\ Ordinance No. 570. An ordinance providing for the attendance of witnesses, and the taking and forfeit- ure of bonds. The city of Walla Walla does ordain as fol- lows : Section 1, That in the trial of any cause for the violation of any city ordinance, the city jnstiee of the peace may cause a sum- mons to be issued 'summoning any person within said city to attend said trial as a witness. Sec. 2. It shall be the duty of any police officer, when called upon by the justice of the peace so to do, to serve such summons, and any person failing or refusing, without good cause, to answer such summons may be arrested on a bench warrant issued by the city justice and brought before the said ' justice, and may for failure to answer said summons be fined in any sum not to ex- ceed five dollars. Sec. 3. In case of conviction each wit- ness shall be ^allowed a fee for each attend- ance of one dollar and the same shall be taxed as costs against the defendant, but in no case, except when otherwise author- ized by the council, shall the city be held liable for any witness fees. Sec. 4. No person in the employ or the city shall be entitled to witness fees. Sec. 5. All costs shall be certified to in the monthly report of the justice of the peace and sfeall-^e allowed and paid as other claims agflilist the city. Sec, 6. The ciBj^ justice bt the peace, or any regular police officer of the city of Walla Walla, at tnS time of arresting any person for. the violation of any city ordi- nance, may release such person upon the deposit of a cash bond with such officer, the amount thereof to be fixed by the officer making the arrest; provided, that in no instance shall a bond of less than fiye nor more than one hundred dollars be de- manded. Sec-. 7. At the time of taking of any bond the officer^ receiving the same shall' cite the person under arrest to appear for trial before the city justice of the peace at a given time, not more than two days’ time distant, and sjiall also inform the said per- son under arrest that a failure to appear before the lustioe at the time indicated will worK a forfeiture of the bond. Sec 8. Any officer taking such bond prior to the tinie such person is cited to ap- pear ior trial, shall deposit the bond in his possession with the justice of the ^eace and shall also file a complaint againit the person under arrest, charging said person under his true name, if thi sime is known or can be learned by the officer, with the oflense committed, and a failure so to do wiffiqut good excuse, shall be deemed a Cited, \jnder the provisions of this act to i appear at the proper time before the justice of the Veace.the justice shall declare tht f cause a bench war- rant td* issue for such person, and if the person can he found within thrcity the Ihf ih® P^-oceed to try the person on the charge contained in the complaint Passed the coimcil September 4, 1896! Av. ^ City Clerk Approved September 4, 1896. Jacob Betz, Mayor. N \ Ordinance No. 571 .^ An ordinance providing for the cleaning out and covering of small streams and ditches within the city of Walla Walla The city of Walla Walla does ordain as fol- lows ; ■ Section 1. That all persons owning real propert^ within the city of Walla Walla through, over or .across which any 'creek irrigation ditch, other Mill Creek and Garrison Creek passes, shall upon rec^ving notice so to do from the street conjmissioner, clean out and cover or box sudh stream or ditch, or cause the same to be done; provided that the board of health has first declared said stream or ditch to be foul and dangerous to the main- tenance of health within the city. Sec. 2. Said cover or box shall consist of lumber at least two inches in thickness, or of other material such as may be ap- proved by the street commissioner. ^ Sec. 3. It shall be the duty of the street commissioner, acting in conjunction with . the board of health, to notify all persons * owning property over, through and across i which any stream or ditch, which has been condemned as above described, passes, which notice is to be given either person- aUy or bv posting a notice for ten days on V such stream oi ditch shall he cleaned out and covered, and any person or persons failing for ten days to properly clean out and cover or box any stream or ditch, as herein providedt after being notified by the street commi|siouer so to do, shall be guilty of a misdemeanor, and may be fined in any sum not to ex- i ceed one hundred dollars. ! Sec. 4. It shall be the duty of the street commissioper to notify all persons owning property through, over and across which i streams or ditches as afore described pass to clean out and cover or box the same in ‘ accordance \yith the provisions of this ordi- nance, and^ if any person or persons fall for the period of ten days to properly clean out and box or cover such stream or ditch after being notified so to do by the street commissioner, the street commissioner shall proceed at the expense of the city to perform said work, and the cost thereof ! shall be entered on the tax roll as, and , shall constitute a lien againsst the property j over, through and across which any stream or ditch passes, which has been cleaned : out, covered or boxed at the expense of the city, and all amounts so charged up on the tax roll shall be collected in the same man- ner as is prescribed for the collection of taxes. Seo. 5. This ordinan 'e is to be in force from and after its passage, approval and publication. Passed the council September 4, 1896. John E. Williams, City Clerk. Approved September 4, 1896. Jacob Betz, Mayor. An ordinance providing for the attendance of witnesses, and the taking and forfeit- ure of bonds. The city'of Walla Walla does ordain as fol- lows : Section 1, That in the trial of any cause for the violation of any city ordinance, the city jnstiee of the peace may cause a sum- mons to be issued summoning any person within said city "to attend said trial as a witness. Sec. 2. It shall be the duty of any police officer, when called upon by the justice of the peace so to do, to serve such summons, and any person failing or refusing, without good cause, to answer such summons may be arrested on a bench warrant issued by the city justice and brought before the said justice, and may for failure to answer said summons be fined in any sum not to ex- ceed five dollars. Sec. 3. In case of conviction each wit- ness shall be allowed a fee for each attend- ance of one dollar and the same shall be taxed as costs against the defendant, but in no case, except when otherwise author- ized by the council, shall the city be held liable for any witness fees. Sec. 4. No person in the employ oi the city shall be entitled to witness fees. Sec. 5. All costs shall be certified to in the monthly report of the justice of the peace and sbalHbe allowed and paid as 1 other claims against the city, j Sec, 6. The city justice bt the peace, or any regular police officer of the city of Walla Walla, at tnd time of arresting amj person for* the violation of any city ordi- nance, may release such person upon the deposit of a cash bond with such officer, the amount thereof to be fixed by the officer making the arrest; provided, that in no instance shall a bond of less than five nor more than one hundred dollars be de- manded. Seo. 7. At the time of taking of any bond the officer^receiving the same shall cite the person under arrest to appear for trial before the city justice of the peace at a given time, not more than two days' time distant, and sjiall also inform the said per- son under arrest that a failure to appear before the lustice at the time indicated will worE a forfeiture of the bond. Sec. 8. Any officer taking such bond, prior to the time such person is cited to an- pear lOr trial, shall deposit the bond in his 'T'th the justice of the ^eace, and shall also file a complaint against the pewon under arrest, charging said person under his true name, if the same is known or can be leam^ by the officer, with the offense committed, and a failure so to do be deemed a o^ert ^ removal of such cited^'ubdP^i^ha person i cited, ynder the provisions of this act to 1 proper time before the justice kLh f H shall declare the %t®ited and shall cause a bench war- rant to* issue for such person, and if the the city, he justice shall proceed to try the person on the charge contained in the complaint, irassed the council September 4, 1898 A ^ibLiAMs, City Clerk Approved September 4, 1896. Jacob Betz, Mayor. .. ^ ^barren of resulls for hia I th within the city of Walla Walla at a greater speed than six miles an hour, and it shall be unlawful for any person or per- sons to ride a bicycle or tricycle upon any of the public streets of said city at a greater speed than eight miles per hour. Sec . 3. It shall be unlawful for any person or persons to ride a bicycle unless the same is provided with a bell and it shall be unlawful for any person or persons to ride any bicycle upon any of the sidewalks or foot paths or streets within the city when too dark lor .such person to see and distinguish other per- sons one hundred feet away unless there is dis- played upon said bicycle a lighted lantern of some approved make. Sec. 4. It .shall be unlawful for any person or persons to r de any bicycle upon any sidewalk or foot path at a speed greater than four miles per hou'-, within thirty f-et of anj’’ person who may be w'alking or standing upon such walk or foot path. Sec 5. It shall be unlawful for any person or persons riding a bicycle to approach nearer than fifty feet to any person walking or standing upon any sidewalk or foot path, unless said rider shall not less than fifty or more than one hundred feet from such person sound a signal with the bell provided on sail bicycle. Sec. 6 It shall be unlawful for any person or persons to ride a bicycle upon any sidewalk withing the city past any child under eight years of age, or any woman, but it shall be th duty of each bicycle rider to di.smount at leas' twenty feet from any such child, or woman. SEC. 7. It shall be unlawful for any person or persons riding a bicycle or tricycle upon any sidewalk or foot path in the said city to ap proach within thirty feet of or pass any street or alley-intersection at a greater speed than four miles per hour, unless such intersection is so far free from obstruction that such rider car while thirty feet distant from the intersecting corner, see any foot passenger, bicycle rider, 01 vehicle, should there be any approaching sucl intersecting corner or alley, at a point dista" not more than thirty feet from the intersect! corner. Sec. 8. It shall be unlawful for any perse or persons riding a bicycle upon any sidewalk o foot path within the city of “Walla Walla to pas any street or alley intersecting said sidewalk o foot path without sounding an alarm upon bicycle bell at a point pot less than fifty feet oi more than 100 feet front the corner of intersec tion Sec. 9. It shall be unlawful, on any dav c monly known as Sunday, to ride a bicycle up anv sidewalk or foot path within the city, upon t e sidewalk leading from the city to tht city cemetery. Sec. 10 In the event of a collision between . bicycle rider or riders and any other person, th< fact of such collision shall be pnma facie evi dence that the bicycle rider or riders had vio lated such provisions of this ordinance as sucl rider may be charged w'ith having violated Sec. II. It shall not be unlawful to ride a bi cycle, except as by this ordinance prohibited and so much of section 38 of an ordinance con cerning streets- as is in conflict with this ordi nance is hereby repealed. Sec. 12. Any person or persons violating an, of the provisions of this ordinance shall, o: conviction thereof, be fined in any sum not les than $5.00 or more than $50.00. Sec. 13. This ordinance shall be in force fro“ and after its passage, publication and approval Passed the Council March 16, 1897. TOHN E) WII.I.IAMS, City Clerk. Approved March 16, 1897. JACOB BETZ, Mayor. JULIUS A. LEVY 103 ist.y Walla “Wall # ■■■'f ilhTRlTV M il (• ' > ]■ ' f 1 AMENDED CHARTER AND- ORDINANCES OF THE- City of Walla Walla Together with General Laws of the State of Washington Applicable Thereto. Published by Authority of the City Council. COMPILED AND ARRANGED BY ALIaX MACKAY AND W. T. DO YELL. V I WALLA WALLA, WASHINGTON. PRESS OF THE WALLA WALLA UNION: ISOO. ! 1 I. i II ; WALLA WALLA CITY CHARTER. An Act To Incorporate the City of Walla Walla, and to Farticulaiiv Define the Powers Thereof. CH.\PTKR I. Be it enacted by the Leirislative Assembly of the I'erritory of Wash- ington: vSection I. That the corporate limits of the City of Walla W alla and the boundaries thereof shall be as follows: Beginning at the north- west corner of the northeast quarter of the northwest cjnarter of section nineteen (19,) township seven (7,) north of range thiry-six (36,) east Willamette meridian; thence south on sub-division lines to the north boundary of the United States Military Reserve; thence northeasterly along said boundary to the northeast corner of said Reserve; thence southeasterly along the eastern boundary of said Reserve to the south boundary of the northeast quarter of the southeast quarter of section thirty (30;) thence east on sub-division lines to the .southeast corner of the northwest quarter of the southwest quarter of section twenty-eight (28;) thence north on sub-division lines to the northeast corner of the southwest quarter of the northwest quarter of section twenty-one (21;) thence west on sub-division lines to the northeast corner of the south- west quarter of the northeast quarter of section twenty (20;) thence north on sub-division line to the northeast corner of the northwest quarter of I I 7929 I / 6 CITY CHARTER, the northeast quarter of section twenty (20) and on north boundary of said section; thence west on north boundaries of sections twenty (20) and nineteen (19,) to the place of beginning. vSec. 2. The inhabitants within the City of Walla Walla are hereby constituted and declared to be a municipal corporation by the name and style of the “ City of Walla Walla,” and by that name shall have per- petual succession, and may sue or be sued, plead or be impleaded in all courts of justice, contract and be contracted with, and have and use a common seal, and alter the same at pleasure. CHAPTER II. POWERS OF THE CORPORATION. vSection 3. The City of Walla Walla has power to assess, levy and collect taxes for general municipal purposes, not to exceed one-half per centum per annum, upon all property, both real and personal, within the city which is by law taxable for territorial and county purposes, and to levy and collect special taxes as hereinafter provided, but all taxes for general and special municipal purposes shall not exceed in any year one and one-half per centum on the property assessed. Provided, how- ever, that the above limitations shall not apply to local assessments in assessment districts. Sec. 4. The City of Walla Walla shall have power to make regula- tions for prevention of accidents by fire. To organize and establish fire departments, and shall have control thereof, and ordain rules for the government of the same. To provide fire engines and other apparatus, and a sufficient supply of water, and to levy and collect special taxes for these purposes, not to exceed in any year three-tenths of one per centum upon the taxable property within the city, and on petition of the owners of one-half of the ground included within any prescribed limits within the city, to prohibit the erection within such limits of any building, or any addition to any building, unless the outer walls thereof be made of brick and mortar and iron, or stone and mortar, and to provide for the removal of any building, or any addition erected contrary to such pro- hibiten. ^ vSec. 5. The City of W^alla Walla may regulate and provide as to the manner in which all lands and additions to the city shall be sub- 1 Such a grant of power held sufficient to entitle city to pass fire limit ordinance. Olympia v. Mann, 1 Wash., 389. As to right ot council to define limits niider such power, see Dillon on Mun. Corp., p. 94-5. MM' L WALLA WALLA. WASLL 7 divided into lots, blocks, streets and alleys, and the width, distance apart and direction of each street and alley, and the manner in which a plat shall be made thereof and where filed, and the kind of monuments in all parts of the city, and place and manner of erection and mainten- ance thereof, to prevent mistakes and confusion of boundaries, and may cause an official map of said Cit}' to be made and kept for public in- spection, which plat certified by the City Surveyor, shall be prima facie evidence that the lines as they appear thereon are correct, and all sur- veys made b}^ the City Surveyor whatever, at the instance and expense of the City, or private parties, shall be official surveys, and a minute thereof shall be kept by the City Surveyor as a part of his official records, and shall be prima facie evidence of their own correctness, and the City has power to enforce this by ordinance, and to compel the es- tablishment and maintenance of such monuments, and to fine or im- prison, or both, for a violation thereof, and when the boundary or ex- istence of any public street, alley, basement or square is in doubt, and the land claimed by a private party, the City may file a bill in equity to determine the right theretoM Sec. 6 . The City of Walla Walla has power to purchase, or con- demn, and enter upon and take any lands within or without its terri- torial limits for public squares, streets, parks, commons, cemeteries, hospital grounds or to be used for work houses, or houses of correction, or anv other proper and legitimate municipal purpose, and to enclose, ornament and improve the same, and to erect necessary public build- ings thereon, and for these purposes may lev}' and collect special taxes, not exceeding one-fifth of one per cent in any year. The City shall have entire control of such buildings, and all land purchased, or con- demned, under the provisions of this section, and of all streets, high- ways, squares and other public grounds within its limits, establi.shed or appropriated to public use by authority of law, or which have been, or may be hereafter, dedicated to public use by any person or persons, and has power to regulate and improve the same, and in case such lands are deemed unsuitable or insufficient for the purpose intended, to dispose of and convey the same^ and conveyances of such property executed in the manner that may be prescribed by ordinance, shall be held to extinguish all rights and claims of said City on the public, existing prior to such conveyance, but when such lauds are so disposed of, and conveyed, enough thereof shall be reserved for streets to accommodate adjoining property owners.^ vSec. 7 . Tim City of Walla Walla has power to provide for the light- ing of streets, and furnishing the City with lights, and for the erection 1 See title IX, chap. XII, Hill’s Code, 1 Supra). 2 See Eavvs 1890, p. 294, (Supra 1. 8 CITY CHARTER, or construction of such works as nia) be necessary and convenient there- for, and has power to levy and collect for these objects a special tax not exceeding one-fifth of one per centum per annum upon the taxable prop- erty within the limits of the City for the benefit of such lights. Skc. 8. The City of Walla Walla shall have power to provide for clearing, opening, vacating, graveling, improving and repairing of streets, highways and alleys, to gutter the same and to construct and repair side- walks, and build bridges and for the prevention and removal of all ob- structions therefrom, or from, any cross or sidewalk, also to regulate cellar ways, and cellar lights, or sidewalks within the city, and to pro- vide for cleaning the streets and to establish the grade thereof, also for constructing sewers and cleaning and repairing the same, and have power to assess, levy and collect each year a road poll tax of not less than two nor more than six dollars on every male inhabitant of the city between the ages of twenty-one and fifty years, except actual and exempt mem- bers of the fire department, and except persons that are a public charge, also a special tax on property of not less than two nor more than six mills on every dollar’s worth of property within the citv which taxes shall be expended for the purposes specified in this section, and there shall not be levied or collected by the County of Walla Walla or the officers thereof ain' road tax or road-poll tax upon the property or inhabi- tants within said cit}\ Skc. 9. The City of Walla Walla .shall have power to cause every person to keep his property or the property he occupies or controls and the adjacent streets and alleys clean and free from all things dangerous to health or offensive to the senses or dangerous to travelers, and to keex> said .streets and alleys free from inflammable material and to cause owners of public halls and other buildings to provide suitable means of exit, to abate all nui.sances and provide for the public safety. Sec. 10. The City of Walla Walla is hereby authorized to grant the right to use the .streets of said city for the purpo.se of laying gas and other pipes intended to furnish the inhabitants of said city with lighter water to any persons or a.s.sociation of per.sons for a term not exceeding twenty-five years, and to authorize or forbid the location and laying down of tracks for railways and .street railways, telegraph and telephone appliances on all streets, alleys and public ])laces, but no railway track can thus be located and laid down until after the injury to streets, alleys and to property abutting upon the street, alley or public place upon which such track is proposed to be located and laid down has been as- certained and compensated in the manner provided for compensation of injuries arising from regrade of streets in Section 99 of this Act. Pro- vided always that none of the rights or privileges herein granted shall be exclusive nor prevent the council from granting the same right to others. WALLA WALLA, WAvSH 9 Src. II. The City of Walla Walla shall have power to erect and maintain water-works within or without the City limits or to authorize the erection of the same for the purpose of furnishing the city, or the inhabitants thereof, with a sufficient supply of water and for the purpose of maintitining and protecting the same from injury, and the water from pollution, its jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams springs, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken for five miles above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect, but no water works shall be erected by the city until amajor- itvof the voters, who shall be those only who are freel olders^ in the city, or pay a property tax therein, on not less than five hundred dollar’s worth of property, shall at a general or special election vote for the same. Such proposition shall be formulated and submitted not less than thirty da}^s before election. Skc. 12. Said City is hereby authorized and empowered to con- demn and appropriate so much private property as shall be necessary for the construction and operation of such water works and shall have power to purchase or condemn water works already erected, or which may be erected, and may mortgage or hypothecate the same to secure to the persons from whom the same may be purchased the payment of the purchase price thereof, said city shall have power to regulate and sell the water thus brought therein, and the moneys arising therefrom shall constitute a fund to be used to defray’ the expenses of operating the same and to pay the purchase price thereof, and said city may levy and collect a special tax each year until the necessit}* therefor ceases to exist, not to exceed two-tenths of one per centum. Provided, however, no such tax shall be levied or collected until the question has been sub- mitted, as provided in Section Eleven (i i ) of this .\ct,to electors as there- in named, and a majority thereof at an Selection shall favor the same. Sec. 13. The City of Walla Walla shall have power to provide for, and by ordinance adopt such a system of sewerage, as may be needed, but no moneys shall be expended for pipes, mains or material to be used therefor until the system proposed, and the cost therefor has been as- certained and submitted for ratification or rejection to the qualified voters, as prescribed in section 12, of said City at an annual or special 1 Abrogated by Article VI, State Constitution. 2 As amended by an Act entitled “An Act to amend an Act entitled 'An Act to in- corporate the City of Walla Walla and to particularly define the powers thereof.”’ Approved Febrnaryt4, 1886. U) CITY CHARTER, election, and tlie expenditure therefor be authorized by a majority of such voters. Provided that this section shall not prohibit construction of sewers under Chapter lo, of this Act. vSkc. 14. The City of Walla Walla shall have power to make regu- lations to prevent the introduction and spread of contagious diseases in the City; to remove persons affected with such or other diseases there- from to suitable hospitals provided by the City for that purpose and to provide for their support during their sickness only, and provide that solvent persons and their estates shall pay for the expense of keeping them in such hospital. Provided, however, that persons shall not be re- moved from their own home without their consent, but the City may quarantine any house wherein a contagious di.sease exists, or the whole City. Sec. 15. The City of Walla Walla shall have power to make regu- lations and pass ordinances preventing domestic and other animals from running at large within the City limits, and restrain, impound and for- feit such animals, and may sell the same when forfeited and apply the proceeds as it deems expedient, and in the case of dogs may 'cause them to be killed or sold when they are found running at large without license, and niav also impose a license tax on dogs within the City. Sec. 16. The City of Walla Walla shall have power to regulate, license and tax all carts, drays, wagons, carriages, coaches and omni- buses and other vehicles kept for hire, and to fix the rates thereof; to license, tax and regulate or prohibit theatrical show^s and other exhibi- tions; to license, tax and regulate auctioneers, hawkers, peddlers, bank- ers, brokers and pawnbrokers; to license, tax, regulate, prohibit and re- strain drinking saloons and beer shops and breweries, or other places where intoxicating or other beverages are sold or disposed of in less quantities than one gallon. Provided, however, that no license shall be required of apothecaries or druggists for the sale of wines, spirits or malt liquors for medical purposes only, when prescribed by regular practic- ing physicians ; to license, tax and regulate wash houses, slaughter houses and abbatoirs, and to license and tax all hotels, livery stables, business houses and wholesale and retail T)usiness of every kind and description. Provided, that no tax shall be imposed or license required for the sale in said City of any of the natural products of the country when sold by the producer. Sec. 17. The City of Walla Walla has power to establi.sh and main- tain a day and night police, which shall consist of the Marshal and his deputies, and regulate their number, pay and duties. I As amended by an Act entitled “An Act to amend an Act entitled ‘An Act to in- corporate the City of Walla Walla and to particularly define the powers thereof.’” Approved F'ebruary 4, 18S6. WALLA WALLA, WAvSH. 1 1 vSkc. i8 . The City of Walla Walla shall have power to prohibit, Tegulate or restrain houses of ill-fame, gambling or gambling houses, opium-smoking houses and the confiscation of opium found therein, and to authorize the destruction of gaming devices and opium-smoking devices; to prohibit and restrain and abate disorderly houses; to regulate the transportion and keeping of gun-powder and other combustibles, and to provide for magazines for the keeping thereof, and license and tax such keeping, and punish any violation of such regulation by fine, imprisonment or forfeiture of the gun-powder or combustible kepi or transported contrary to such regulation; to regulate the speed and man- ner in which animals or vehicles of all kinds, including locomotives or cars, shall be driven or allowed to run through the streets of said City; to prevent riots, assaults, assaults and batteries or affrays, noisy or dis- orderly assemblies within said City, and to prevent the maintenance of anything which is annoying, offensive or unhealthy whatever its nature, and to prevent all other acts which are misdemeanors at common law or by the statutes of the Territory of Washington, and may punish vio- lations of the provisions of this section as provided in section 22. . vSec. 19. The City of Walla Walla shall have power to regulate the burial of the dead and to prevent any interments within the limits of the City, and cause any body interred contrary to such prohibition to be taken up and buried without the limits of the Cit}’, and have full jurisdiction over all cemeteries belonging to the City, whether within or without the City limits, and of the walks and ways leading from the City to such cemeteries and power to regulate, improve and protect the same in all respects and to punish by fine and imprisonment as provided in section 22 any violation of ordinances in respect to the same. vSec. 20. The City of Walla Walla shall have power to establish and regulate markets, to provide for the measuring or weighing of hay, coal, wood or any other article. Sec. 21. The City of Walla Walla shall have power to protect that City and the inhabitants thereof from the floods of Mill creek and other streams, and to that end may prescribe the width between the banks, prevent obstructions and cause the same to be removed; prescribe the places where embankments shall be made and the nature thereof and prescribe the duties of the owners of the land or shore of such stream as to putting in and maintaining protections against the overflow or washing thereof, and may punish by fine and imprisonment as provided in Section 22 an}’’ breach of said duty, and in case said duty is not per- formed, the City may construct such protection and recover the cost I AS amended by an Act entitled “An Act to amend an Act entitled ‘An Act to in- corporate the City of Walla Walla and to particularly define the powers thereof.’ -’ Approved February 4. CITY CHARTER, I 2 « thereof from tlie owner on whose land the same is made. iThe owners of land or shore as above mentioned embraces all lands within one hun- dred and twenty feet of the middle channel of Mill creek. vSkc. 22. The City of Walla Walla shall have power to adopt pro- l)er ordinances for the government of the City and to carry into effect the powers given by this act, and to provide for the punishment of a vio- lation of any ordinance of the City by a fine not exceeding three hun- dred dollars and costs, or by impri.sonment not exceeding thirty davs, or by both such fine and imprisonment, and in case of the default of the payment of such fine and costs, shall have power to imprison not to ex- ceed one day for every two dollars, and such fine and costs may also be collected by execution against the property of the defendant and when so collected shall be credited on the judgment, and any person while im- . prisoned as aforesaid shall be ccmpelled to work during the time he is so imprisoned at such hard labor as the Mar.shal shall direct. Skc. 23. The City of Walla Walla shall have power to establish and regulate the fees and compensation of all its officers, except when otherwise provided, and have such other power and privileges not here specifically enumerated as are incident to municipal corporations. CHAPTER III. ('rOVKRNMENT. Section 24. The pow'er and authority hereby given to the City of Walla Walla by this act. shall be vested in a Mayor and Council together with such other officers as are in this act mentioned or may be created under its authority. Sec. 25. The Council shall consist of seven members. They shall be elected for two years and shall hold their office until their successors are elected and qualified. Provided that the terms of members of the Council as fixed under the former charter shall continue in all respects as though this act had not been passed and all officers elected under the former charter shall hold their respective offices under this charter dur- ing the terms for wdiich they were elected and until new officers are elected and qualified hereunder, at wdiich time said terms shall cease. Sec. 26. The Mayor .shall be elected for one year, and .shall hold his office until his successor is elected and qualified. I As amended by an Act entitled “An Act to amend an Act entitled ‘.\n .^ct to incorporate the City of Walla Walla and to particularly define the powers thereof.’” Approved February 4, 1886. WALLA WALLA, WASH. 13 Sec. 27. H'here shall be elected by the qualified voters of each an- nual election, as hereinafter provided, a Mayor, members of the Coun- cil, Treasurer, Justice of the Peace, Marshal, Street Commissioner, City Attornev, City Surveyor, City Clerk, Health Officer, Asses.sor, and City Sexton. Such other officers as may become necessary for the due exe- cution of the powers herein conferred, shall be appointed by th^ City Council. All elective officers, except members of the Council, shall hold office for one year, or until their successors are elected and qualified. Such election shall be by ballot. The Justice of the Peace so elected shall be one of the Justices of the Peace duly elected under the laws of Washington Territory, and while acting in City matters may hold his office anywhere within the City. Such Justice of the Peace shall have jurisdiction over all crimes defined by any ordinance of the City and of all other actions brought to enforce or recover any penalty, forfeiture declared or given bv any such ordinance, and full power and authority to hear and determine all causes, civil or criminal, arising under such ordinance and to pronounce judgment in accordance therewith. All civil or criminal proceedings before such Justice of the Peace under and by authority of this act shall be governed with and regulated by the general laws of this Territory relating to Justices of the Peace, and to their practice and jurisdiction, and shall be subject to review in the District Court of the proper district by certiorari, mandamus or appeal, the same as in other cases. Any elected officer may be supended by the Council at a regular meeting. And if charges are not preferred and a copy thereof served on the suspended otncer within ten days after his .suspension, the officer shall be restored to duty. Trial on the charges must be held within ten days after service thereof, in the manner to be provided by ordinance. The Council may appoint at any time, a per- son to fill any one of the above named offices whenever the incumbent thereof is suspended, absent or sick, or unable from any cause to act; such appointments, however, shall cease whenever the disability is re- moved, and in case the term of office of the City Justice shall expire under Territorial law, the Council shall fill the vacancy and the Justice .so appointed shall hold office until the next general election, and his successor is elected and qualified. The .salary of none of such officers .shall be increased or diminished during the term for which they were elected or appointed. I As amended by an Act entitled “An Act to amend an Act entitled ‘An Act to in- corporate the City of Walla Walla and to particularly define the powers thereof.’ ’’ Approved February 4. 1886. 14 CITY CHARTER, CHAPTER IV. KPECTIONS. Section 28. iTliere shall be a general election for Mayor, nieni- bers of the Conncil, Treasurer, Justice of the Peace, Marshal, Street Coinn^issioner, City Attorney, City Surveyor, City Clerk, City Assessor, Health Officer, and City Sexton on the Second Monday of July of each year. Sec. 29. That at all general elections the vote shall be by ballot at the time and place designated by the Council and the inspectors, judges and clerks to conduct the same shall also be appointed by the Council. vSec. 30. The City Clerk shall give ten days’ notice by publication in two newspapers each of different politics, if there be such published in said city, of such election, the officers to be elected, the place or places designated, and the names of the officers by whom the same is to be conducted. Sec. 31. All elections shall commence at nine o’clock^ a. m. and continue until five o’clock of the same day without closing the polls. ^ If any judge of election fails to attend and serve at the proper time the voters of the ward then present may elect another in his place, and if any clerk fails to attend and serve at the proper time, the judges of the election may appoint another in his place. Sec. 32. Inspectors, judges and clerks of election must possess the qualifications of voters in the ward where they act as such, but a mis- take or error in this respect, or a failure to give notice required by Sec- tion 30 of this act shall not invalidate any election otherwise legal. Sec. 33. No person is qualified to vote at any election under this act who is not entitled to the privilege of an elector according to the laws of the territor}' six months next preceding such election and who has not resided in the ward for ten days and who if under fifty years of age has not paid either a poll or property tax in such City for the fiscal year then last past except those exempted from taxation in section 8, such payment to be proved by the proper official receipt therefor, except when such receipt is lost or mislaid, when it may be proved by the oath of the person offering to vote.^ And all officers required to be elected by this act except those elected by the Common Council shall be elected by the qualified voters of the City. 1 As amended by an Act entitled “An .-iLCt to amend an Act entitled ‘An Act to in- corporate the City of Walla Walla and to particularU’ define the powers thereof.’ ’’ Approved February 4, 1886. 2 See Title VIII, Chapter IV, Hill’s Code (Supra.) 3 Abrogated by Article VI, State Constitution. WALLA WALLA, WASH. 15 Sec. 34. On the first regular meeting of the Council next after such election the return thereof shall be canvassed and a written statement of such canvass shall be made and signed by the presiding officer of the Council and attested by and filed with the Clerk. Such written state- ment shall contain the whole number of votes given at such election, the number given for any person for any office, and the names of per- sons elected and to which office: Provided that if the requisite number of Citv officers shall not be elected by reason of two or more persons hav- ing an equal and the highest number of votes for one and the same office, the City Clerk shall give notice to the several persons .so having the highest and an equal number of votes to attend the council chamber at an appointed time and the said Council shall then and there proceed publicly to decide by lot which of the persons so having the highest and an equal number of votes shall be deemed duly elected and a certificate of election shall be dulv issued to the person thus declared elected as hereinafter provided. Sec. 35. After such statement of the canvass is filed the Clerk shall make and sign within two days thereafter a certificate of election for each penson declared thereby to be elected and deliver the same to him. Sec. 36. A certificate of election is prima facie evidence of the facts therein stated, but the Council is the final judge of the qualifications and election of the Mayor and its own members. 1 Sec. 37. The term of office of every person elected to office under this act shall commence at 12 m. on the tenth day after the canvass of the election returns by the Council except as otherwise provided by this act and by .such time such persons must qualify by taking and filing the oath of office and giving such official undertaking for the faithful per- formance of his duties as mav be required or he .shall be deemed to have declined, and the office shall be considered vacant except when there is a contest, in which case .such person must qualify within ten days from the determination of such conte.st. Sec. 38. All officers elected under this Act before entering upon the duties of their office, must take and file with the Clerk an oath ot office to the following effect: “ I, A. B., do solomnly swear (or affirm) that I will support the Constitution of the United States, the organic Act of this Territory and the laws made in conformity therewith, and that I will, to the best of my ability, faithfully perform the duties of the office of during my continuance therein, so help me God.” If the person affirms instead of the last clause, there must be added, ” and this I promise under the pains and penalties of perjury.” 1 A.S amended by an Act entitled “An Act to amend an Act entitled ‘An Act to in- corporate the City o? Walla Walla and to particularly define the powers thereof.’” Approved, February 4, 1880. i6 CITY CHARTER, Skc. 39. All laws of the Territory regulating and governing gen- eral elections and proceedings and matters incidental thereto, shall ap- })l3' to and govern elections under this Act, except as herein otherwise provided. vShc. 40. No person is eligible to any office in such municipal cor- })oration, who at the time of his election or appointment is not entitled to the privilege of an elector according to the laws of this Territory, and who has not resided in said City for the six months next preceding such election or appointment. CHAPTER V. VACANCIES IN OFFICE. Section 41. Tf aii3" officer shall be absent from the City thirty days without leave of the Council, or shall die, or be disabled from per- forming his duty, or shall resign, or abscond, or be guilty of misde- meanor or breach of duty, the Council, by a five-sevenths vote, may de- clare his office vacant, and fill the vacancy with his successor. Sec. 42. An officer appointed to fill a vacancy, must, within five days after being notified of the appointment by the Clerk, qualify there- for as in the case of an officer elected, or he shall be deemed to have de- clined and the office considered vacant. CHAPTER VI. ON THE ORGANIZATION .-VND POWERS OF THE COUNCIE. vSection 43. The City Council shall possess all the legislative power granted by this Act, shall be a board for the equalization of City taxes and have all other corporate powers of the City not herein, or by some ordinance of the City conferred on some other officer, and shall have the same powers and duties with reference to City assessments and taxes as those prescribed by existing law for the government of the board of Counts Commissioners in the matter of County assessments and taxes. Sec. 44. The Council must provide for the time and place of its regular meetings, to any of which it may adjourn to the next regular I As amended by an Act entitled “An Act to amend an Act entitled ‘An Act to in- corporate the City of Walla Walla and to particularly define the powers thereof.’ " Approved, February 4, 1886. WALLA WALLA, WASH. 17 meeting, or to some time prior thereto, and it may be convened by the Mayor at any time upon a day’s notice given to each of the members through the City Clerk. Sec. 45. A majority of the members of the Council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time and compel the attendance of absent members. vSec. 46 The Council may adopt rules for the government of the conduct of its members and its proceedings, and in the absence of such rules shall be governed by the parliamentary laws applied to the govern- ment of legislative bodies, as modified b\' the rules last adopted by the Legislative Council of Washington Territory. It must keep a journal of its proceedings, and on the call of any one of its members, must cause the yeas and nays to be taken and entered in the journal upon any ques- tion before it. But upon a question to adjourn the yeas and nays shall not be taken, unless upon the call of four members. Its deliberations and proceedings must be public. Sec 47 The Council may punish any person or member for dis. orderly conduct at a meeting of the Council, and the manner of proceed- ings in a case of ilisorderly conduct and the penalty must be provided for by ordinance, but a member of the Council, for words uttered in de- bate during sessions of the board. shall not be questioned in any other place vSkc. 48. The Mayor is ex-officio president of the Council and pre- sides over its deliberations when in se.ssion. He is not entitled to vote but has authority to preserve ordei, enforce the rules of the Council and determine the order of business, subject to such rules, and to an appeal to the Council. If the Mayor should be absent at any meeting of the Council, the Council must appoint one of their own meinbers president, to serve during the meeting or until the Mayor attends. vSkc. .^9- Cii the tenth day next following any general election there must be a regular meeting of the Council, at which time the election returns shall be canvassed, as provided in Chapter IV of this act, and such meeting is appointed by this act, and no notice thereof or call there- for is necessai'}-. Sec 50. A majority of the whole number of Councilnien elected shall constitute a quorum, and a maiority vote of the quorum is suffi- cient to perform and transact aii}^ business of the Council, except the final passage of an ordinance or making a general appropriation of money, in which matters it shall require a majority vote of all members elect, and except in cases wherein other provisions of this act provide ,s CITY CHARTER, that a j^reater number of vote.s is required: Provided, that special pay- ments from a fund already appropriated may be made upon a majority vote of a quorum, and provided further, the Council may order the money out of the general fund into another for any specific object. CHAPTPIR VII THK MAYOR — HIS POWKRS AND DUTIKS. Section 51. The Mayor is the chief executive officer of the corpor- ation, and shall have power to communicate to the Council at any tune concerning the condition and state of affairs of the corporation, and recommend such measures as he may deem expedient and proper, has the power of veto and the power to pardon or commute an> sentence for the violation of any ordinance. The Mayor shall sign all warrants or- dered drawn on the City treasury. Sec. 52. The Mayor shall approve all bonds or undertakings, ofti- cial or those which may be required by ordinance, or by any contract entered into by the corporation with private individuals. He shall re- port the same to the Council at the next regular meeting thereof, and if f ap- peal. 1‘leadiiig.s, or wliat I 0 coo- .sist. Taxation of co.st.s, pay- ment of. 34 GKNKRAL LAWS. Payment of damages l)y City ov Town. Cliarters and ordinances as evidence. Pleading tlie existence of City or Town. Pleading or- dinance of City or Town Judicial no- tice. the Superior court, the costs shall be taxed to the defend- ant. In all other cases, and in case no appeal is taken, all cost shall be taxed to and paid by the City or Village. i/765. The damages awarded by the appraisers or assessed by the jury or court in case of appeal, shall be paid by the City or Village in the same manner that other debts or liabilities of such City or Village are paid. TITLE IX, CHAPTER XIV, i HILL’S CODE. GKNERAIv PROVISIONS WITH RESPPXT TO CHARTERS AND ORDINANCES. iJ.766. All ordinances passed by any City Council or board of trustees, or other municipal corporation,'^ within the State of Washington, shall be recorded in a book to be kept for that purpose by the City Clerk, or clerk of such board of trustees or municipal corporation of .such City, and when so recorded the record thereof so made shall be re- ceived in any court of this State as prima facie' evidence of the due passage of such ordinances as recorded, and this chapter shall apply as well to all ordinances heretofore as hereafter so passed and recorded. And when the ordinances of any City or Town are printed bv authority of such mu- nicipal corporation, the printed copies thereof shall be re- ceived as prima facie evidence that sucli ordinances, as printed and published, were duly passed. ^.767. In pleading the existence of any City or Town in this State it shall be sufficient to state in such pleading that the same is an existing City or Town, incorporated or organized under the laws of the State of Washington. ^.768. In pleading any ordinance of a City or Town in this State it shall be sufficient to state the title of such ordi- nance and the date of its passage, whereupon the court shall take judicial knowledge of the existence of such ordi- nance, and the tenor and effect thereof. GENERAL LAWvS 35 TITLE XXXIII, I HILL’S CODE. BOND OF CONTRACTORS FOR SECURITY OF LABORERS. ^2415. Whenever the Board of County Commissioners of any County of this State or the Mayor and Common Coun- cil of any incorporated City or Town or the tribunal trans- acting the business of any municipal corporation, shall con- tract with any person or persons to do any work of any character, which if performed for an individual a right of lien would exist under the law, or make any improvement for such County, incorporated City or Town, or other muni- cipal corporation, such Board of County Commissioners or Mayor and Common Council of any incorporated Town or City or tribunal transacting the business of any other muni- cipal corporation shall take from the person with whom such contract is made a good and sufficient bond with two or more sureties who shall justify as bail upon arrest, which bond shall be conditioned that such person, shall pay all laborers, mechanics and material men, and persons who shall supply such contractor with provisions or goods of any kind, all just debts due to such persons or to any person to whom any part of such work is given, incurred in carrying on such work; which bond shall be filed by such board, or Mayor and Common Council or other tribunal in the office of the County Auditor in the County where such work is to be performed or improvement made. ^2416. If any Board of County Commissioners of any Coun- ty or Mayor or Common Council of any incorporated City or Town, or tribunal transacting the business of any muni- cipal corporation shall fail to take such bond as herein re- quired, such County, incorporated City or Town, or other municipal corporation shall be liable to the persons men- tioned in the last preceding section to the full extent and for the full amount of all such debts so contracted bv such contractor. ^2417. The bond mentioned in section twenty-four hun- dred and fifteen of this volume of general statutes shall be in an amount equal to the full contract price agreed to be paid for such work or improvement and shall be to the State of Washington, and all such persons mentioned in said section twenty-four hundred and fifteen shall have a right of action in his, her or their own name or names on such bond for the full amount of all debts against such contractor, or for Authorities to take Bond from con- tractors. When— Liability of corporatio 11 s for failure to take bond. Co n d i t i o n and right of action upon bond. GKNKRAL LAWvS. work (lone by such laborers or mechanics and for materials furnished or provisions and goods supplied and furnished in the prosecution of such work or the making of such improve- ments. ^OTK.— This act has been con.strued i>y the Supreme Court of Washington as fol- lows: In Maxon v. Sehool District, o Wasli. 742, held that a laborer or material man, in order to entitle him to recover against a corporation that had failed to require the bond provided for, need not finst establish his claim in a .separate action against the contractor, and need not even make him a party to an action against the corporation. In Ihrig v. Scott, 5 Wash. 584. a bond running to the “Board of School Directors” instead of to the “State of Washington” as provided in the act, was held valid. Held further that this act provides a remedy for tho.se furnishing materials as sub-contractors In Clough V Graves, 7 Wash. 279, this act held not to apply to street grading contracts, ttiere being no lien for such work if performed for an individual. In Wadsworth v. School Di.strict, 7 Wash. 485, an action against a school district for not taking a sufficient bond, held that the failure of sureties to justify as to their financial responsibility is not fatal irregu- larity; that such bond is not inoperative l>ecause made to the .school dis- trict in.stead of to the State of Washington; tliat it is not nece.ssary that such bond be placed on file witli the County Auditor prior to the furnish- ing of materials to the contractor iu order to relieve the .school district from liability. In Fischer v. Uuigley. S Wash. 327, held that an action upon such a bond is not barred by the procuring of a prior judgment against the contractor. In Wallace V. Skagit County, 8 Wash. 437. the construction of a local ditch held not to be such an improvement as to require the taking ol a bond under this act. C^KNKRAIv LAWvS 37 CHAPTER VIII, IvAWvS 1H93, p. 12. authorizing cities and towns to purchase, construct AND MAINTAIN CERTAIN PUBUIC WORKS, AND ISSUI5 BONDS therefor. An act relating to and authorizing Cities and Towns to purchase, construct and maintain waterworks, systems of sewerage, gas and electric light plants and to issue bonds to pay therefor, and declaring an emergency. Ht' it enacted by the Legislature of the State of Washington : That any incorporated City or 'lown within the State be and is hereby authorized to construct or condemn and pur- chase. or purchase or add to and maintain water works with- in or without the City limits for the purpose of furnishing the City and the inhabitants thereof with an ample supply of water for all purposes and to construct and maintain a system of sewerage with full jurisdiction and authority to manage, regulate and control the same beyond the limits of the corporation, and to buy or build gas works and elec- tric light plants for the purpose of lighting streets and public places, and supplying lights to the inhabitants of such Cities and Towns with full authority to regulate and control the same. Whenever the City Council or Board of Trustees ofany such~ City or Town shall deem it advisable that the City or Town, of which they are such officers, shall exercise the authority hereby conferred upon them in relation to water works, sewerage or works for lighting purposes, any or all thereof, the corporation shall provide therefor by ordinance which shall specify and adopt the system or plan proposed and declare the estimated cost thereof as near as mav be, and the same shall be submitted for ratification or rejection to the qualified voters ot said City at a special election, of which thirty days notice shall be given in the newspaper doing the City printing by publication in each issue of said paper during said time; Provided, That if the said Cit\ or Town is to become indebted or issue bonds for such water works or sewerage system or plant or works for lighting purposes, the said proposition and authority to be.come so indebted shall be adopted and assented to by three-fifths of the qualified voters of said City or Town voting at said elec- tion, except as to the adoption or rejection of the system or nlaii of internal improvements contemplated which may be Sectiox I. Sec. 2. GENERAL EAWvS. adopted l)y a majority vote. When the system or f>lan has been adopted and the creation of an indebtedness assented to as aforesaid, the said corporation shall be authorized and empowered to construct and acquire the internal improve- ments contemplated and to create an indebtedness and to issue bonds therefor as hereinafter provided which said in- debtedness and bonds shall not exceed five (5) per cent of the taxable property’ as shown on the last assessment roll of the City or Town made for general municipal purposes; such indebtedness and bonds to be additional to all other outstanding indebtedness of the City or Town created with- in constitutional limits. Skc. 3-— Whenever a City or Town shall be authorized to issue bonds the said bonds shall be issued in denominations of not less than one hundred nor more than one thousand dollars, shall be numbered from one up consecutively, shall bear the date of their issue, shall be payable not more than twenty years from date and shall bear interest not exceeding six per cent per annum, payable semi-annually with interest coupons at- tached and the principal and interest shall be made payable at such place as may be designated. The bonds and each coupon shall be signed by the Mayor and attested by the Clerk under the seal of the City or Town. Skc. 4. —There shall be levied each year a tax upon the taxable prop- erty of such City or Town, as the case may be, sufficient to pay the intere.st on said bonds as the same accrues, and before seven years prior to the maturity thereof an annual sinking fund tax .sufficient for the payment of said bonds at maturity, which taxes shall become due and collectible a.s other taxes. Sec. 5-— Said bonds shall be printed or engraved or lithographed on good bond paper, and a duly authenticated copv of this act, together with the ordinance of the City or Town authoriz- ing and directing such special eljection shall be printed on each bond together with a .statement signed bv the INIayor and Clerk showing the re.sult of said election. Skc. 6.— Such bonds shall be .sold in .such manner a.s the corporate authorities shall deem for the best interests of the City or Town. A regi.ster shall be kept of all bonds which register shall show the number, date, amount, intere.st, name of payee and when and where payable of each and every bond executed, issued or sold under the provisions of this act. GENERAL EAWvS. There being no adequate law in the State 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 therefore, an emergency exists; there- fore, this act shall take effect and be in force from and after its approval by the Governor. Approved, February lo, 1893. This act is identical with the act of March 26, 1890. (Laws 1.889-90, page 520,) as amended by the act of March 9. 1891, (haws 1891, page 326, ) and supersedes the same. ‘An ordinance drawn under this act construed in Seymour v. Tacoma, 6 Wash. 138; Lewis v. Port Angeles, 7 Wash. 190; Moore v. Walla M'alla, 60 Fed. 961. TITLE IX, CHAPTER IX, i HILL’S CODE. OF DEBTS OF CITIES AND ISSUANCE OF BONDS FOR MUNICIPAL PURPOSES. Any City or Town having a corporate existence in this State at the time of the adoption of the constitution thereof is hereby authorized and empowered to borrow money and to contract indebtedne.ss in any other manner for general municipal purposes, not exceeding in amount, together with the exi.sting general indebtedness of such City or Town, one and one-half per centum of the taxable prop- erty in such City or Town, to be ascertained by the la.st assessment for State and County purposes, previous to the incurring of such indebtedness, except that in incorporated Cities the assessment shall be taken from the last assess- ment for Citv purposes, whenever it is deemed advisable to do by the City or Town Council thereof. ^ ^.703. Any such City or Town may borrow money or con- tract indebtedness for strictly municipal purposes over the amount specified in the preceding section, but not exceed- ing in amount, together with the existing general indebted- ness five per centum of the taxable property in .such City or 1 If the liability of a City is incurred while its total liability is within the constitutional limit, the fact that a subsequent valuation places the indebtedness beyond the limit will not invalidate warrants thereafter issued as evidence of such liability. Childs v. Anacortes. 5 Wash. 4.52. 39 Skc. 7. Citi e s an d Towns m a y borrow mon- ey, etc. Increa.sed in- debted ness may be con- tracted, how- 40 GKNKRAL CAWS. Town, to be ascertained as provided in the preceding sec- tion, through the Council of such City or Town, whenever three-fifths of the voters therein assent thereto at an elec- tion to be held for that purposes, at such time, upon such reasonable notice, and in the manner presented by the Citv or Town Council, not inconsistent with the general election laws. 2 I >ic t eased ^704. All}' City or Town described in section seven hun- uHlebtedness dred and two of this volume of general statutes shall, in ad- for water, dition to the power granted in the preceding sections, have iiRht and the power, through its Council to borrow money or to con- sewers , tract indebtedness in an amount not exceeding five per centum of the taxable property in such City or Town, ascer- tained as provided in section seven hundred and two of this volume of general statutes, for the purpose of supplving such City or Town with water, artificial light or sewers, when the plant or plants used for such purposes shall be owned and controlled by the City, whenever three-fifths of voters therein assent thereto at an election to be held for that purpose according to the provisions of section .seven hundred and three of this volume of general statutes. City or Town ^705. Ally City or town of the description of those includ- may fund its ed in section seven hundred and two of this volume of gen- indebtedness. gral statutes may fund its indebtedness at any time in such Existing in- a manner for such time and upon such terms and interest as its Council may deem advisable, provided, that the indebt- edness funded shall not, with all the existing indebtedness, exceed in amount one and one-half per centum of the tax- able property thereof, ascertained as provided in section seven hundred and two of this volume of general statutes, unless such indebtedness shall have been authorized bv the assent of three-fifths of the voters of .such City or Town as hereinbefore ])rovided. ii 7 o 5 . Any indebtedne.ss now owing by anv such Citv or debtedness Town contracted strictly for municipal purposes, whether declared valid the same exceeds the amount which such City or Town was to what ex- , tent. ' authorised to contract under its charter or not, is herebv validated and declared to be a binding obligation upon such City or Town when the only ground of the invalidity of .such 2 A majority of three-fifths means of those who vote, not of tliose who liave a right to vote. Metcalfe v. Seattle, i Wash. 297. Seymour v. Ta- coma, 6 W'ash. 149: Vesler V. Seattle, r Wash. 30S. indebtedness is that it exceeds the atiiQiint authorized by the Charter of such City or Town; provided, that if said in- debtedness exceeds one and one-half per centum, including present indebtedness upon the taxable propert}’ therein, to be ascertained as hereinbefore provided, then such indebt- edness shall not be deemed to be validated by this act till three-fifths of the voters of such City or Town shall assent to the same at an election held for that purpose in the manner provided by section seven hundred and three of this voh;me of general statutes; provided further, that the indebtedness ratified, including all existing indebtedness, shall not exceed in amount five per centum upon the tax- able property in such City or Town, ascertained as hereinbe- fore indicated; and provided further, that this section shall only apply to indebtedness now existing.! i/707. When this act comes in conflict with any provision, limitation or restriction in any local or special law or Char- ter, existing at the time that the constitution of the vState of Washington was adopted, this statute shall govern and control. i/708. Rach and every incorporated City or Town in this State, and each and every City or Town that may hereafter be incorporated in this vState, it hereby authorized and em- powered, by and through its Council to contract indebted- ness or borrow money for strictly municipal purposes on the credit of such corporation and to issue negotiable bonds therefor, whenever the Council of such City or Town deems it advisable, -not exceeding an amount together with the existing indebtedness of such City or Town, of one and one half per centum of the ta.xable property of such City or Town, to be a.scertained by the last assessment for City or Town purposes previous to the incurring of such indebted- ness; provided, however, that such Council shall not create, audit, allow nor permit to accrue any debts or liabilities in excess of such amount except as hereinafter provided. i/709. Whenever the Council of any such City or Town shall deem it advisable that such City or Town of which they are such officers, shall for strictly municipal purpo.ses create an indebtedness or borrow money and issue its negotiable bonds therefor in an amount which taken together with the exist- ing indebtedness of such City or Town, exceeds the amount specified in the preceding section, the Council shall provide Constnictio 11 of statute in case of con- flict. Council alone may contract indebtedness wdien, how and to what limit. Kxcess of in- debt ed n e s s may be con- tracted, when a n d h o w — Klection no- tice — I Mcliryde v. Montesano, 7 Wash. 69. 42 CiKNKRAIv LAWvS Klection how- to be conduct- ed. liallots, form of — Indebtedness imist be in- curred a n d l)onds issued when. Idnii- t a t i o n of amount Pur- pose. therefor by ordinance, which ordinance shall state the ainonnt of such indebtedness so desired to be created, or the amount of money so desired to be borrowed, as the case may be, and the same shall be submitted for the ratification or rejection to the qualified electors of such City or Town at a special election of which fifteen days notice shall be jriven in the paper doin^ the City printing, by publication in each issue of said paper during said time. ^yio. Said election shall be conducted consistent with the general election laws of this vState. If the question sub- mitted at such election be that of creating an indebtedness other than that of borrowing money, the ballots u.sed shall contain in sub.stance the following: “Shall the City of or Town of (as the case may be), for (here state purpose) incur an indebtedness of $ ? Indebtedness Yes. Indebt- edne.ss. No.” The elector .shall .so prepare said ballot by striking therefrom the words “Indebtedness. Yes.” or “Indebtedness. No” so that the remaining portion of said ballot shall express his vote on .said question. If the ques- tion submitted at such election be that of borrowing money and issuing negotiable bonds therefor, the ballots used shall contain in substance the following: “Shall the City of, or Town of, (as the case maybe') for municipal purposes, bor- row $ ■, and issue its negotiable bonds therefor Bonds, yes. Bonds, no.” The elector shall so prepare .said ballot by striking therefrom the words, “Bonds, yes" or “Bonds, no,’’ so that the remaining portion of said ballot shall ex- press his vote on said question. If three-fifths of the legal ballots cast on .said ques- tion of incurring such indebtedness be in favor of “Indebt- edness, yes,’’ the Council of such City or Town must incur such indebtedness in due and legal form. If three-fifths of the legal ballots cast on said question of issuing bonds be in favor of “Bonds, yes,’’ said City or Town shall be deem- ed to be authorized to borrow the amount of money so voted for and issue its negotiable bonds therefor, and it shall be the duty of the Council of such City or Town .so to do; .sub- ject, however, to the condition that the total indebted- ness herein provided for shall not exceed in amount, to- gether with the exi.sting indebtedne.ss of .such City or Town, five per centum of the taxable property of such Cit}’ or Town, to be ascertained by the la.st a.sse.s.snient of .such City or Town for City or Town purpo.ses, previous to the in- curring of such indebtedne.ss; and provided further, that no gp:nkral laws. 43 portion of the money by this act authorized to be borrowed shall ever be used for other than strictly municipal pur- poses. iJyi2. All bonds whether issued by authority of the Coun- cil alone as in section seven hundred and eight of this volume of general statutes, such Council is empowered to do, to the amount therein provided, or issued in pursuance of the special election herein provided for, shall be issued in denominations of not less than one hundred or more than one thousand dollars; shall be numbered from one up con- secutively; shall bear the date of their issue; shall be pay- able not more than twenty years from date and shall bear interest not exceeding six per cent per annum, payable semi- annually with interest coupons attached, and the principal and interest shall be payable at such place as may be designated in said bonds. The bonds and each coupon shall be signed by the Mayor and attested by the Clerk under the seal of the City or Town. ^713. Said bonds shall be printed or engraved or litho- graphed on good bond paper, and a copy of this act together with the ordinance of the City or Town authorizing and directing such special election, when such bonds are issued in pursuance of an election, shall be printed on each bond, together with a statement signed by the Mayor and Clerk of such City or Town showing the result of such election; provided, that where bonds are issued by the Council pur- suant to section one of this act and without an election a copy of this act, together with the ordinance authorizing the borrowing of such money and the issuing of such bonds, shall be printed on each bond; which ordinance shall con- tain a .statement .showing the asse.ssed valuation of all the taxable property of such City or Town, to be ascertained l)v the last assessment for City or Town purposes previous to the date of the passage of such ordinance, together with the amount of the existing indebtedness of such City or Town at the date of the passage of such ordinance, which indebt- edness shall include the amount for which such bonds are is.sued, and akso a statement signed by the Mayor and Clerk of .such City or Town showing that such ordinance was passed bv the votes of at least four Councilmen, and also the date of the approval and publication ef such ordinance. 1 I Bonds .shall be signed y)v officer.s in office when time arrives for execution, though the bonds bear date prior to his entry into office. Ye.sler v. Seattle, i Wash. 308. Bond s. A- niounts, d e- nomination s intere.st, sign- atures, etc. Bonds, h o w to be prepar- ed and print- ed 44 GENERAL LAWS. Honds, li o v\- to })e sold. Keffister of— must l)e kept a n d s h o w what. Honds. I.evy of annual ta.\ to pay inter- est on. Remedy of bond-hol d e r where (Coun- cil fail to levy tax for pay- ment. ^714. vSuch bonds shall be sold in such manner as the cor- porate authorties shall deem for the best interest of the City or Town. The Treasurer of such City or Town shall keep a register of all bonds, which register shall show the number, date, amount, interest, name of payee, and when and where payable of each and every bond e.Kecuted, issued or sold under the provisions of this act. ^715. There shall be levied each year upon the taxable property of such City or Town, as the case may be, in addi- tion to the tax for other purposes in said City or Town, a tax sufficient to pay the interest on such bonds as the same accrues and before seven years prior to the maturity there- of, an annual sinking fund tax sufficient for the payment of said bonds at maturity, which taxes shall become due and collectible as other taxes. i/716. If the Council of any City or Town which has is.sued bonds under the provisions of this act shall fail, neglect or refuse to make the levy necessary' to pa}' such bonds and interest coupons at maturity, and the same shall have been presented to the treasurer of .such City or Town and pav- ment thereof refused because of such failure, neglect or re- fusal to make such levy, the owner may file such bond to- gether with all unpaid coupons with the Auditor of the County in which such Citv or Town is situated, taking his receipt therefor, and the same shall be registered in the Auditor’s office of such County, in like manner and form as the .same was originally registered by the Treasurer of the Citv or Town i.ssuing the same; and the County Commis- sioners of such County shall, at their next session thereafter at which they shall levy the annual County tax and each annual levy thereafter, add to the County tax to be levied in said City or Town a sufficient rate to realize the amount of principal and interest past due. and to become due prior to the next annual levy, and the same shall be collected as part of the County tax and paid into the County treasury and passed to the credit of such City as a bond tax and shall be paid by the Treasurer of the said County, on warrants drawn by the County Auditor as the payments mature, to the holder of such bond as shown by the register of the Countv Auditor, until the same shall be fully satisfied and discharged; provided, that nothing in this section shall be 45 GENERAL LAWLS. construed to limit or postpone the right of any holder of any such bonds to resort to any other remedy which such holder might otherwise have. ^717. The provisions of this act shall not be construed as applying to borrowing money and issuing bonds by any City or Town for the purpose of supplying such City or Town with water, artificial light and sewers, or either, or both or all such water works, artificial light or sewers, where the works for supplying such water, light and sewers, shall be owned and controlled by such City or Town, but in all things relating to such named purposes the provisions and- amendments thereto of an act entitled, “An act authorizing Cities and Towns to construct internal improvements and to issue bonds to pay therefor, and declaring an emergency,” which said act was approved, March twenty-sixth, eighteen hundred and ninety, shall be and remain in full force and effect. i;7i8. The provisions of this act shall not be comstrued as in anv manner applying to Cities of the first class. ^719. Any City or Town now having a corporate existence in this vState may ratify in the manner prescribed in this act, the attempted incurring of any indebtedness of such City or town bv the issuing of warrants, making of contracts or the creation of other evidences of indebtedness on the part of such Citv or Town by the corporate authorties thereof, at any time prior to the passage of this act, when the only ground of the invalidity of such indebtedness so to be rati- fied is that at the time of such attempted incurring thereof, the same, together with all other then existing indebted- ness of such City or Town, exceeded one and one-half per centum of the taxable property in such City or Town as- certained by the last assessment for City or Town purposes, previous to the attempted incurring of such indebtedness, and that such indebtedness was so attempted to be incurred without the assent of three-fifths of the voters therein vot- ing at an election held for that purpose. Trovisions of this act. How to be con- strued. Same. .Shall not apply to Cities of first- class. M u n i c i i> a 1 corporation s may ra t i f y attempted in- curring ot in- debted n e s s, when 46 GENERAL LAWvS, Ratification ^720. Whenever the City Council or other legislative body of attempted of any such City or Town shall deem it advisable that the incun iiiK of ratification authorized by this act shall be obtained, the cor- poration shall j3rovide therefor by ordinance which shall specify separately the amount of each distinct class of in- debtedness so as to be ratified, the date or period of the at- tempted incurring by the corporate authorities of each separate class thereof, and the general nature of the indebt- edness comprised in each such distinct class and shall provide for the holding of an election for that purpose of which thirty days notice to be provided for in such ordinance, shall be given in the official newspaper or newspapers of such City or Town, at which the attempted incurring of such indebtedness shall be submitted to the voters of such City or Town for ratification or disapproval. 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 re- ferred to by the description thereof used and the amount specified in the ordinance. indebttdnes.s ^721. If at ail election held as provided for in section seven becomes valid hundred and twenty of this volume of general statutes, and binding, three-fifths of the voters in such Cit}" or Town voting at obligation, sucli election shall vote ill favor of the ratification of any wiien - distinct class of such indebtedness specified in the ordinance providing for such election then such indebtedness so ratified, shall thereby become and is hereby declared to be validated and a binding obligation upon such 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 City or Town exceeded one and one-half per centum of the taxable property in such City or Town, ascertained by the last previous assessment for City or Town purposes; provided, that neither anything in this act contained, nor the vote ca.st at any such election shall be deemed to vali- date or authorize any indebtedness which, together with all other indebtedness of such 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 City or Town voting at an election to be held for that pur- pose, and provided further, that this act shall apply only 47 GKNKRAL LAWS. to indel)tediiess attempted to be incurred prior to the pass- age hereof.^ >^722. At any election which may be held in any City or Town in this State in accordance with the constitution and laws thereof, for the purpose of voting upon the question of ratifying any indebtedness of such City or Town, thereto- fore attempted to be incurred by such City or Town, such City or Town may submit to the voters thereof, any proposi- tion to fund such indebtedness so sought to be ratified, or any existing indebtedness of such City or Town, or both. The proposition to ratify such indebtedness and the prop^o- sition to fund the same may be submitted to the voters in such City or Town by the corporate authorities thereof in the same, or in separate ordinances, as may be required or permitted bv law; but the proposition to fund shall be the subject of a distinct vote in favor of or against the same, separate from the vote upon the proposition to ratify, and separate from the vote upon a proposition to fund any part of such indebtedness as to which a proposition to ratify is not submitted. >^723. If at any such election any such indebtedness so proposed to be ratified shall be validated in accordance with the requirements of the Constitution and statutes of this vState, any vote cast at such election in accordance with the requirements of section seven hundred and twenty-two of this volume of general statutes, upon a proposition to fund said indebtedness so validiated by the issuing of bonds therefor, shall have the same effect as an assent to or dis- sent from the funding of such indebtedness, as if such in- debtedness had been validated previously to the passage of the ordinance submitting such proposition to fund the sanie.^ I March 7, 1891. 2 The foregoing act held constitutional and its various .sections fully discussed in Baker v. Seattle, '2 Wash., 576. Bunding o r ratifying debt. Qu e s- tiou of, how may be .sub- mitted. BCffect of vote upon proposi- tion to fund validated iti- debtedness. 1 4S Hoiids in a y be refnndeay interest on bonds. How bonds shall be printed and endorsed. Sale of bonds and applica- tion of pro- ceed.s. CrKNERAI. EAWvS. TITLE L, CHAPTER III, i HIIJTvS CODE, p. 916. OK BONDS TO RICFUND I N DKHTlCDN KSS. ^2691. All bonds lieretofore issued by any County or City may be refunded in the discretion of the County Commis- sioners of the Count}’ or Common Council of the City, in the manner hereinafter provided, whenever there is not sufficient money in the treasury of such County or City to pay such bonds and legally applicable thereto. ^^2692 Said bonds shall be in denominations of not less than one hundred nor more than one thousand dollars, shall be nund^ered from one up consecutively, shall bear the date of their issue, shall be made payable not more than twenty years from date and shall l)ear interest at a rate not exceeding seven per cent per annum, payable semi-annually, with in- terest coupons attached, and the principal and interest shall be made pa\ able at such place as may be de.signated. The bonds and each coupon shall be signed by the Chairman of the board of County Commissioners, and attested by the Clerk under the seal of the Commissioners, or, in case of Cities, by the Mayor, amf attested by the City Clerk under the seal of the City, ^2693. There shall be levied each year a tax upon the tax- able property of such County or City, as the case may be, sufficient to pay the intere.st on said bonds as the same ac- crues, and before five years prior to the maturity thereof, an annual .sinking fund tax sufficient for the payment of .said bonds at maturity, which taxes shall l)econie due and collectible as other taxes. ^2694. vSaid l)onds shall be printed or engraved or litho- graphed on good bond paper, and a duly authenticated copy of this act, together with the resolution of the board of County Commissioners or Common Council of the City au- thorizing and directing the issuance of the .same, shall be printed on the back of each bond. 'i^2695. The bonds issued under and by virtue of this chapter shall not be .sold or exchanged at less than their par value, and all moneys derived from the sale of such bonds shall be immediately applied to the redemption of outstanding bonds, so far as such moneys can be applied, and after such outstanding bond shall have been so refunded, they shall be so endorsed in red ink with the words “ Refunded bond,” GENERAL LA\\\S. 49 and filed and preserved for one year, and shall then be des- troyed in the presence of witnesses, and the Clerk, the Coniniissioners or City shall keep a record of such bonds .so refunded, and shall note therein the date of the refunding- and destruction of the same, and in whose presence they were destroyed. ■^2696. A register shall be kept of all bonds, which register Bond register shall show the number, date, amount, interest, name of to 1>e kept pavee, and when and where payable, of each and every bond aiift to show executed. issued or sold under the provisions of this chapter, what- CH AFTER XCVI, LAWvS 1893, p. 231. BOND.S TO BE 1S.SUE1) FOR IXTKKXAE IMPROVEMENTS IN CITIPkS AND TOWNS, An Act relating to internal improvements in Cities, author- izing the issuance and collection of bonds upon the property benefited by local improvements, and declar- ing an emergency. Be it enacted by the Ley^islature of the State of H ash/nyton: Spxtion I. That whenever the Mayor and Council of any City shall, under authority vested in them by any law of this State and the charter of .such City, cause any street, avenue or alleys in such City to be graded, curbed, guttered, paved, repaired, or macadamized or re-macadamized, plank- ed or re-planked, or any sewer to be constructed or make any other local improvements, the expense of which is chargeable to the abutting, adjoining, contiguous or approxi- mate property, they may, in their discretion, provide for Provision for the payment of the cost and expen.se tliereof by install- payment of ments, instead of levying the entire tax of special assess- expenses in inents for such costs at one time, and for such i install ments installments, they may issue in the name of the City improvement bonds of the district, which shall include the adjoining, contigu- ous and approximate property liable to asses.sment for such local improvement according to the City charter, pay^able in installments of equal amounts each y^ear, none of which bonds nor any of the installments thereof shall run longer than ten vears nor bear interest exceeding nine per centum GKNERAIv EAWvS. 5 <> Bonds may be issued to contractor or sold. A in o n n t of bonds issued. A.sse.ssments levied a n d collected, how — Basi.s of as- sessment. flow proper- ty may be re- deemed from a.sses s m e n t charge. per annum Such bonds may be issued to the contractor constructing the improvement in payment thereof, or the Mayor or Council, or by charter and ordinance of said City, other authorized officer or officers of said City may sell the same at not less than their par value net, and pay the pro- ceeds thereof to the contractor. Such bonds shall not be is- sued in amount in excess of the contract price of the work and improvement, except that the installment coupons shall include the intere.st on such installments to the maturity thereof. The bonds shall be of .such denominations as the IVIayor and Council shall deem proper. Where district bonds are i.ssued under this act for improvements, the cost of which is by law charged by special assessment against specific property, the Mayor and Council, or other author- ized officer, board or body, shall levy special assessments each year sufficient to redeem the installments of .such bonds next thereafter maturing, but in computing the amount of .special assessment to be levied against each piece of prop- erty liable therefor, interest thereon at a rate not exceeding nine per centum per annum from the date of the issuance of said bonds until the maturity of the installment of bonds next thereafter maturing. Such assessments .shall be made upon the property chargeable for the cost of such improve- ments respectively, and shall be levied and collected in the same manner as may be provided by law and the charter and ordinance of such City for the levy and collection of special assessments for such improvements where no bonds are issued except as otherwise provided by this act But the basis of such assessment, whether upon assessed valua- tion. frontage or otherwise liable for such costs shall be re- tained for the assessment of succeeding installments of said bonds. The owner of any piece of property liable to anv such special as.sessment may redeem his property from such liability by paying the entire assessment chargeable against his property, (upon the City Clerk mailing him a written or printed notice ) thirty days before the issuance of the bond.s, or after the i.s.suance of the bonds, by paying- all the installments of the assessments which have been levied and also the amount of unlevied install- ments with interest on the latter at the rate of eight per centum per annum, from the date of the issuance of the bonds to the time of maturity of the last installmeut. In all cases where installments of assessments not yet levied and paid as above provided, whether before or after the issuance GENERAL LAWvS 5 of the bonds, the same shall be paid to the City Treasurer, who shall receipt therefor and all sums so paid shall be applied solely to the payment of such improvements or the redemp- tion of the bonds issued therefor. Where any piece of property has been redeemed from liability for the cost of any improvement as herein provided, such property shall not thereafter he liable for further special assessment for the cost of such improvement, except as hereinafter provid- ed. No suit to set aside the said special assessment or to enjoin the making of the same shall be brought nor any de- fense to the validity Thereof be allowed after the expiration of thirty days from the time the amount due on each lot or piece of ground liable for such assessment is ascertained and confirmed by the Council. The funds raised by such assessments shall be applied solely towards the redemption of said bonds. Sec. 2. Such bonds when issued to the contractor con- structing the improvement in payment therefor, or when sold as above provided, shall transfer to the contractor or other owner or holder all the right and interest of such City in and with the respect to every such assessment, and the lien thereby created against the property of such owners as- sessed as shall not have availed themselves of the provisions of this act in regard to the redemption of their property as aforesaid, shall authorize said contractor and his assigns, and the owners ana holders of said bonds to receive, sue for and collect or have collected every such assessment em- braced in such bond by or through any of the methods pro- vided bv law for the collection of assessments for local :ni- provenients. And if the City shall fail, neglect of refuse to pay said bonds, or to promptly collect any of such assess- ments when due, the owner of any such bonds may proceed in his own name to collect such assessment and foreclose the lien thereof in any court of competent jurisdiction, and shall recover in addition to the amount of such bonds and interest thereon at five per centum, together with the costs of such suit. Any number of holders of such bonds for any single improvement may join as plaintiffs, and any number of owners of the property on which the same are alien may be joined as defendants in such suit. • And such bonds shall be equal liens upon the property for the assessments repre- sented by such bonds without priority of one over another to the extent of the several assessments against the several lots and parcels of land. Suit to e n- joiii or set a side niaj' not 1) e broiig h t after thirty days. bonds issued to contractor t r a 11 s f e r City’s lien-oii tile property. Foreclo su r e of lien. 52 GENERAL LAWvS. Council may re-assess. Kemedy for non-payment of bonds con- fined to e 11- forcement of assessments . Skc. 3. That in all cases of special assessment for local improvements of any kind against any property, persons, or corporations whatsoever wherein said assessments have failed to be valid in whole or part for want of form or in- sufficiency, informality or irregularity or non-conformance with the charter, provisions or law governing such assess- ments, the City Council or other authorized board or body shall be and they are hereby authorized to re-assess such special taxes or assessments, and to enforce their collection in accordance with the provisions of law existing at the time the re-assessment is made. And it is further provided, that w'henever, for any cause, mistake or inadvertence the amount assessed shall not be sufficient to pay the cost of the improvement made and enjoyed by owners of property in the local assessment district where the same is made, that it shall be lawful and the City Council or other authorized board or body is hereby directed and authorized to make re-assessments on all the property in said local as- sessment district sufficient to pay forsuch improvement. such re-assessment to be made and collected in accordance with the provisions of the law or ordinance existing at the time of its levy. Sec. 4. That nothing herein shall be construed as repeal- ing or modifying any existing manner and method for Cities of the first-class to make improvements as herein provided for, but shall be construed as an additional and concurrent power and authority. Any City whose charter provides for the issuance of bonds for local improvements payable onh- from the proceeds of special as.sessnients. is hereby authoriz- ed to issue such bonds in the manner and with the effect provided in such charter, and the holder of any such bond shall look only to the fund provided by such assessment for the principal or interest of such bond. vSkc. 5. The holder of any bond issued under the author- ity of this act .shall have no claim therefor agaimst the City by which the same was issued in any event except from the collections of the special assessments made for the improve- ment for which such bond was issued, but his remedy in case of no payment, .shall be confined to the enforcements of such assessments. A copy of this section shall be plainly written, printed or engraved on the face of each bond so issued. 53 GENKRAL EAWvS. Sec. 6. Whereas there is no law providing for the estab- Emergency lishinent of local improvement districts in the Cities of this State and whereas the establishment of such districts is es- sential to the interests of such Cities; therefore an emergency is herebv declared to exist and this law shall take effect anc be in force from and after its passage and approval.l Approved March 9, 1S93. F u u d i u g- bonds, when and how sned. is- CHAPTKR CLXX, LAWS 1895, p. 465- .^r»Fv'I'IKS CITIF' AND TOWNS TO ISSUE AUTHORIZING COUMIES, Ciiin.- a- ^ bonds to fund outstanding INDEBTEDNESS. ACT to authorize Counties, Cities and Towns to issiie bonds to fund their outstanding inde))tedness, and to provide for the levy and collection of a specific ta-c to pay the principal and interest on such bonds and de daring an emergency Be it enacted by the Leghlature of the State of I Vashmgton : SECTION I, That any County, City or Town in the State of Washington, which now has or may hereafter have an out- standing indebtedness evidenced by warrants or bonds, whether issued originally within the limitations of the con- stitution of this State or of any law thereof, orwhethei such outstandiiur indebtedness has been or may hereafter be vali- dated or legalized in the manner prescribed by law, niay by its corporate authorities provide by ordinance or resolution for the issuance of funding bonds with which to take up and cancel such outstanding indebtedness in the manner here- inafter described. Provided, however, that nothing in this act shall be so construed as to prevent any such Coun ty . City or Town from funding its indebtedness as now providec by law. Sfc 2 Funding bonds autliori/.ed to be issued by this i.oncLs, de act stll he in denominations of not less Uiaii one hundred ..oimnatio.. dollars, nopmore than one thousand dollarsandshaUbe sig - ed bv the following corporate anthorties: When issuer , a County, the Chairman of the Board of County Commis- sioners, countersigned by the County Treasurer and attest- , This act construed and Held valid, C.ermoml v. Tacoma. 6 Wash, ,l6,s. 54 GKNRRAL RAWS, ed l)v the County Auditor, who shall affix his official seal- when issued by a City or Town by its Mayor, countersigned by its Treasurer and attested by its Clerk who shall affix his official seal. They shall bear interest at a rate not to interest. exceed seven per centum per annum payable semi-annually which interest shall be evidenced by proper coupons at- Honds, man- taclied to each bond. Such corporate authorities shall bv nerof,ss„i„K ordinance or resolution provide for the manner of issnin'o and form of rhe form of said bonds, and the time or times when the same shall be made payable; but no bonds issued under this act shall be issued for a longer period than twenty years, and when they shall be made payable at different periods within said twenty years, they shall be divided into series not to exceed twenty in number, but there .shall be as many series as there are different times of payment and all bonds included in each series shall be made pavable at the Bond.s,wliere same time. The principal and interest may be made pay- payable. able at any place in the United States designated bv the corporate authorities of such County, City or Town. Such bonds shall not be issued to an aggregate amount in excess of the warrants or other outstanding indebtedness proposed to be funded thereby They may be exchanged at not less Uian their par value for such warrants or other outstanding indebtedness or may be sold at not less than their par value, and the proceeds used exclusively for the purpose of retir- ing and cancelling such warrants and interest thereon or other indebtedness. Provideil, that nothing in this act con- tained shall be deemed to authorize the issuing of any fund- ing bonds, which, other than proposed to be funded* under the provisions of this act, shall exceed any constitutional limitation of indebtedness or any indebtednes which might be incurred with the assent of three-fifths of the voters of .such County. City or Town voting at an election to be held for that purpose. Notice of Skc. before any bonds .shall be issued under the pro- bond issue visions of this act. such corporate authorities shall cause a piibii.shed. notice of the proposed issuance of such bonds to be given b\'^ publication in a daily or weekly newspaper of general circulation, published in the County proposing to issue such bonds or in which County .such City or Town is situat- Notice to ed, at least once a wee>t for four consecutive weeks. Such contain what notice shall state for what purpose and the total amount for which it is so proposed to issue bonds, and if to be divided into .series, then into how many .series the same are to be GENERAL LAWS. 55 divided and the amount of and period for which each series is to run, also the hour and day for considering bids for such bonds and asking bidders to name the price and rate of interest at which they will purchase such bonds, and if such bonds are to be divided into series, then to name such price and rate for each series of such bonds separately; and at the time named in such notice it shall be the duty of the w h e u corporate authorities to meet with the Treasurer of the and where County, City or Town proposing to issue such bonds, at his opened, office and with him open said bids, and shall sell said bonds to the person or persons making the most advantageous offer therefor; Provided, however, that said bonds shall never be sold or disposed of below par. and such corporate authori- ties shall have the right to reject any and all bids, and if all such bids shall be rejected, such corporate authorities shall proceed to advertise readvertise the sale of said bonds in the manner herein provided. SRC. 4. The corporate authorities of any such County, Revy how City or Town shall provide annually by ordinance or resolu- provided for tion for the levy and extension on the tax rolls of such County, City or Town and for the collection thereof of a direct an- nual tax in addition to all other County, City or Town taxes to be levied according to law, which shall be sufficient to meet the interest on all of said bonds promptly as the same matures, and also sufficient to fully pay each series of bonds as the same matures; Provided, that such ordinance or leso- lution shall not be repealed until the levy therein provided for shall be fully paid or the bonds both principal and in- terest shall be paid or canceled Skc. 5. The Treasurer shall keep a register of the bonds Treasurer to issued under the provisions of this act wherein he shall en- ' e „ ist er ter the series of each bond, its number, date of issuance, bonds issued . amount, date of maturity, name of postoffice address of pur- , chaser and date of cancellation. Skc. 6. The words “corporate authorities’ ’ used in this Ro r p o r a t e act, shall be held to mean the County Commissioners, Com- authorities mou Council or other managing body of any County, City defined. or Town. Skc. 7. Whereas an emergency exists for the immediate effect of this law; therefore this act shall take effect im- mediately. Approved March 22, 1895 56 GKNKRAI. LAWS. Anticipated revenue. Deficiency re ported 1)3' treasurer. Xotice.s. ^ RR CXVI, LAW S 1895, p. 297. TICMI'OKARV KUXDS for CURRICNT KXPKX.SJv.S of coun- tif:s, crTrE.s, ktc. Ax Act to authorize Countie.s, Cities, Towns and school districts to provide temporary funds for current ex- ])enses, in anticipation of revenue. Be it enacted by the Let^islature of the State of I Tash/nifton: Sfxtiox I. That any County, City, Town or school district in this State may borrow money or issue warrants in anticipation of its revenue, to meet its current general expenses, as hereinafter provided; provided, however, that no County, City, Town or school district now or hereafter having an outstanding warrant or floating indebtedness, not funded, shall be permitted to take advantage of the pro- visions of this act until .said indebtedness shall be paid, funded, canceled or exchanged (as provided in .section 6 of this act.) or otherwise paid. Skc. 2 . That whenever any tax shall have been actuall v levied, and it shall appear to the Treasurer of any such County, City, Town or school district that there are no funds in his hands, as such Treasurer, with which to meet the current general expenses of such County, City, Town or school district for which such tax has been levied, he shall report such fact to the board of County Commis.'sioners, the Common (.ouncil, the board of trustees, or education, or other managing body of such County, City, Town or school district, and if in the opinion of a majority of said board, council or other managing body, it is necessarv to provide temporary funds for such purposes, such necessitv shall be declared by proper order, ordinance or resolution, specifv- ing the amount of such propo.sed loan or loans, and shall give notice of such proposed loan or loans, by publication once a week for two consecutive weeks in some newspaper of general circulation in the County, calling for bids for such loan or loans, to be submitted within five davs from the last publication of such notice, and shall award the same to such bidder as .shall offer the low'est rate of interest and the most satisfactory terms, and thereupon the Treas- urer shall be authorized, and it shall be his dutv to proceed to make such loan or loans in the manner and according to the terms of such order, ordinance or resoultion and award; GKNHRAIv LAWS. 57 provided, however, that the notes or warrants authorized to be issued under the provisions of this act shall not be dis- counted or disposed of for less than the par value thereof. Sec. 3. Whenever such temporary loan or loans shall Temporary be made, as provided in the foregoing section, and the total indebtedness of such County, City, Town or school district, including such proposed loan or loans, shall not exceed any constitutional or statutory limitation of indebtedness, a note or notes shall be issued and signed, as provided in this sec- tion. such note or notes to be in denominations of not less than one hundred dollars and not more than one thousand dollars, aud shall draw interest at not to exceed eight per centum per annum, and shall be payable within a period not to exceed one year; provided, however, that if any such note or notes shall not be paid at maturity the same may be renewed for such further period, or periods, as shall be necessarv. All notes issued under the provisions of this section shall be substantially in the following form; TEMPORARY EO.\X. (Insert name of municipality), .State of Washington. $ (insert amount). Loan No. (insert No). (Insert name of place, ) Washington, (insert date). For value received (insert time of payment) after date, the Treasurer of the (insert name of County, City, Town or school district) will payout of any delinquent or anticipated revenues from all sources, when collected, to the order of (insert name of payee) the sum of (insert amount) dollars, lawful money of the United States, with interest from date at the rate of (insert rate) per centum per annum. Countersignature: (Signature and title of officer). (Title of countersigning officer). Attest: (Seal, if any). (Attestation and title of attesting officer). Sec. 4. Whenever the indebtedness of any such County, Uimtatiou City, Town or school district shall have reached the limita- exceeded, tion or limitations prescribed by the Constitution or general laws of this State, note or notes issued for the purpose of this act shall be in denominations of not less than one hundred dollars and not more than one thousand dollars, and shall draw interest at not to exceed eight per centum (iKNKRAL RAWS per annum, and shall be payable within a period not to ex- ceed one year, and shall be substantial! v in the followintr form ; tkmpokaky i.oan. ( Insert name of municipality, ) State of Washington. $ (insert amount). j^oan No. (insert No). (Insert name of place,) Washington, (in.sert date). For value received (insert time of payment) after date, the Treasurer of the (insert name of County, City, Town or school district) will pay out of any delinquent or antici- pated revenues of said (insert name of County, City, Town or .school di.strict) for the year (insert year of levy,) when collected, to the order of (insert name of payee) the sum of (in.sert amount) dollars, lawful money of the United States, with interest from date at the rate of ( insert rate ) per centum per annum. This note shall not be construed to be a debt or obliga- tion of the (insert name of County, City, Town or school di.strict). It is secured by an as.signnient of sufficient of the revenues of said (insert name of County, City, Town or school district) to be received under and by virtue of the tax levy for the year (insert year of levy,) and payment hereof is restricted to such revenues, and the Treasurer is authorized and directed to set aside and reserve such reve- nues. when collected, or so much thereof as shall be neces- sary for the payment thereof at maturity. This note is issued under and is within all the limitations prescribed by and is payable in the manner specified in an act entitled (insert title of this act,) approved (in.sert date of approval of this act ). Countersignature: (Signature and title of officer). (Title of countersigning officer). Attest: (Seal, if any), (.\ttestation and title of attesting officer). Provided, however, that if any such note or notes shall not be paid at maturity, the same may be renewed for such period or periods as shall be necessary; provided further, that in no case when the total amount of taxes paid in on any levy, together with all outstanding loans, or warrants issued against said levy, shall be equal to seventy-five per centum of .said levy, shall it be lawful to make any addi- GENEKAl. EAWvS. 59 lional loan or loans, but in such case warrants may be issued as hereinafter provided; and provided also, that it shall not be lawful to make any temporary loan or loans, nor to issue any w^arrants against said levy during any one month when the total amount of outstanding loans and warrants made and issued against said levy during said month (exclusive of warrants issued for interest payments and outstanding- loans maturing during said month) shall be equal to one- eighth of the total amount of such levy. Sec. 5. Whenever any such County, City. Town or Warrants to school district shall have reached its limit of indebtedness contain, what, as specified in the preceding section, and shall desire to issue warrants, such warrants shall be in manner and form as now required by law, except that each shall contain a clause de- claring that the same is not a debt or obligation of such Countv, City, Town or school district, and distinctly limit- ing the payment thereof, and the payment of interest accru- ing thereon, to the revenues to be derived from the levy then actually made, and against which the same is drawn; and in case any such warrant shall be presented for pay- ment and there shall be no funds on hand with which to pay the same, it shall be indorsed, “ Presented for payment and not paid for want of funds.” together with the date of presentation, and shall thereafter draw interest at the legal rate, but such indorsement .shall in no case operate to make such warrant a debt or obligation of said County, City, Town or school district, or in any manner extend the pay- ment thereof to any revenue or revenues than that or those against which the same was originally drawn Sec, 6. That when any warrants shall have been is- irea.surerau sued, as now provided by law, or as provided in this act, thorized to and shall be outstanding and not called for payment, and borrow, when the board, council or other managing body of any County, City, Town or school district shall deem it necessary or ad- visable to cancel or exchange the same, and. there shall be no funds on hand with which to effect such cancellation, then, in such case, .said board, council or other managing body shall, by a majority vote, duly authorize the Treasurer to make a temporary loan or loans in the manner hereinbe- fore provided with which to take up and cancel such war- rants, or may cause to be issued, in the manner hereinbe- fore provided, note or notes in exchange therefor; but in all cases, before anv such note or notes shall be i.s.sued, said gp:nkral IvAWvS. 6o I’\il)lishfd no- tice. Ke.serve fund. Warraut.s, payment of. Xote.s, signed by wlioni. Treasurer shall publish a notice calling for the warrants it is proposed to .so cancel or exchange, said notice to be so pub- lished once a week for two consecutive weeks in some news- paper of general circulation in the County; and interest on .such warrants shall cea.se ten days after the date of the last jmblication of such notice ( if said warrants are not sooner presented ; ) and when warrants aggregating an amount not less than five hundred dollars shall be so pre- .sented a note or notes may be issued in exchange therefor, or with which to obtain funds to cancel the same. Sec. 7. That in all cases where any temporary loan or loans shall have been made and any note or notes shall have been issued as provided in this act, it shall be the duty of the Trea.surer of such County, City, Town or school di.strict, to set aside and reserve out of all revenues, when collected, an amount sufficient to meet the payment of such note or notes at maturity’, and said revenues so set aside and re- served shall not be diverted to any other purpose' so long as such loan or loans shall remain outstanding and unpaid; provided, that when any temporary loan or loans shall have been made, as provided in section four of this act, and any note or notes shall have been issued as therein pro- vided, or when any warrant shall have been issued as pro- vided in section five of this act, then, and in such case, such Treasurer shall set aside, and reserve when collected for the pay’inent of such note or notes, or warrants, only such revenues as shall be derived from the lew against which said note or notes, or warrant, is drawn, and .such revenues shall not be diverted to any’ other purpose so long as such note or notes, or warrants, shall remain outstanding and unpaid; provided, that when any such Treasurer may have five hundred dollars on hand applicable to the payment of any such warrants, he shall publish a call for such warrants in the manner pre.scribed in section six of this act, and shall redeem the same in the order of their issuance; pro- vided, however, that no such warrants .shall be paid while any note or notes i.s.sued against said levy under the pro- visions of .section four of this act remains outstanding and unpaid, unle.ss there shall be funds on hand with which to pay such note or notes at maturity. Skc. 8 . All notes issued under the provisions of this act shall be signed by the following officers before the. same shall be delivered to the purcha.ser : When issued by a (;knkral laWvS. 6i Countv, the chairman of the board of County Coniinission- ers, countersigned by the Countv Treasurer and attested by the County Auditor, who shall affix thereto his official seal; when issued by a City or Town, by its Mayor, countersigned by its Treasurer (and Comptroller, if any,) and attested by its Clerk, who shall affix thereto its corporate seal; when issued by a school district, by the chairman of its board of education or directors, countersigned by the County Treas- urer and attested by the Clerk of said district, who shall affix thereto his official seal, if he have any. Sec. 9. The Treasurer of such County, City, Town or to be school district shall keep separate registers of all notes and registered, of all warrants issued under the provisions of this act. The register of notes shall at least contain the number of each note, date when issued, to whom issued, where payable, rate of interest, when payable, whether issued generally against such revenue or specially against a specific tax levy, date when paid or renewed, to whom paid or renewed, and shall be kept substantially according to the following form; register of notp:s. M i 5 1 ^ Such register of warrants shall at least contain the number of such warrant, date when issued, to whom issued, the tax levy agaimst which it is issued, when presented or indorsed, amount, date called for redemption, when paid, amount paid, to whom paid, whether cancledor exchanged bv the issuance of notes, and shall be kept substantially in the following form: 62 GKNERAL LAWvS. Interest not conipminded. IRRGISTER OF SPRCIAR WARRANTS. !Ino. i When issued . | To whom issued Where payable 1 t 1 Rate of interest 2 fo » c; Amount issued generally against revenue Amount issued against tax levy for year Date paid j or renewed ... 1 ( n > Si Amount renewed To whom paid or renewed 1 1 1 Skc. 10. Whenever any note or notes .shall have been issued according to the provisions of this act, and shall be- come due and payable, and there shall be no funds on hand with which to pa}^ the same, or an}’ interest thereon, and it shall be deemed de.sirable to renew .said note or notes, as provided in this act, the interest due upon said note or notes shall not be included in the sum for which said note or notes shall be renewed, but warrant or warrants may be issued therefor; and said warrant or warrants shall be non- interest bearing, and shall so .state upon their face, and shall be paid only when there shall be .sufficient funds on hand, received from the revenues again.st which the original note*or notes was is.sued. Sec. II. This act shall not be construed to prevent an V County, City, Town or school district from issuing warrants, as heretofore provided by law, but it shall be optional with such County, City, Town or school district to issue such warrant, or issue warrants or make temporary loans, as provided by this act. Approved March 20, 1895. I In enrolling tlii.s law the enrolliug clerk inserted the wrong head- ing for warrant register. The proper heading i.s inserted in brackets. GENERAL LAWS 63 EL[CTION LAWS APPLICABLE TO CITY ELECTIONS, All male persons of the age of twenty-one years or over, yualification possessing the following qualifications, shall be entitled to of electors, vote at all elections. They shall be citizens of the United States, they shall have lived in the State one year, and in the County ninety days, and in the City, Town, Ward or Precinct thirty days immediately preceding the election at which they offer to vote: Provided, that Indians not taxed shall never be allowed the elective franchise: Provided fur- ther, that all male persons who at the time of the adoption of this constitution are qualified electors of the Territory, shall be electors. (Sec. i. Art. VI, Constitution.) All ballots cast at elections for public officers within this ^’allois to be State (except school and irrigation district officers and road printed and overseers), shall be printed and di.stributed at public ex- distributed at pense as hereinafter provided. The printing of ballots public e x- and cards of in.struction for the electors in each Countv, and pense the delivery of the .same to the election officers, as herein- after provided, shall be a Count}^ charge, the payment of which shall be provided for in the same manner as the pay- ment of other County expenses; but the expense of print- ing and delivering the ballots shall, in the case of muni- cipal elections, be a charge upon the City or Town in which such election shall be held. (Sec. 363, Code.) Any convention, primary meeting, or primary election, Candidates as hereinafter defined, held for the purpose of making nomi- to r o ffi c e nations for public office, and also electors to the number how nomi-‘ hereinafter specified, may nominate candidates for public .uated. office, to be filled by election within the State. A conven- tion, or primary meeting, within the meaning of this chap- 64 c;kneral eaWvS. Noniinatio n, li o w to be certified. Filing of cer- tifica t e s of nomination. Nomination.'^ bow made. ter, is an organized assemblage of electors or delegates, re- imesenting a political party or principle; and a primary election is a legally conducted election for the nomination of candidates for public office. (Sec. 364, Code.) All nominations made by such convention, primary.meet- ing, or primary election, shall be certified as follows; The certificate of nomination, which shall be in writing, shall contain the name of each per.son nominated, his residence, his business, his address, and the office for which he is named, and shall designate in not more than five words the party or principle which such convention, primary meeting or pri- niarv election represents, and it shall be signed f)y the presid- ing officer and vSecretary of such convention, or primary meet- ing, or, in case of a primary election, bv one of the Judges and the Clerk thereof, who shall add to their signatures their respective place of residence, their business, and ad- dresses. Such certificate made out as herein required shall be delivered by the Secretary or Pre.sident of such con- vention or primary meeting. Clerk or Judge of the primary election, to the Secretary of vState, or the Clerk of the Board of County Commissioners, as hereinafter required. (vSec. 365, Code.) Certificates of nomination of candidates for offices to be filled by the electors of the entire State, or of any division or district greater than a County, shall be filed with the Secretary of vState. Certificates of nomination for County and Precinct offices shall be filed with the Clerks of the Boards of CounU' Commissioners of the respective Counties wherein the officers are to be elected. Certificates of nomi- nation for municipal offices shall be filed with the Clerks of the respective municipal corporations wherein the officers are to be elected. The certificate of a nomination for an office in a district composed of more than one County shall be filed in the offices of the Clerks of the Boards of County Commissioners of all the Counties to be represented by .such joint officer or member. (vSec. 366, Code.) Candidates for public office may be nominated otherwise than bv convention or primary meeting, or primary election, in the manner following; A certificate ot nomination containing the name of the candidate for the office, to be filled with .such information as is required to be given in certificates provided for. in in Section 365 of Volume I, Hills’ .Annotated Codes and GKNKRAI. LAWvS. ^5 Statutes of Washington, shall be signed b\- electors resid- ing within the district or political division in, and for which the officer or officers are to be elected in the following num- bers; The number of signatures shall not be less than one thousand when the nomination is for an office to be filled bv the electors of the entire State; and not less than three hundred when the election is for an office to be filled by the electors of a County, District or other division less than a vState; and not less than twenty-five when the nomination is for an office to be filled by the electors of a township, precinct or ward; Provided, that the said signatures need not all be appended to one paper. Each elector signing a certificate shall add to his signature, his place of residence, his business and his address. Such certificate may be filed as provided for in Section 306 of Volume I, Hills’ Annotat- ed Statute and Codes of Washington, in the same manner and with same effect as a certificate of nomination made by a party convention, primary meeting or primary conven- tion. (367 Code as amended by I^aws 1895, p. 387.) No certificate of nomination shall contain the name of more than one candidate for each office to be filled. No per- son shall join in the nomination of more than one person for each office to be filled, and no person sliall accept a nomi- nation to more than one office. (vSec. 368, Code.) The vSecretary ofvState and the Clerks of Boards of County, Commissioners of the several Counties and of the several municipal corporations shall cause to be preserved in their respective offices for six months, all certificates of nomina- tion filed in their respective offices under the provisions of this chapter. All such certificates shalj be open to public inspection under proper regulations, to be made b}* the officers with whom the same are filed. The Board of Coun- tv Commissioners of each County in the State shall, at their first session after the taking effect of this chapter, divide their respective Counties into election precincts, and estab- lish the boundaries of the same. Such Board of Commis- sioners shall designate one voting place in each precinct, and each precinct shall contain two hundred and fifty elec- tors, or less, ba.sed on the number of votes cast at the last general election; but no precinct shall contain more than three hundred electors. If at any election hereafter three hundred or more votes shall be cast at any voting place, it shall be the duty of the inspector in such precinct to report the same to the Board of Count}' Commi.ssioners, who shall. Xominations rest r i c t e d ; certifi cates to CO 11 t a i n one name. Ituty 01 Se- er e t a r y o f State and ( 'lerk ofCom- inissi(j n e r s; election ])re- cincts 66 GP:NERAL IvAWvS. Wlien to file rerlifi cates of noniination. Secretary of State to cer- tify names of nominees. I’nblica t i o n of iK>m illa- tion . at their next regular meeting, divide such precinct as nearly as possible so that the new precincts formed thereof shall each contain two hundred and fifty electors, as nearly as ]wacticable. (Sec. 369, Code.) Certificates of nominations to be filed with the vSecretary of State shall be filed iu)t more than sixty da}’S and not less than thirty days before the day fixed by law for the election of the persons in nomination. Certificates of noniination herein directed to be filed with the Clerk of the Board of County Commi.s.sioners .shall be filed not more than sixty days and not le.ss than twenty days before the election. Certificates for the nomination of candidates for municipal offices shall be filed with the Clerks of the re.spective muni- cipal corporations not more than thirty davs and not le.ss than three days previous to the day of election: Provided, that the provi.sions of this section shall not be held to apply to nominations for special elections to fill vacancies cau.sed by death, resignation or otherwise. (Sec. 370, Code.) Not less than twenty nor more than thirty days before an election to fill any State or District office, the Secretary of vState shall certify to the Clerk of the Board of County Coni- mis.sioners of each County within which any of the electors may by law vote for candidates for such office, the name and place of residence of each per.son nominated for such office, as specified in the certificates of nomination filed with the Secretary of State. (Sec. 371, Code.) At least ten days before an election to fill any public office, other than a municipal office, the Clerk of the Board of County Commissioners of each County shall cause to be published in one or more newspapers within the County the nominations to office certified to him under the provisions of this chapter. The Clerk of the Board of County Com- missioners shall make such publications daily, until the elections, in Counties where daily newspapers are pid)lish- ed; but if there be no daily newspaper published within the County, two publications in each news]iaper will be .suffi- cient; and if there lie no paper published in anv County, written or printed notices shall be jio.sted in not less than three cons]ncuous places in such precinct. One of such publications in each newspaper shall be upon the last X o n r n PROHIBITION TICKlUr. cr Vote for Two Refresentatives "H- S* D. Republican. ... A .... r ... gkess. R 7Q Republican C I) ... Democrat f: . F X Democrat G . H. People’s Party . . 1 . J People’s Party . K L (D Prohibition . . M . . N a: n Prohibition . O . . P . o no o> O -E. ^ll P' o S ■p CL S' cr? X ^ to' o £ r-^ o' S' s ^ o Vote fok One Republican.. Democrat People’s Party Prohibitiou.. Vote for one Republican Democrat People’s Party Probibitioii.. ('.OVER NOR . n I) . . F H 1 ^ I E u n •: N A N • r Governor. A H C 1 ) ■ K F G H Vote i'or Ome Republican Democrat People’s Party Prohibition.. Si:CRETARY OF STATE, A H c 1) f: F G H Whenever the Secretary of State has duly certified to the clerk of the board of County Commissioners any ques- tion to be submitted to the vote of the people, the clerk of 72 Nu 111 b e r of ball o t s f o r e a c h p r e - cinct. Snriilus bal- lots to be de- stroy e d b y J ud g e s b e- f o r e count- ing ballots cast. Error o r oniission o f name fro m ballot. li o w cured. ballots to whom furu - ished. GRNKRAI, LAWS. the boaid of County Coiiiiiiissioners shall have printed on the regular ballots, at the bottom thereof, the question in such form as wall enable the electors to vote upon the ques- tions so presented in the manner hereinafter provided. The clerk of the board of County Commissioners shall also pre- pare the necessary ballots in the same manner whenever any (luestion is by law to be submitted to the vote of the electors of any locality, and not of the vState generally; provided, however, that in all questions .submitted to the voters of a municipal corporation alone, it shall be the duty of the City or iown Clerk to provide the nece.ssar}* ballots. (Sec. ^79 Code, as amended bv laws 1895, V- 3 ^ 7 ). The Clerk of the Board of County Commissioners of each County shall provide for each election precinct in the County, two ballots for each elector registered in the pre- cinct, and two tallying books that shall be printed in re- lation with the tickets If there is no regi.ster in the pre- cinct the Clerk ot the Board of County Commissioners shall provide ballots to the number of two, for everv elector who voted at the last preceding election in the precinct; pro- vided, however, that in municipal elections it shall be the duty of the City or Town Clerk to provide tickets as speci- fied in this section. uSec. 380, Code, as amended by Taws 1893, p. 222, and Taws 1895, p. 390. )! It is hereby made the duty of the Judges of election for each election precinct immediately upon the closing of the polls, and before the.ballots are counted, to destroy all unused ballots furnished for use at such precinct. (vSec. 2, Taws i^ 93 > Pbge 222. ! Whenever it shall ajipear by affidavit that an error or omission has occurred in the publication of the names of the candidates nominated for office, or in the printing of the ballots, the Superior court of the County may, upon appli- cation ot any elector, bv order, require the Clerk of the Board of County Commis.sioners or municipal Clerk to cor- rect such error or to show cause whv such error should not be corrected. (vSec. 381, Code. ) Before the opening of the polls the Clerk of the Board of County Conimis.sioners (or the municipal Clerk in the ca.se of municipal elections), shall cause to be delivered to the I Compare l.aws 1895, j). 35. GKNKRAL LAWS 73 Judges of election , of each election precinct which is within the County, (or with the municipality in the case of muni- cipal elections) and in which the election is to be held, at the polling place of the precinct, the proper number of bal- lots provided for in section fivei of this act. The ballots shall be given to the inspector of each election precinct, but in case it may be impracticable to deliver such ballots to the inspector, then they may be delivered to one of the Judges of election of any such precinct and in making the appointment of Judges of election under this chapter and other election laws of this State, not more than a majority of such Judges of election shall be appointed from any one political party for each precinct. (Sec. 382, Code, as amended by Laws of 1895, p. 390. i The inspectors of election shall provdde in their respective polling places a sufficient number of places, booths or com- partments, which shall be furnished with such supplies and conveniences as shall enable the voter convenientlv to pre- pare his ballot for voting, and in which electors may mark their ballots screened from observation, and a guard rail so constructed that only persons within such rail can approach within fifty feet of the ballot boxes, or the places, booths or compartments herein provided for. The number of such places, booths or compartments shall not be less than one for every fifty electors or fraction thereof registered, in the precinct, or voting at the last preceding election, where there is no registration. In precincts containing less than twenty-five voters, the election may be conducted under the provisions of this chapter without the preparation of such booths or compartments as required in this section. No person other than electors engaged in receiving, pre- paring or depositing their ballots, or a person present for the purpose of challenging the vote of an elector about to cast his ballot, shall be permitted to be within said rail, and in case of small precincts where places, booths or compart- ments are not required, no person or persons engaged in preparing his or their ballots shall in any way be interfered with by any person, unless it be some one authorized by the provi.sions of this chapter to assist him or them in pre- paring his or their ballot. The expense of ])rovidiug such places or compartments and guard rails ‘-hall be a public charge and shall be provided for in the same manner as the Iiispector.s to l^rovide poll- ings place.s; divi s i o 11 of precincts. Code, Sec. sSo, as amended. (.Ante.) 74 GKNKRAL I.AWS, Hallots (li e r y o t, elcctor.s. Ballots, marked. otlier election expenses. On or before the first day of Sep- tember of each year in which an election is to be held, the officers now charged bv law with the division or alteration of election precincts shall, as far as necessary, alter or divide the existing election precincts in such manner that each election precinct shall not contain more than three hundred voters. (vSec. 3S3, Code.) :liv- At anv election it shall be the duty of the inspector or r i‘> one of the pidgesof election to deliver ballots to the (juali- fied electors. Any elector desiring to vote shall give his name to the inspector or one of the judges, who shall then in an audible tone of voice announce the same, whereupon a challenge may be interposed in the manner ]>rovided by law. If no challenge be interposed or if the challenge be overruled the inspector or one of th.e judges shall give him a ballot at the same time calling to the Clerks of election the number of such ballot. In precincts where tln^re is a regis- tration of voters it shall be the duty of such Clerks to write the number of the ballot against the name of such elector, as the .same appears upon the certified copy of poll books of registration in their possession. In precincts where there are no registration of voters it shall be the duty of the Clerks to transcribe the name of the elector in the poll books, and agaimst such name the number of the ballot delivered to the elector Kach qualified elector shall be entitled to receive from the said judges one ballot. (Code Sec. 3S4, as amend- ed by Laws of 1895, p. 391.) how On receipt of his ballot the elector shall forthwith and without leaving the polling place retire alone to one of the places, booths or apartments, provided to prepare his bal- lot. If he desires to vote for all tlie candidates of any poli- tical party, he may make a cross “X” after the name against the political designation of such party, and shall then be deemed to have voted for all the persons named as the candidates of such party. If In- desires to vote for any particular candidate of any other political party he may do so. by placing after the name of .such candidate a mark “X.” Provided, that if two or more candidates for such office are to be elected, then such voter shall ])lace his mark “X” after the name of each of the candidates for whom he desires to vote for that particular office, and in that case .such voter shall then be deemed to have voted for all the persons named as the candidates of the political party after (iKNKRAL RAWvS. 75 which he shall have made his mark “X ” except those who are otherwise designated as herein provided. Rach elector may prepaie his ballot by marking a cross ‘‘X” after the name of every per.son or candidate for whom he wishes to vote. In case of a ballot containing a constitutional amend- ment or other question to be submitted to the vote of the people the voter shall mark a cross ‘‘X” after the que.stion for or against the amendment or proposition as the case may be. Any elector may write in the blank spaces or paste over any other name, the name of any person for whom he may wish to vote. Before leaving the booth or compartment the elector shall fold his ballot in such a man- ner that the number of the ballot .shall appear on the outside thereof without displaying the marks on the face thereof, and he .shall keep it folded until he has voted. Having folded the •ballot the elector .shall deliyer it folded to the inspector who shall in an audible tone of voice repeat the name of the elector and the number of the ballot. The election Clerks having the certified copies of the poll books of registration or poll books in charge, shall. if they find the number mark- ed opposite the electors name on the register or poll books to correspond with the number of the ballot handed to the in.spector, mark opposite the name of such elector the word “voted.” and one of the Clerks shall call back in an audible tone the name of the elector and the number of his ballot. The inspector shall .separate the slip containing the number of the ballot from the ballot, and shall deposit the bal- lot in the ballot box. The numbers removed from ballots shall be immediately destroyed. (Code .Sec. 3S5. as amend- ed b}7 Laws of 1895. ) ^ Not more than one person shall be permitted to occupy person any one booth at one time, and no person shall remain in or to occnijy occupy a booth or compartment longer than may be neces- I'ooth. .sar}^ to prepare his ballot, and in no event longer than five minutes; provided, that the other booths or compartments are occupied. (vSec. 386, Code). Any voter who .shall by accident or mistake spoil his tn case of ballot, may, on returning said spoiled ballot, receive an- spoiled ballot, other in place thereof. ( Sec. 387, Code ). voter to re- ceive another. Any voter who declares to the judges of election, or .^ssi.stance to when it .shall appear to the judges of election, that he can- illiterate or not read, or that by blindness or other ph3-sical disability’ disabled voter, he is unable to mark his ballot, .shall, upon reque.st, receive ?6 GENICRAL IvAWvS. I’.allols not to be deposited by election officers luiless stamped. fncertaiii ballots, how- disposed of. the assistance of one or two of the election officers in the marking thereof, and such officer or officers shall certify on the outside thereof that it has been so marked with his or their assistance, and shall thereafter give no information regarding the same. The judges may, in their discretion, require such declaration of disability to be made by the voter, under oath before them, and they are hereby qualfied to administer the same. No elector other than one who may, because of his inability to read or physical disability be unable to mark his ballot, shall divulge to any one within the polling place the name of any candidate for whom he intends to vote, or to a.sk or receive the assistance of any person within the polling place in the preparation of his ballot. (Sec. 388, Code). Nq inspector or judge of election shall deposit in any ballot box any ballot upon which the official stamp as here- inbefore provided, does not appear. Every person violating the provisions of this section shall be deemed guilty of a misdemeanor. (vSec. 389, Code). The clerk of the board of County Commissioners in each County shall cause to be printed in large type on cards in English, instructions for the guidance of electors in preparing their ballots. He shall furnish ten such cards to the judges of election of each election precinct, and one additional card for each fifty electors or fractional part thereof in the precinct, at the same time and in the same manner as the printed ballots. The judges of election shall post not less than one of such cards on each place or compartment provided for the preparation of ballots, and not less than three of such cards elsewhere in and about the polling places upon the day of election. Such cards shall be printed in large, clear type, and shall contain full in- structions to the voters as to what .should be done, viz: i_To obtain ballots for voting. 2 — To prepare the ballots for deposit in the ballot boxes. 3 — To obtain a new ballot in the place of one spoiled l)v accident or mistake. (Code, vSec. 390, as amended by laws of 1895, p. 392). In the canvass of the votes, any ballot, or parts ot a ballot, from which it is impossible to determine the elector’s choice, shall be void, and .shall not be counted; provided, that when a ballot is sufficiently plain to gather therefrom a GENERA], EAWvS. 77 part of the voter’s intention, it shall be the duty of the judges of election to count such part. (Sec. 391, Code, as amended by Laws of 1895, p. 393.) Any person who shall falsely make, or make oath to, or fraudulently deface or fraudulently destroy any certificate of nomination, or any part thereof, or file or receive for filing any certificate of nomination, knowing the same, or any part thereof, to be falsely made, or suppress any certifi- cate of nomination which has been duly filed, or any part thereof, or forge or falsely make the official indorsement on any ballot, shall be deemed guilty of a felony, and upon conviction thereof,' in any court of competent jurisdiction, shall be punished by imprisonment in the penitentiary for a period of not less than one year nor more than five vears. (Sec. 392, Code). Any person who shall during the election, willfully re- move or destroy' any of the .supplies or other conveniences placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot, or prior to or on the day of election, willfully deface or destroy any list of candidates posted in accordance with the provisions of this chapter, or who shall during an election tear down or de- face the cards printed for the in.strnction of voters, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any- court of competent jurisdiction, shall be fined in any' sum not exceeding one hundred dollars. (vSec. 393, Code). Any public officer, uj)on whom any duty is imposed by this chapter, who shall willfully do or perform any act or thing herein prohibited, or willfully neglect or omit to per- form any’ duty as imposed upon him by the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit his office, and shall be punished by imprisonment in the county jail for a term of not less than one month nor more than six mouths, or by a fine of not less than fiftv dollars and not more than five hundred dollars, or by both such fine and impri.sonment. (Sec. 394, Code). No officer of election shall do any electioneering on election day. No person shall do any electioneering on election day within any’ polling place or any building in which an election is being held, or within fifty' feet thereof, I'YaiuI as to certificates of nomination or l)allots is felony. Defacing or destroying- supplies, etc. , how punish- ed. Duty of j)ul)- lic officers at elections — I’nnishment for violation of. Klectioneer- ing- ]>rohibit- ed within ])olling- place- GKNKRAIv IvAWvS. nor obstruct the doors or entries thereto, or prevent free in- gress to and egress from said building. Any election officer, sheriff, constable, or other peace officer, is hereby authorized and empowered, and it is hereby made his duty, to clear the passageway and prevent such obstruction, and to arrest any person creating such obstruction. No person shall re- move anv ballot from the polling place before the closing of the. polls. No person shall .show his ballot after it is marked to any person in such a way as to reveal the con- tents thereof, or the name of any candidate or candidates for whom he has marked his vote, nor shall any person solicit the elector to show the same; nor .shall any person, except a judge of election, receive from any elector a ballot prepared for voting. No elector shall receive a ballot from anv other per.son than one of the judges of election having charge of the ballots, nor shall any person other than such inspector or judges of election deliver a ballot to such elector. No elector shall vote or offer to vote any ballot except such as he has received from the judges of election having charge of the ballots. No elector .shall place any mark upon his ballot by which it may afterwards be ident- ified as the one voted by him. Any elector who does not vote a ballot delivered to him by the judges of election having charge of the ballots shall, before leaving the poll- ing place, return such ballot to such judges. Whoever shall violate anv of the provi.sions of this section .shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred dollars and adjudged to pav the costs of prosecution. (vSec. 395, Code). Distribution It shall be the duty of the vSecretary of vState to cause of election to be pttbli.shed in pamphlet form, and distributed through laws by Sec- the clerks of the boards of County Commissioners of the retary of state, respective Counties, a .sufficient number of copies of this law, together with the registration law of the State, and such other laws as bear upon the subject of election as will nlace a copy thereof in the hands of all officers of election. (vSec. 396, Code). Time of open- At all elections held under the provisons of this act, the ino^ and do?;- polls .shall be opened at nine o’clock m., and closed at inx polls. seven o’clock p. m. (Sec. 397, Code). GKNKRAL LAWvS. 79 At all elections the r>olls shall be opened at nine o’clock in the morning, and shall continue open without recess un- til seven o’clock in the evening, at which time the judges shall close the polls; provided, that in sparsely settled pre- cincts. whenever a sufficient number of qualified electors to constitute a board of election are not present at nine o'clock on the morning of the day of the election, it shall be lawful to open the polls as soon thereafter as a sufficient number are present. (Sec. 398, Code). The board of judges, before they commence receiving ballots, shall cause it to be proclaimed aloud at the place of voting, that the polls are now open. (Sec. 399, Code). It shall be the duty of the .Auditors of the several Counties to furnish the inspectors of each election precinct with two poll books at least five days before the time of holding the election. (Sec. 400, Code). The voting shall be by ballot. No ballot shall bear any impression, devise, color or thing designated to distingui.sh such ballot from other legal ballots, or whereby the .same may be known or designated. The ballot shall be eight inches in width, and of such length as shall be neces.sary to print the names of all the candidates who shall be duly nominated according to law, and whose nomination shall be duly certified to the clerk of the board of County Commi.ssioners, such length to be determined bv the .said clerk of said board of County Commissioners. All of the official ballots, after the same shall be so prepared by the said clerk, shall be of the same size for each and every pre- cinct, and shall not vary one-eighth of an inch in breadth from the above specification. (Sec. 401, Code, as amended by Laws of 1895, p. 394.) The name of each elector whose ballot has been thus received shall be immediately entered by each Clerk in the column of his poll list headed “Names of Voters,” number- ing each name in the additional column as it is taken down, so that it may be seen at any time whether the two lists agree. Whenever the board of election rejects a ballot it must at the time of such rejection cause to be made thereon and signed by a majority of the board an indorsement of such rejection, and of the cause thereof. .All rejected bal- lots must be preserved and returned in the .same manner as other ballots. Whenever a question arises in the board as to the legality of a ballot or any part thereof and the board If electors are not pre.setit, polls may be openeil when they do ap- pear. Troclaitniiy^ polls to be open. Poll books to be furnished. Distinguish- ing- marks prohibitetl. Poll list, how- to be kept ; preservatio n of rejected ballots. So ('tENERAL LAWvS Challcngi n votes. Duly of elec- tion officers in case of challenge. Wiien vote is to 1# rejected. Challe n ge d persons to l>e sworn. decide in favor of the le«ality, such action, together with a concise statement of the facts that gave rise to the objection, must be indorsed on the ballot, and signed by a majority of the board. (vSec. 402. Code. ) Any person offering to vote may be challenged as un- (jnalified by the inspector or either of the Judges or by an\- legal voter, and it shall in all cases be the duty of the in- spector and each of the judges to challenge any person offer- ing to vote whom they shall know or suspect not to be duly qualified as an elector. (vSec. 403, Code.) When any person offering to vote is challenged, it shall be the dutv of the Judges to declare to him the qualifications of an elector, and the inspector or one of the Judges shall tender him the following oath; “You do swear (or affirm > that you will truly and fully answer all questions as shall be put to you touching your place of residence and qualifica- tions as an elector.” The inspector or one of the Judges shall then proceed to question the person challenged in re- lation to his name, his then place of residence, how long he has resided in the precinct and County, where his last place of re.sidence was, also as to his citizenship, and whether a native or naturalized citizen, and if the latter, when, where, in what County or before what officer he was naturalized, and all such other questions as shall tend to test his qualifi- cations as to citizenship and the right to vote. (Sec. 404, Code. ) If any person shall refuse to take the aforesaid oath, when .so tendered, or to answer any and all pertinent ques- tiotis as to qualifications, his vote shall be rejected; and if the board of Judges are .satisfied, from answers as aforesaid, that such person is not a legal voter, they shall reject his vote (Sec. 405, Code.) If such person shall insist that he is entitled to vote, and the board of Judges find no cause to reject his vote, under the preliminary examination, and the challenge shall not be withdrawn, he shall not be entitled to vote uu- le.ss he takes the following oath, to be administered by the inspector or one of the Judges, viz: “You do swear (or affirm, as the case nifty be), that you have resided iii this State 0 )te vetw preceding this election, in this County ninety days, and in this precinct thirty days, and ha.'^e not voted this day, and that you are otherwise qualified to vote at this elec- tion." And in case the per.son offering to vote produces a i (tKNKRAIv laws. 8r • 1 ceitified transcript of the record of a court of competent jurisdiction, adniittiip^ him to citizenship, or certificate of declaration of citizenship, duly atte.sted b}’ the Clerk there- of, as evidence of his right to vote, and if the person so producing the same is unknown to the board of Judges, he shall make oath that he is the person therein named. (Sec. 406, Code. ) If any person shall take the oath as tendered to him by when per- the inspector or Judges and no evidence is offered to traverse so n c li a l- the same by the officer or party challenging, and shall other- leased may wise comply with the lequirements of law regulating the vote. Imlloting, he shall.be admitted to vote, but if he refu.se to take the oath or afifirmation so tendered him his vote shall be rejected; but before the ballot of the voter shall be de- posited he shall be required to sign the registration book in the column headed "Remarks,” and in case such voter is incapable of writing his name, he shall, at the left hand side of the column make a cro.ss or other mark usually em- ployed by such voter for indicating his signature, and some per.son who is personally known to the inspector and who personally knows the voter shall sign the registration book in his behalf as identifying witness. (vSec. 407, Code, as amended by act of Ttlarch 10, 1893, page 273, vSession Laws 1893.) If the vote of any person be challenged on the ground Oliallenoe on that he has been convicted of an infamous crime, and shall ground of remain unpardoned or disfranchised by any court of a com- conviction of petent jurisdiction, he shall not be required to answer any i n f a m ons que.stions respecting such alleged conviction, and in the crime, ab.sence of any authenticated record of such fact, it may be competent for two disinterested witnesses, upon oath, to prove the same. (Sec. 408. Code.) When the polls are clo.sed, proclamation thereof shall Closing- of be made at the place of voting, and no votes shall be after- polls to be wards received. (vSec. 409, Code. ) prcclaimed. As soon as the polls are closed on the afternoon of the day of election, the Judges shall open the ballot box and commence counting the votes, and in no case shall tl?e box be removed from the room in which any election mav be held until all the ballots are counted. (vSec. 410, Code. ) C o n n 1 1 n g votes. [The oath above given is made to correspond to the provisions of the constitution, the changes being in italic.] 1 82 GKNKRAL LAWS. Details as lo countiii}> () I hallots. Clerks shall keep ta 1 1 y. etc. When ticket shall he re- jected. Disposi t i o n ofhallots. fhjerlo make on t election returns. The counting of ballots shall in all cases be public The ballots shall be taken out carefull}% one by one, by the inspector or one of the Judges, who shall open them and read aloud the name of each person contained therein, and the office for which every such person is voted for. (Sec. 41 1, Code.i Kach Clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies as they are read aloud by the inspector or judge. The counting of the votes shall be continued without adjournment until all are counted. (vSec. 412, Code.) If two tickets are found folded together they shall both be rejected, and if more persons are designated on any ticket for any office than are to be elected to such office, such part of the ticket shall not be counted for any of them; but no ticket shall be lost for want of form, or mistake in initials of names, if the board of Judges can determine to their satisfaction the pervson voted for and the office intend- ed. (Sec. 413, Code. i It shall be the duty of the inspector, or one of the Judges, to string the ballots at the time of counting, and after all the ballots have been counted and strung it shall be the duty of the inspector to place them in a sealed en- velope and write thereon “Ballots of precinct, Countv, vState of Washington, of election held this day of , 18 — ,” and send said sealed envelope to the Auditor of the County where said election is held, who shall keep said sealed envelope containing said ballots unopened for the period of six months, to be used only as evidence in case or cases of contest when called for, at the end of which lime it shall be the duty of said County Auditor to burn said ballots in presence of two other County officers. (Sec. 414, Code.) As soon as all the votes are read off and counted a cer- tificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the nunil5er of votes each person voted for has received and designating the office to fill which he was voted for. which number shall be written in words at full length. Kach cer- tificate shall be signed by the Clerks, the Judges and in- spector; one of said certificates with ballots, poll lists and tally paper, oath of inspector. Judges and Clerks shall be Ctb:nkral laws. ^3 sealed up by the inspector and indorsed ‘‘Election returns,” and be directed or sent by the inspector to the County Audi- tor of the County in which the election is to be held (Sec. 415, Code.) The said package shall be delivered to the County Audi- tor by one of the Judges or Clerks of the election, in per- son, or may be sent by registered mail. If sent by mail it shall be mailed by one of the Judges. The other of said certificates, with poll list and tally papers, oaths of Judges, inspector and Clerks, shall be retained by the inspector and preserved by him at least six months. Tally papers, poll list or certificate returned from any election shall not be set aside nor rejected for want of form, nor on account of not being strictly in accordance with the directions of this •chapter, if the same be satisfactorily understood. (Sec. 416, Code.) On the tenth day after the day of each election, or as soon as he shall have received the returns from each pre- cinct of the County, if he receive them within that time, it shall be the duty of the County Auditor to notify two County officers,* one of whom shall be a Judge of probate, to be pre- sent at the office of said County .\uditor, on a day named by said County Auditor, for the purpose of canvassing the votes cast at election in the different precincts of the County, and it shall be the duty of the Judge of probate present, as one of the canvassers of said votes, to administer the following oath or affirmation to the County Auditor, having in his possession the election returns of said County: “I do solemnly swear (or affirm) that the returns purporting to be the election returns of the several precinSts"tH...this County have been in no wise altered by additions ^of~~erasures, and that they are the same as when I received them; so help me God;” the said oath or affirmation to be in writing and signed by the County Auditor and certified to by the afore- said Judge of probate and placed on file in said Auditor’s office, among the papers appertaining to said election. And then the said Auditor, with the assistance of two County officers aforesaid, shall proceed to count the votes of said County or precincts, a statement of which shall be drawn up and signed by them. And it shall be deemed a mis- demeanor in the County Auditor, if he shall neglect or re- I This section is amended by the one immediately following- so far as the canvassing board is concerned. Delivery of re t n r n s to County Audi- tor, etc. Cativass of votes. 84 GKNKRAIv LAWvS. * Hoard to can- vass election returns. Vacan c y i n board ot can- vassers. Auditor to issue certifi- cate of elec- tion. Tie vote, how decided. Proceed in g s wh e n c a n- vassing offi- cer is candi- date. Return s a f- fecting d i .s- trict officer. fuse to return the total number of votes as counted, if such votes can be witli reasonable certainty ascertained. (Sec. 417, Code.) The County Auditor, Chairman of the Board of County Commissioners and Prosecuting- Attorney shall be the Coun- ty canvassing board of election returns for all special and general County and State elections in each County. (Sec. I, ])age 271, Laws 1893.) If for any rea.son there is a vacancy or vacancies in the canvassing board provided for in the [this] act, the remain- ing member or members of the board shall have the power and it is hereby made his or their duty to choose the County officer or officers to fill such vacancy or vacancies. (Sec. 2. page 271, Laws 1893.) The person having the highest number of votes given for each office to be filled by the voters of a single County, or of a precinct, shall be declared duly elected, and the County Auditor shall immediately notify him of his election, aud it shall be the duty of said Auditor to make out and deliver to any person so notified a certificate of election, upon his making application to the Auditor. (Sec. 418. Code.) If the requisite nuuiber of County or Precinct officers shall not be elected by reason of two or more persons hav- ing an equal and highest number of votes for one and the same office, the County Auditor shall give notice to the several persons so having the highest and an equal number of votes to attend at the office of the Auditor at the time to be appointed by said Auditor, who shall then aud there pro- ceed publicly to decide by lot which of the per.sons so hav- ing an equal number of votes shall be declared duly elected, and the said Auditor shall make out and deliver to the per- son thus declared duly elected a certificate of his election, as hereinbefore provided. (vSec. 419, Code.) When a County Auditor is to be elected, the Probate Judge sliall examine the returns as .soon as they are filed, and issue to the person chosen a certificate of election in the form prescribed in the preceding .section. (Sec. 420, Code.) When there are officers voted for who are to be chosen by the electors of a district composed of two or more Coun- ties it shall be the duty of each of the County Auditors of GENERAL LA\\\S. «5 the Counties composing such district, immediately after making out the statement specified in section four hundred and seventeen, to extract therefrom so much as relates to the election of such officers, and to certify under his hand and the seal of the Count\' that such extract contains a full statement of all the votes given for district officer as return- ed to him, and without delay transmit the same to the Audi- tor of the senior of the Counties composing such district. The said County Auditor shall compare the returns, make up a statement of the vote of the district for such officers, and file the same, together with the returns from the other Counties, in like manner as is prescribed in section four hundred and seveirteen of this volume of General vStatutes. He shall also make out and transmit to the vSecretary of .State such statement of the votes of the district, signed by him officially and authenticated with the seal of the County, and shall furnish the person elected a certificate of election. (Sec. 421, Code.) When there are others officers voted for who are chosen Duties of by the qualified voters of this State, it shall be the duty of County Audi- each County Auditor so soon as the statement of the vote tors and of his County is made out as required in .section four hun- Secretary of dred and seventeen of this volume of General Statutes, to State as to copv therefrom .so much as relates to the vote given for election re- such officer, certify to the correctness thereof under his turns, hand and the seal of the County, and transmit the same to the vSecretarv of State, indor.sing on the package the words ‘‘Election returns.” On the thirtieth day after the day of election, or as soon as the returns shall have been received from all the Counties of the State, if received within that time, the Secretary of State siiall compare and e.stimate the vote and make out and file in his office a statement thereof, a copy of which .shall be transmitted to the governor. Upon this statement the commission or certificate shall issue. (vSec. 422, Code.) It shall be and is hereby made the duty of the County Dutyof Audi- Auditor in each County of this State, immediately after tor. making abstracts of the vote given in the County at the gen- eral or special ^election for members of the Legislature, County, State or District officers or members of Congress to transmit by mail a certified copy of said abstract to the Secretary of State at the seat of government. It shall be the duty of the Secretary of .State to furnish uniform and S6 GKNHRAI. LAWS. Informal i t y not (le ter issuance of certificate. Returns to be transmit t e d by rejjistered mail. When special elect ion is necessary to de c i d e tie vote. Can s e s for cont e s t i n g elections. ])foper blank.s to each and every County Auditor in the State, on which said County Auditor sliall make returns to tlie vSecretary’s office. The County Auditor shall make re- turns of all persons voted for State, County and District officers (Code Sec. 423, as amended by Jvaws of 1S95, p. 394 - ) No certificate shall be wdthh?ld on account of any de- fect or informality in the returns of any election if it can with reasonable certainity be ascertained from such return what office is intended and who is entitled to such certifi- cate, nor .shall any commission be withheld by the gov- ernor on account of any defect or informality of any re- turn made to the office of the Secretary of State (vSec. 424, Code ) Whenever returns are retjuired to be transmitted by the County Auditor to the ,Secretary' of State it .shall be the dut}* of the County Auditor to deliver the .same to some postmas- ter of the County at the po.stoffice, to be transmitted by registered mail (Sec 425, Code.) If, at any election to fill any district or legislative office, two or more pensons receive the highest and equal number of votes, it shall be declared that there is no choice, and a special election to fill such office shall be ordered by the proper officer. (Sec. 426, Code.) Any elector of the proper County m.Hv contest the right of any person declared duly elected to an office to be exer- cised in and for such County; and also any elector of a pre- cinct may contest the right of any person declared duly elected to any office in and for such precinct, for any of the following causes: 1. For malconduct 011 the part of the Board of Judges or any member thereof. 2. When the person whose right to office is contested was not, at the time of election, eligible to such office. 3. When the per.soii whose right is contested shall have been, previous to such election, convicted of an in- famous crime by any court of competent jurisdiction, such conviction not having been reversed nor such person re- lieved from the legal infamy of such conviction. 4. When the person whose right is contested has given to any elector or inspector, judge or clerk of election, any bribe or reward, or .shall have offered any such bribe or re- ward for the purpo.se of procuring his election, 5. On account of illegal votes. (Sec. 427, Code.) (tENERAI. laws «7 No irregularity or improper conduct in the proceedings of the Board of Judges, or any one of them, shall be con- strued to amount to such malconduct as to annul or set aside any election, unless the irregularity or improper con- duct shall have been such as to procure the person whose right to the office may be contested to be declared duh’ elected when he had not received the highest number of legal votes. (Sec. 428, Code. ) When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the Board of Judges of any precinct election, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such Precinct or Precincts shall change the result as to such office in the remaining vote of the County. (Sec. 429, Code. ) Nothing in the fifth ground of contest, .specified in section four hundred and twenty-seven of this volume of General Statutes, shall be so construed as to authorize an election to be set aside on account of illegal votes, unless it shall appear that an amount of illegal votes has been given to the person whose right to the office is contested, which, if taken from him, would reduce the number of hi.s legal votes below the number of votes given to some other person for the same office after deducting therefrom the illegal votes which ma}" be shown to have been given to such other person. (Sec. 430, Code.) No person .shall be competent to contest an election unle.ss he is a qualified elector of the District, County or Precinct, as the case ma}’ be, in which the office is to be exercised. (Sec. 431, Code.) When any such elector shall choo.se to contest the right of any person declared duly elected to such office, he shall, within ten days after such person shall have been declared elected to such office, file with the Clerk of the Superior Court of the County a written statement .setting forth specifically — I. The name of the party contesting .such election, and that he is a qualified elector of the District, County or Precinct, as the ca.se may be, in which such election was held. Maleon duct of judge s, when suffi- cient to an- nul election. County elec- tion to he an- nulled o n 1 5^ u p o n one condition. Klection may be set aside on accon n t of illegal votes. t'erson can- not contest election un- le.ss he 'is a qualified elector Statement of contestants. 88 GKNKRAL LAWS, Sufficiency or testimony. Statement of cause of con- test not to i)e rejected f o r want of form. Trial coute.*^. Citation and .service upon party whose right to office is conte.sted. 2. The name of the person whose rij^ht to the office is contested. 3. The office. 4. The particular cau.se or causes of such contest, which statement shall be verified the affidavit of the conte.sting part}’ that the matters and things therein con- tained are true, as he verily believes. (Sec. 432, Code.) When the reception of illegal votes is alleged as a cau.se of contest, it .shall be sufficient to state generallv that illegal votes were ca.st, which, if given to the person whose election is conte.sted in the .specified Precinct or Precincts, will, if taken from him, reduce the number of his legal vote below the number of legal votes given to .some other person for the same office; but no testimonv shall be re- ceived of any illegal votes unle.ss the party contesting such election shall deliver to the oppo.site party, at lea.st three days before .such trial, a written list of the number of illegal votes and by whom given, which he intends to prove on such trial, and no testimony shall be received of any illegal votes except such as are .specified in such list. (vSec. 433, Code. ) No .statement of the cau.se of conte.st shall be rejected, nor the proceedings thereon dismi.ssed by anv Court before which such conte.st may be brought for trial, for want of form, if the particular cau.se or cau.ses of conte.st shall be alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or cause for which such election is contested. (vSec. 434, Code.) Upon .such .statement being filed, it shall be the duty of the Clerk to inform the Judge of the Superior Court, who may give notice, and order a session of said Court to be held at the usual place of holding said Court, on some day to be named by him, not le.ss than ten nor more than twenty days from the date of such notice, to hear and de- termine such contested election; provided, if no .se.ssion be called for the purpo.se, such contest shall be determined at the first regular se.ssion of said Court after such statement is filed. (vSec. 435, Code.) The Clerk of said court shall also at the time issue a citation for the person whose right to the office is contested, to appear at the time and place specified in .said notice, which citation shall be delivered to the Sheriff or Con- stable, and be served upon the party in person; or if he can- (tKNKRAL i.aws. 89 not l)e found, h\’ leaving a copy thereof at the house where he last resided, (Sec. 436, Code.) The said Clerk shall issue subpoenas for witnesses in such contested election at the request of either part}', which shall be served by the Sheriff or Constable as other subpoi- nas, and the Superior Court shall have full power to issue attachment to compel the attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so, (Sec. 437, Code.) Said court shall meet at the time and place designated to determine such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either con- firming or annulling and setting aside such election, accord- ing to the law and right of the case. (.Sec. 438. Code.) If in any such case it shall appear that another person than the one returned has the highest number of legal votes, said court shall declare such ])erson duly elected. (vSec. 439« Code.) If the proceedings are dismissed for insufficiency, want of prosecution, or the election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in favor of the partv whose election was contested. (.Sec. 440. Code. ) If such election is annulled and set aside, judgment for costs shall be rendered against the party who.se election was contested, in favor of the party contesting the same. I Sec. 441, Code. ) Hither party feeling himself aggrieved by the j udgnient of said court may appeal therefrom to the Supreme Court as in other cases of appeal thereto. (.Sec. 442. C'ode.) Whenever an election shall be annulled and set aside by the judgment of the Superior Court, when no appeal has been taken therefrom within ten days, such certificate or commission, if any have been issued, shall be thereby ren- dered void (vSec. 443. Code.) wit nesses may l>e sum- moned a n d C(Jtnpelled to attend. Hear i n g of election con- test. Other person than one re- turned may be declared elected. Costs, how to be awarded where elec- tion is con- firmed. Costs, how to be awarded where el e c- tion is annul- led. Apf)eal may be taken to S u p r e m e Court . Certificate of election b e- conies voi d, when. 90 GKNKRAL LA\\\S. 1‘nnislnm.n t, for hril)in>4 of voter. Violation.s to be snl>inilte(l to jury. J'ee.s of elec- tion officers. Registration of voters. If any candidate for office in any election as herein- after mentioned, under the laws of this vState, or any other person, shall directly or indirectly, offer, promise, procure, confer, or give any money, property, thing in action, victuals, drink, preferment, or other consideration or valu- al)le thing, by way of fee, reward, gift, or gratuity, for giving or refusing to give any vote in any election of any public officer, vState, County or municipal, whatever, or any ])erson who shall carry voters to any polling place, by wagon, steanil)oat, or otherwise, for the purpose of influenc- ing their votes, siich person shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof be punished by fine or imprisonment, or both, at the discre- tion of the court, said fine not to exceed one thousand dol- lars, nor such imprisonment to exceed six months; and further, such person shall, on such conviction, and as part of the judgment of the court, be deprived of the right of suffrage, and such candidate for office be disqualified to hold any office to which he was elected at such election; and further, if any person shall directly or indirectly ask for, accept, receive, or take any such bribe, or the promise thereof, by giving or refusing to give his vote in any such election, he shall be deemed guilty of a misdemeanor, and punished with the like penalties as hereinbefore prescribed. uSec, 444, Code). It shall be the dutv of the Prosecuting Attorney of each Count}' to present all violations of the election laws which may come to his knowledge to the special consideration of the proper jury. (Sec. 445, Code). The fees of officers of election shall be as follows: To the inspectors, judges and clerks of an election, four dol- lars per day; the person carrying the returns to the County .\uditor shall be entitled to such mileage as the sheriffs are allowed. All expenses of registering packages shall be paid by the County. (Sec. 446, Code). In all Cities and Towns, and all voting precincts having a’voting population of two hundred and fifty or more who are entitled to the right of suffrage, as shown by the num- ber of votes cast at the preceding general election, there shall be registration of voters, prior to all general or muni- cipal elections, as herein provided. (vSec. 447, Code). CiKNKRAL LAWS 91 In precincts where an incorporated City or Town forms a part of a voting precinct, and where any portion of a City or Town -forms a part of a precinct extending be\ond the corporate limits, there shall be a registration of voters; provided, the Board of Comity Commissioners may appoint the Clerk of a City or Town in such a precinct the officer of registration for that portion of such a precinct without the City or Town, but the voters within the City or Town, and those without, shall be registered in separate poll books of registration. (Sec. 448, Code). The voters of any such precinct resident within the cor- porate limits of an incorporated City or Town, shall be reg- istered by the Clerk of said Citv or Town, and those voters resident within the precinct, but without the corporate limits of a City or Town, shall be registered by an officer of registration to be appointed by the Board of County Coni- niissioners. i Sec. 449, Code). The time and manner of regi.stration under this act shall be the same as that prescribed by law. (vSec. 450, Code.) The expense of registration in all Cities and Towns shall be paid by such Cities or Towns, and the expen.se of registration in precincts outside of Cities and Towns shall be paid by the County in which such precincts are situated. (vSec. 451, Code). It shall be the duty of the Mavor or chief executive offi- cer of each City or Town, immediately upon the taking effect of this act, to procure and open for the registration of vot- ers a poll book for each ward or voting precinct of such City or Town, and on the fir.st Mondav of January of each year to procure and open a like book of registration for each of said wards and voting precincts; and for all precincts having a voting population of two hundred and fifty 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 manner, procure and open a poll book for the registration of voters in such precinct or precincts, and shall designate a legal voter in each of such precincts, who shall be the officer of registration in such precinct, who.se duties shall be the same as those devolving upon the Citv or Town Clerk under the provisions of this act ; Resistrati o n of voters in ]) re c i 11 c t s overlapp i n g- c o r ]j o r a t e 1 ) o u n d a r y lines. Vote r s of s n c li p r e- c i n c t s, l)v ulioni to l)e registered . T i in e and niann e r of regi.stration. Kxpen s e of registrati o n, how to he paid. M a y o r t o open boo k s of regis t r a- tion. 92 ('tKNKRAL IvAWvS. Poll books nnisl be kei)t at refcist ra- tion office. Perfect of re- gistration as evidence o f right to vote. Offi c e r of registrat i o n must publish notice Poll books, when closed. and the Board of County Coniniissioners shall fix the cotn- pensation of such officer of registration, which shall be paid the same as other election expenses. (Sec. 452, Code). Such poll books shall at all times he kept at the office of such City or Town Clerk or officer of registration of such City, Town or Precinct; and the City or Town Clerk and the ])erson designated 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 said City, Town or voting precinct on such ])oll books as hereinafter ])rovided. (Sec. 453, Code). It shall be the duty of all citizens of such City, Town or voting precinct after the opening of the books as herein provided, to apph’ to the City or Town Clerk, or officer of registration, and be registered therein, atsuch time or times as said books shall be open for that purpose, as provided in this act; and such registration, when made as in' this chap- ter provided, shall entitle such citizens to vote in their re- spective wards and precincts. If such citizens are other- wise legally qualified voters at such election, and have so caused themselves to be registered, such registration shall be prinia facie evidence of the right of such citizens to vote at any election held in such City, Town or Precinct subse- (pient to such registration, and preceding the first Monday of January next thereafter. (,Sec. 454, Code). It shall be the duty of the City or Town Clerk, or offi- cer of registration, upon the receipt of the poll books in this chapter provided for, to cause to be published a notice in a newspaper of general circulation in .such City, Town or Precinct, for ten days, notifying the citizens of said City, Town or Precinct that they can register at his office, ac- cordilig to the provisions of this act ; ami a like notice shall be published each year within twenty days after the first Monday in Januarv of each year. (vSec. 455, Code). The poll books in this act provided for shall be open at all times during the year for the registration of voters, ex- ce])t that they shall be closed in all general and County elections for the purpose of organization (20) twenty days preceding any election to be held in such Cit^', Town or precinct. The City or Town Clerk or officers of registration shall give notice of the closing of such books, by a notice published at least ten daysiu a newspaper of general circu- GENERAL LAWS. 93 lation in such City, Town oi' precinct, and by posting either written or printed notices in three of the ino.st public places in anv such City, Town or precinct at least ten days pre- ceding the day of .such clo.sing, and such notice by publica- tion shall have at lea.st two insertions in such newspaper; in all special City, Town or precinct elections such notices shall be given by the posting aforesaid only, at least five days before such closing, and the poll books shall be closed ten davs preceding all such special or local elections. (vSec. 456, as amended by act of 1893, p. 72, Session Laws). The poll books aforesaid shall be .so arranged as to ad- mit the alphabetical classification of the names of the voters, and ruled in parallel columns, with appropriate heads,, as follows: Date of regi.stration; name; age; occu- pation; 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 vStates, or date of naturalization, and with column for .signature, and one for remarks, and one column for checking the name of voter at the time of voting. If the voter regi.stering is of foreign birth he shall at the time of registering exhibit to the registration officer a certificate of his declaration of in- tention, or naturalization, or if such certificate be lost, then a certified copy of the same. Under head of place of re.si- dence shall be noted the number of lot and block or num- ber and street where the applicant re.sides, or .some other definite de.scription sufficient to locate the re.sidence, and the voter so regi.stering as provided in this section shall sign his name on the registry oppo.site the entries above re- quired in the column headed “ signature,” and in ca.se any voter shall not be capable of writing his name, he shall, on the left hand margin of said column, make his mark by cross, or such other mark as is u.sual in indicating his. signa- ture, and some per.son who personally knows .said voter, and is personally known to the registering officer, and who is capable of writing his name, shall sign in said column im- mediately opposite said mark, as an identifying witness thereto. (Sec. 457, Code, as amended by act of 1893, p. 73. Session Laws). > No person shall be registered unless he appears in per- • son before the City or Town Clerk, or officer of regi.stra- tion, at his office during usual office hours, and apply to be P'onn of reg- istration. Voters mu.st register in per.son. 94 (tKNKRAL LAVVvS. Xo one can vote unless registered. registered and give his name, age, occupation, j^articular place of residence, place of birth, time of residence in the vState, County, ward or precinct, and if naturalized, name of court, place where held and date of naturalization pa- pers, and make and subscribe to the following oath or affirmation : vState of Washington, / County of \ I, , do solomnly swear (or affirm) that I am a male person over twenty years, eleven months and ten days of age; that I am a native born or naturalized citizen of the United States, or was a legal elector of the Territory of Washington at the time of the adoption of the Constitution of the State of Washington; that I have been an actual, permanent resident of the State of Washington for eleven months and ten days last past, of the County of for seventy days last past, and of the precinct ten days last past, and that I have not lost my civil rights bv reason of being convicted of an infamous crime. Subscribed and sworn to before me this dav of Said affidavit shall be bound in book form and pre- served with the other records of the City, Town or precinct. (Sec. 458, Code, as amended by act of 1893, p, 73, Session Laws'). No person shall be entitled to vote at any election in any such City, Town or precinct who is not registered ac- cording to the provisions of this act. The registration shall not be conclusive evidence of the right of any registered person to vote, but .said person may be challenged and re- quired to establish his right at the polls in the manner as may be required by law. And every person when offering his vote shall, if challanged, hand his registration certificate to one of the judges of election, who shall receive and file the same, and at the close of said election deliver said certificates as a part of the election returns to such City, Town, Count}’ or State officer as by law provided. (Sec. 459, Code). Sec. 460, Code, Repealed. (See p. 75, Session Laws, i«93)- GKNI^.RAL LAWvS. 95 The City or Town Clerk, or officer of registration, is hereby empowered to administer all necessary oaths in ex- amining an applicant for registration, or any witness he may offer in his behalf, in order to ascertain his right to be registered under the provisions of this act; and the said Clerk or registration officer shall closely examine any appli- cant for registration, whose right to registration he may doubt, or who may be challenged, and shall explain to him the necessary qualifications of a voter, and if the applicant for registration be entitled to vote at the next election he shall be registered, otherwise he shall not. (Sec. 461, as amended by act of 1893, p. 74, Session Laws I. If a citizen of any City, Town or voting precinct, shall, during the year for which he has been registered, change his residence from one ward or voting precinct in said City or Town to another ward or voting precinct in said City or Town, or from any precinct outside a City or Town in which registration is required to another voting precinct, in the same County, in which such registration is required under the provisions of this act, he shall apply to the City or Town Clerk, or officer of registration, to have said removal noted on said poll books when the same are open. The Clerk, or officer of registration, shall register .said person in the ward or voting precinct to which he has removed, and run a red ink line across his name in the ward or pre- cinct book of his former residence, and likewise note the transfer in the colnnin “remarks,” in said poll book, and also indorse on the certificate of registration of .said person the facts of said removal. (Sec. 462, Code ). It shall be the duty of the Clerk, or officer of registra- tion, immediately upon the close of the poll books preced- ing any election to be held in said City, Town or voting precinct, to prepare a true and correct copy of .said poll books, certified to by him to be such copy, and in time for the opening of polls as i^rovided by law, to have said copies at the voting precincts, and deliver the copy for .such ward or precinct to one of the judges of said election, and take his receipt therefor. (Sec. 463, Code). At every election one of the judges of election shall, as each person registered votes, enter on the said certified copy, in the check line opposite the name of such person, the word “voted,” said certified copy to be returned to the City or Town Clerk or officer of registration, after said election, and by him preserved. (Sec 464, Code.) Registration officer shall administer necessary oaths. Change of re.s- idence must be noted on poll books. Registration ofifeer must prepare certi- fied copies of ])oll books for voting ])recincts. Judge must mark names and ret u r n poll list after election. 96 ('tKNKRAI, RAWvS Ne.si:l e c I o r r c f u sal of election offi- cer to ]) e r- fonn duty; ])enalty. I’unisliine ii t for false and fraud u lent rej^ist ration. Applicat i o n of registra- tion law. If any officer shall neglect or refuse to perform any dutv retjuired by this act, or in the manner retjuired by this act, or shall neglect or refuse to enter upon the performance of any such duty, or shall enter, or cau.se or permit to be en- tered, on the registry books the name of any person in anv other manner or at any other time than as prescribed by this act. or shall enter, or cause or permit to be entered, on such lists the name of any person not entitled to be regi.s- tered thereon according to the provisions of this act. or shall destroy, secrete, mutilate, alter or change any such re- gistry books, he shall, upon conviction, be punished by confinement and hard labor in the penitentiary not more than five nor less than one year, and shall forfeit any office he may then hold. iSec. 465, Code.) If any per.son shall falsely swear, or affirm, in taking the oath or making the affirmation prescribed in section 8, (vSec. 458, Code) hereof, or shall falsely per.sonate another, and procure the per.son so personated to be registereVl, or if any person shall repre.sent his name to the Citv or Town Clerk, or officer of registration, to be different from what it actu- ally is, and cause such name to be registered, or if anv per- son shall cause any name to be })laced upon the registry list otherwi.se than in the manner ])rovided in this act, he shall be deemed guilty of a felony, and upon conviction be punished by confinement and hard labor in the penitentiarv not more than live years nor less than one vear. (Sec. 466, Code, as amended by act of 1893, page 74, Session Taws.) The provisions of this act shall apply to all elections for National, State, Congressional, District, County or Muni- cipal officers and all general or special elections held within any such Cities, Towns or Precincts, except road elections and the wards or voting precincts established by the au- thorities of any County, City or Town, shall be the same for all County, District, State, Congressional. National or other elections (Code 467, as amended by laws of 1895, p. 340 ) (;knkral laws. 97 R[V[NU[ LAWS APPLICABLE 10 CITIES, vSection I. That all real- and personal i^ropertv now existing, or that shall he hereafter created or brought into this State, shall be subject to assessment and taxation for the support of the State government, and for County, school, municipal, or such other purposes as shall be designated by law, upon equalized valuations thereof, nxed with refer- ence thereto on the first day of .\pril at 12 o’clock, meri- dian, in each and every year in which the same shall be listed, except such property as shall be expressly exempted therefrom by the provisions of law. 1 March 15, 1893, Sec. r. In effect immediately. 1 Sec. 2. Real property for the purpo.ses of taxation shall be comstrued to include the land itself, whether laid out in town lots or otherwise, and all buildings, structures and improvements, or other fixtures of what.soever kind thereon, and all rights and privileges thereto belonging, or in any wi.se appertaining, and all quarries and fossils in and under the .same, which the law defines, or the courts may interpret, declare and hold to be real property under the letter, .spirit, intent and meaning of the law, for the ])iir- poses of taxation. (March 15, 1893, ,Sec. 2. hi effect im- mediately.) Sec. 3. Personal property for the purpo.ses of taxation .shall be construed to embrace and include, without speci- ally defining or enumerating it, all good.s, chattels, moneys, stocks or estate; all improvements upon lands, the fee of which is still vested in the United States, or in the State of Washington, or in any railroad company or corporation, and all and singular of what.soever kind, name, nature and 1 See Chap. XI of Charter (ante p. 24). 2 I hi.s enibrace.s every .speeie.s of title whetlier iiiclioate or com- plete. I’uKel Soiuul Co. V. Pierce Co., i Wash. Ter. 159. All property subject to a.s- sessuient and taxation un- le.ss e.x press-, ly exempted- Real proper- ty defined. P e r .s o n u 1 property de- fined. GKNKRAL LAWS. 98 description, whicli the law may define or the courts inter- pret, declare and hold to be personal property, for the pur- pose of taxation, and as bein<^ subject to the laws, and under the jurisdiction of the courts of this State, whether the same be in any marine craft, as ships and vessels, or in other property holden under the laws and jurisdiction of the courts of this State, be the same at home or abroad ; all credits, including accounts, notes, bonds, certificates of deposit, judgments, choses in action and all other debts of whatsoever kind or nature, due or to become due (whether secured or not b}^ mortgage or otherwi,se); provided, how- ever, that in making up the amount of monev or credits other than bank stock, which au}’ person is required to list or have listed or assessed, he will be entitled to deduct from the gross amount thereof all debts in good faith owing by him, but no acknowledgment not founded on actual con- sideration, and no such acknowledgment made for the pur- pose of being so deducted shall be considered a ^ebt within the intent of this section, and so much only of any liability of such person as securitv for another shall be deducted, as the person making the list believes he is equitably or legally bound to pay, and so much onlv as he believes he will be compelled to pay on account of the inability of the prin- cinal debtor, and if there are other sureties able to contri- bute, then so much only as he in whose name the list is made will be found to contribute ; but no person will be en- titled to any deduction on account of any obligation of any kind given to any insurance company for the premiums of insurance, nor on account of anv unpaid subscription toaii}- institution, society, corporation or company; and no person shall be entitled to any deduction on account of any indebt- edness contracted for the purchase of United States bonds or other non-taxable property; provided, that credits shall be assessed at their true and actual value; and provided further, that mortgages and all credits for the purchase of real estate shall not be considered as property for the pur- poses of this act. (March 23, 1895, Sec. r. In effect imme- diately.) Definition of Skc. 4. The term “money” or “moneys,” wherever terms. used ill this act, shall be held to mean gold and silver coin, gold and silver certificates, treasury notes, bank notes and every deposit which any person owning tlie same or hold- ing in trust, and residing in this State, is entitled to with- draw in money on demand. The term “tract” or “lot,” GKNKRAL LAWS. 99 and “piece or parcel of real property,” and “piece or par- cel of lands,” wherever used in this act, shall each be held to mean any contiguous quantity of land in the possession of, owned by, or recorded as, the property of the same claimant, person or company. Kver}’^ word importing the singular number only may be extended to or embrace the plural number, and every word importing the plural num- may be applied and limited to the singular number, and every word importing the masculine gender only may be extended and applied to females as well as males. When- ever the word “oath” is used in this act it may be held to mean affirmation-, and the word “swear” in this act may be held to mean affirm. The term “person,” whenever used in this act, shall be construed to include firm, company or corporation. The words “County Auditor,” when used in this act, shall be construed to mean register or recorder, whenever it shall be necessar}" to use the same for the pro- per construction of this act. (March 15, 1893, Sec. 4. In effect immediately.) Sec. 5. All property described in this section, to the Special ex- extent herein limited, shall be exempt from taxation, emption from that is to say — First: All public school houses. State col- taxation, leges, State university and State normal schools, with the books and furniture therein, and the grounds attached to such buildings necessary for their proper occupancy. vSec- ond: All lands used exclusively for public burying grounds or cemeteries, all churches built and supported b}- donations, whose seats are free to all, and the grounds whereon such churches are built, not exceeding one hundred and twentv feet by two hundred feet in quantity; provided, that such grounds are used wholly for church purposes. Third: All property, whether real or persoiial, belonging exclusively to any County, municipal corporation, the State or to the United States. Fourth: All buildings belonging to Coun- ties used for holding courts, for jails, for County offices or County hospitals, with the ground on which such buildings are erected. Fifth: All lands, houses or other buildings or property belonging to any County, township. City or Town, used exclusively for the accommodation or support of the poor. Sixth: All fire engines and other implements used for the extinguishiwent of fires, with the buildings used exclusively for the safe keeping thereof, and for the meeting of fire companies, whether belonging to any Town or any fire company organized therein. Seventh: All free Kx:> C'tKNKRAL LAWvS. public libraries, orphanages, orphan asylums, institutions for the reformation of fallen wcmien, homes for the aged and infirm, and hospitals for the care of the sick, when such institutions above mentioned are supported in whole by public appropriations or by private charity, or are supported in part by charity, and all of the income and profits of such institutions are devoted to charitable purposes, after paying the expenses thereof; and the grounds wherever such libra- ries, orphanages, institutions, homes and hospitals are built, when used exclusively for the purposes in this subdivision enumerated. That in order to determine whether such libraries, orphanages, institutions, homes and hospitals are exempt from taxes within the true intent of this act, the vState board of health, the County and City authorities of the Countv and City wherein such institutions are respec- tively situated may have access to the books of said institu- tions, and the institution claiming exemption shall provide by its articles of incorporation that the Mayor of the City and the chairman of the board of County Commissioners wherein such institution is located .shall be ex officio trustees thereof. And the superintendent or manager of the librarv, orphanage, institution, home or hospital claiming exemp- tion from taxation under this act .shall make oath before the as.se.ssor that all of the income and receipts thereof, in- cluding donations to it, have been applied to the actual ex- penses of maintaining it and to charitable purposes. He .shall akso, under oath, make an annual report to the vState board of health of its receipts and disbursements, specify- ing in detail the sources from which the receipts have been derived and the objects to which disbursements have been applied, and shall further furnish the said report full and complete vital .statistics for the use and information of the State board of health, who may publish the .same in its an- nual report. Eighth; The personal property of each house- holder and head of a family liable to as.sessment and taxa- tion under the provisions of this act, of which .such in- dividual is the actual and bona fide owner, to an amount not exceeding three hundred dollars; provided, that each person shall list all of his personal property for taxation and the County Asses.sor shall deduct the amount of the ex- emption authorized by this section from the total amount of this assessment and asse.ss tht remainder. (March 23, 1H95, vSec. 2. In effect immediately). gp:neraIv laWvS. ro Skc, 6. All real property in this State subject to taxa- personal tion shall be listed and assessed biennially on every odd property list- numbered year with reference to its value on the first day annually; of April preceding the assessment. All personal property' real property in this State, .subject to taxation, shall be listed and a.ssessed listed bienni- every year, with reference to its value on the first da\’ of a>'y, April preceding the a.ssessment; provided, that fruit trees, except nursery stock, shall not be assessed before four years after being transplanted from the nursery into orchard. No male animal kept solely for breeding purposes shall be assessed for more thau three hundred dollars ; provided further, that real estate becoming subject to taxation since the last assessment, and improvements upon real e.state made since the last assessment, shall be a.sse.ssed and in- cluded in the tax roll in every even numbered year ; and provided further, that the destruction or removal of im- provements since the last preceding assessment shall be duly noted by the County Asse.ssor, and the assessment and tax rolls herein provided made to conform to such changes; provided further, that all real estate subject to taxation shall be listed b}^ the Asse.ssor each year in the a.ssessment roll, and in each even numbered year the valuation of each tract for taxation shall be the same as the valuation thereof as ec|ualized by the County board of equalization in the pre- ceding year. (March 23, 1895, ,Sec. 3. In effect immedi- ately). Sec. 7 The owner of personal property removing from Change of one County to another between the first day of April and re.‘'0 fi”iii.sli list and deliver to the Assessor of the County in which such to .\s.ses.sor. bank is located, nu or before the fifteenth day c.'f April in each year, a statement verified by the oath of such cashier showing the name of each shareholder, with his residence and the number of .shares belonging to him at the clo.se of the business day next preceding the first day of April, as the same then appeared on the books of said bank. If the cashier fails to make such statement, .said A.sses.sor shall forthwith, upon such failure, obtain a list of shareholders, with the residence of and number of shares belonging to each. (March 15, 1893, Sec. 24. In effect immediately). Sec. 25. Foreign banks and private bankers doing Eo reign business in this State and having no fixed amount of capi- banks, h ow tal paid in and u.sed permanently in the conduct of such taxed. I lo gb:nkrai. i.aWvS. Arbilarv as- sessment, Avheii. Property un- der contract. Railroad cor- porations t o return sworn lists. When .sched- ules to be m a d e o n t, what to con- tain, etc. Rii»ht-(jf-way. busiiie.ss, shall be assessed on an amount equal to a general average of money used as exhibited by daily or monthly balance sheets during the year preceding the time of ren- dering such tax list to the Assessor. Ifsuch bank or banker shall refuse to make such return of capital as above provid- ed, then the Assessor shall proceed to make an arbitrary as- sessment. which shall be as fair and as equable as he may be able to make from the best information he possesses. (March 15. 1893, Sec. 25. In effect immediately.) Sec. 26. Property held under a contract for the pur- chase thereof, belonging to the State, County or munici- pality, and school and other State lands, shall be considered, for all purposes of taxation, as the property of the person, .so holding the same. (March 15, 1893. Sec. 26. In effect immediately (. Sec 28. Every person, company or corporation own- ing. operating or constructing a railroad in this Btale shall return sworn li.sts or schedules of the taxable property of such railroads as hereinafter provided. .Such property shall be listed and a.ssessed with reference to the amount, kind and value, on the hrst day of April of the year in which it is listed. (March 15. 1893, 28. In effect im- mediately. ) Sec. 29. They shall in the month of April of the vear eighteen hundred and ninety-three, and at the .same time each year thereafter, make out and file with the County Asses.sors of the respective Counties in which the railroad may be located, a statement or .‘schedule showing the prop- erty held for right-of-way in each County and in each City,. Town or Village in the County through or into which the road may run, and describing each tract of land, other than a City, Town or Village lot, through which the road may run, in accordance with the United vStates surveys, where the laud is surveyed, giving the width and length of the strip of land held in each tract, and the number of acres thereof They shall also state the value of improvements and stations located on the right of-way New companies shall make such statement in April next after the location of their roads. (March 15. 1893, Sec 29. In effect imme- diately. ) Sec. 30. All land occupied and claimed exclusively as the right-of-way for railroads by railroad companies or cor- ])orations. with all the tracks and all the substructures and GENERAL LAWvS. 1 1 r superstructures which support the same, must be assessed as a whole and as real estate, without separating the same into lands and improv^ements, at a certain sum per mile, which sum, like other lands, shall be full cash value thereof, and all such real estate situated in the vState, occupied and claimed by any railroad company as such right-of-way shall be deemed to be the property of such company for the pur- poses of taxation, (March 15, 1893, Sec. 30 In effect im- mediately 1 Sec. 31. All railroad improvements, other than the track, substructures and superstructures which support the same, wherever situated, upon the land occupied as the right-of-way owned or occupied by any railroad company or person, used or occupied as such right-of-way, must be separately assessed as personal property. (March 15, 1893, Sec. 31. In effect immediately.) Sec. 32. The value of the “railroad track’’ shall be listed and taxed in the several Counties in the proportion that the length of the main track in such County bears to the whole length of the road in the State, except the value of the side or second track, and all turnouts, and all station houses, depots, machine shops, or other buildings belonging to the road, which shall be taxed in the County in which the same are located. (March 15, 1893, Sec. 32. In effect immediately. ) Sec. 33. The moveable property l)elonging to a rail- road company shall be held to be a personal property, and denominated, for the purpose of taxation, “rolling stock.” Every person, company or corporation owning, construct- ing or operating a railroad in this State shall, in the month of April, annuallv return a list or schedule to the Countv Assessor of each County wherein they hold or own property, which shall contain a correct detailed inventory of the roll- ing stock belonging to such company, and which shall dis- tinctly set forth the number of locomotives of all classes,, passenger cars of all classes, sleeping and dining cars, ex- press cars, baggage cars, house cars, cattle cars, coal cars, platform cars, wrecking cars, pay cars, hand cars, and all other kinds of cars. (March 15, 1893, Sec. 33. In effect immediately.) Sec. 34. The rolling stock shall be listed and taxed in the several Counties in the proportion that the length of the main track used or operated in such County bears to Railroad im- provemen t ,s, when deem- e d personal property. Values listed and taxed in each County relatively. M o V e a hie railroad prop- erty treated as personal. lasts, w h a t to contain. Rolling' stock . how li s t e d and taxed 4 1 I 2 GKNKRAL LAWS Otlicr r a i 1 - road personal properly, when taxed. Tel e <;■ r a p h and t e 1 e - phone coin- l>anies to re- turn lists of property t o Asses.sor,and what lists to contain. the vvliole leiigtli of the road used or operated by such per- son, company or corporation, whether owned or leased bv him or them in whole or in part. Said list or .schedule shall set forth the number of miles of main track on which said rolling stock is used iu the vState of Washington, and the number of tniles of main track on wdiich said rolling .stock is used elsewhere. (March 15, 1893, Sec. 34. In effect immediateh". ) vSkc. 35. All tools, machinery and material for repairs, and all other per.sonal property of any railroad company, except “rolling stock,” shall be li.sted and assessed as per- sonal property in the County wherever the same may be on the first day of April of each year. All the real estate other than that denominated railroad track and right-of-way, be- longing to any railroad, shall be listed as lands or lots, as the case may be, in the County where the same are located, and shall be assessed with the improvements in. the same manner as other similar })roperty is as.se.s.sed. (March 15, 1893, vSec. 35. In effect immediately.) Skc. 36. The proper officer of each railroad shall re- turn to the As.se.ssor of the County a copy of the schedule or list of the real estate and of the personal property per- taining to the railroad ; and such real and personal prop- erty shall be a.s.se.ssed by the Asse.ssor. vSuch proptrtv .shall be treated in all respects, in regard to assessment and equalization, the same as other similar propertv belong- ing to railroads under the terms “lands,” “lots” and “per- sonal property." (March 15, 1893, vSec. 36. lu effect im- mediateh". ) vSkc. 40. Aliy per.son, company or corporation using or operating a telegraph, telephone or electric light line in this State, shall, annually, in the month of April, return to the County As.se.s.sor a schedule or statement, under oath,.as follows; First; The amount of capital .stock authorized, and the number of .shares into which said capital stock is divided. vSecond; The amount of capital .stock paid up. Third; The market value, or, if no market value, then the actual value of the .shares of stock. Fourth; The total amount of all indebtedne.ss, except current expenses for operating the line. Fifth; The length of the line operated in each County, and the total length in the State. Sixth ; The total a.s.ses.sed valuation of its tangible property in this vState. Such schedule shall give the date, character, extent I (iKNKRAL LAWvS. iind value of such franchise, the number of poles per mile, the number of wires, and ever^- electric light coinpaii}' shall give the kind of lights and the number of each kind sup- plied, the location and value of the electric plant, whether the ground is owned or leased, and if leased, the owner’s name, and the value of the plant separate from such ground. Such schedule shall be made in conformity to such instruc- tions and forms as may be prescribed by the vState Auditor, and with reference to amounts and values on the first day of April of the year for which the return is made, and it shall be the dut}' of the Countv Assessor to transmit a copy of such schedule to the vState Auditor on or before the first Monday in vSeptember of each year. All property, real and personal, owned b}' such person, comi3any or corporation and situated in this State must be listed and assessed for taxation, and shall be subject to the same levies as the propert3' of individuals, and the same rules that govern other companies-and corporations. (March 15, 1893, Sec. 40. In effect immediately. ) Skc. 41. If any person or corporation shall give a false or fraudulent list, schedule or statement required b}' this act, or shall fail or refuse to deliver to the Assessor, when called on for that purpose, a list of the taxable personal property which he is required to list under this act, he or it shall be liable to a penalty of not less than ten dollars nor more than two thousand dollars, to be recovered in aiu’ proper form of action in the name of the State of Wash- ington, on the complaint of an\" person, such line when col- lected to be paid into the County treasur}- to the credit of the general fund. (March 15, 1893, Sec. 41. In effect im- mediateh-.) Sp:c. 42. Whoever shall wilfulh' make a false list, schedule or statement, under oath, shall, in addition to the penalty provided in the preceding section, be liable as in case of perjury. (Alarch 15, 1893, vSec. 42. In effect ininie- diatel}-. ) vSec. 43. All life, life and accident, fire, lire and marine, plate glass and steam boiler insurance companies now doing business in this vState, and all other insurance companies not herein mentioned, or that may hereafter do business in this State, must file with the State Auditor an- nually, on or before the first day of April in each \'ear, a statement, under oath, stating the amount of all premiums 113 State Aiulitor t o prescribe forms of schedules. All property to b e listed for taxation. I'enalt}' for giving- false statements. Same. In s u r a n c e companies to be taxed on premiums. CtKNKRAL LAWvS. 1 14 I’enalty for failure to pay tax. Prov'iso. l'roi)ert\- t o 1 ) e asse.ssed at its true value in mone3' : liow (let e r m i 11 e value. received by said company during the year and the amount of all losses paid, and shall pay into the vState treasury a tax of two per cent, on all such premiums collected, less the amount los.ses paid. The Auditor of vState shall file such verified statement and schedule in his office and certify the amount of such gro.ss receipts, le.ss losses as afore.said, t® the vState treasurer. Within ten days thereafter .such imsurance company shall pay or cause to be paid into the State treas- ury a tax of two per cent, upon all such gross receipts, less such losses paid in the State of Washington, which pay- ment when so made, shall be in lieu of all taxes upon the personal property of .such company and the shares of .stock therein. Any insurance company failing or refu.sing to ren- der .such statement and to pay the required two per cent, tax thereon for more than thirty days after the time .so specified shall be liable to a fine of one hundred dollars for each additional day such statement and payment is delayed, and the taxes may be collected by distraint and the fine recovered by an action to be imstituted bv the Attornev General, in the name of the State, in any court of competent jurisdiction, and such company is enjoined from doing busi- ne.ss in this State until such payment of taxes, and fine, should any be imposed, is fully made, and notice thereof given to the Auditor of State, as required in all other in- stances, upon payment of taxes or other moneys to the State trea.surer ; provided, that all real property, if any, of .such company shall be li.sted, as.se.ssed and taxed the .same as real property of like character of indiyiduals. (March 15, 1893. vSec. 43. In effect immediately.) Skc. 44. All property shall be as.se.s.sed at its true and fair yalue in money. In determining the true and fair yalue of real or personal property, the Asse.ssor shall not adopt a lower or different standard of yalue becau.se the .same is to serve as a basis of taxation ; nor shall he adopt as a criterion of yalue th,e price for which the said prop- erty would .sell at auction, or at a forced sale, or in the aggregate with all the property in the Toavii or District ; l)ut he shall value each article or description of property by itself, and at such sum or price as he believes the same to be fairly worth in money at the time such a.sse,s.sment is made. In a.s.se.ssing any tract or lot of real property, the value of the land, exclusive of improvements, shall be de- termined; also the value of all improvements and .structures thereon, and the aggregate value of the property, includ- GENERAL LAWvS. 1 15 ing all structures and other iniprovenients, excluding the value of crons growing upon cultivated land. In valuing any real property upon which there is a coal or other mine, or stone or other quarry, the same shall be valued at such a price as such property, including the mine or quarry, would sell at a fair, voluntary sale for cash. Taxable leasehold estates shall be valued at such a price as they would bring at a fair, voluntary sale for cash. Money whether in possession or on deposit, shall be entered in the statement at the full amount thereof. (March 15, 1893, Sec. 44. In effect immediately.) Sec. 45. The Assessor shall list all real property ac- cording to the smallest legal subdivision, as near as practi- cable, and where land has been platted into lots and blocks, he shall list each lot or fraction thereof separately; provided, that when several lots in any block, or several blocks in any plat of any addition, subdivision or tovvnsite, or several tracts of land shall be owned by any one person, firm, syndicate or corporation, the Assessor may group such lots and blocks and tracts so far as practicable. The Assessor shall make out in the real property assessment book, in numerical order, complete lists of all lands or lots subject to taxation, show- ing the names of owners, if to him known, and if unknown, so stated opposite each tract or lot in pencil memorandum, the number of acres and lotsor parts of lots included in each description of property. The assessment books and blanks shall be in readiness for delivery to the Assessors on the first Monday of February of each year. (March 23, 1895, vSec.4. In effect immediately.) Sec. 50. If any person required by this act to list property shall be sick or absent when the Assessor calls for a list of his property, the Assessor shall leave at the office or usual place of residence or business of such person, a written or printed notice requiring such person to make out and leave at the place named by said Assessor, on or before some convenient day named therein, the statement or list required by this act. The date of leaving such notice and the name of the person required to list the property shall be noted by the Assessor in his assessment book. (March 15, 1893, Sec. 50. In effect immediately). Sec. 51. In every case where any person whose duty it is to list personal property for taxation has refused or neglected to list the same when called on by the Assessor Real proper- ty listed iti num e r i c a 1 order. Notice td be left ill case of sickness or absence of property owner. Refusal or neglect to list property. ('tKNKRAJ. i.aws. 1 16 for tliat pur])ose, or to take and snl)scril)e an oath in regard to the truth of his statement of personal property or any part thereof, when recpiired by the Assessor, the Assessor sliall enter opposite the name of such person, in an appro- ])riate column, the words “ refused to list,” or ” refused to swear,” as the case may be; and in every case where any person required to list property for taxation has been ab- sent or unable from sickness to list the same, the Assessor shall list the property of such person and enter oppOvSite the name of such person, in an appropriate column, the words Assessor may “absent or sick.” The Assessor is hereby authorized to administer administer oaihs to all persons who, by the provisions of oaths. this act, are required to swear, or whom he may require to testify in any case, and he may examine upon oath anv person whom he may suppose to have knowledge of the amount or value of the personal property of anv person re- fusing to list or verify his list of personal property. The Assessor shall report to the County l)oard of equalization all cases where the owner or agent of property assessed was, at the time of assessment, either absent or sick or refused to make a sworn statement in reference thereto. ; March ^ 5 > '^ec. 51. In effect immediatelv). Failure to ob- tain list.s. Oaths. How collect- ed, and dis- traint of property. vShc. 54. In all cases of a failure to obtain a .statement of personal property, from any cause, it shall be the duty of the As.sessor to ascertain the amount and value of such property, and as.sess the .same at such amount as he believes to be the true value thereof. The A.s.se.s.sor, when requested, shall* deliver to the person a.s.se.s.sed a copy of the statement of property hereinbefore required, showing the valuation of the property so listed, which copy shall be signed by the A.ssessor. (March 15, 1893, vSec. 54. fn effect immediately). vSkc. 58. Any oath authorized to be administered un- der this act may be admini.stered by any As.se.ssor or Deputy A.s.se.ssor, or by any other officer having authority to ad- minister oaths. (March 15, 1893, Sec. 58. In effect imme- diately). Skc. 72. Immediately after the hr.st day of Decenilier, the County Treasurer shall proceed to collect all delinquent pensonal property taxes, and if .such taxes are not paid on demand he shall distrain sufficient goods and chattels be- longing to the person charged with .such taxes, if found within the County, to pay the same, with the said penalty and intere.st, together with all accruing co.sts, and shall im- mediately proceed to adverti.se tlie .same, by po.sting writ- ten notices thereof in three public places in the County in which such property has been levied upon, stating the time when and the place where such property will be sold; and if the taxes for which said property is distrained, and the costs which accrue thereon, are not paid before the date ap- pointed for such sale, which shall not be less than ten days after the taking of such property, such Treasurer shall pro- ceed to sell such property at public auction, or so much thereof as will be sufficient to pay such taxes, penalty, in- terest and costs, and if there be any overplus of money arising from the sale of an}' personal property, the Treas- urer shall immediately pay any such overplus to the owner of the property so sold, or to his legal representatives. (March 23, 1895, Sec. 15. In effect immediately). Skc. 73. If the County Treasurer is unable, for the want of goods or chattels whereupon to levy, to collect by distress or otherwise, the taxes, or any part thereof, which mav have been assessed upon the personal property of any per.son or corporation, or any executor or administrator, guardian, receiver, accounting officer, agent or factor, such Treasurer shall'file with the County Auditor, on the first day of March following, a list of such taxes, with an affidavit of himself, or of the Deputy Treasurer entrusted with the collection of said taxes, stating that he had made diligent search and inquiry for goods and chattels wherewith to make such taxes, and was unable to make or collect the same. The County Auditor shall deliver such list and affi- davit to the boa^d of County Commissioners at their first session thereafter, and the\ shall cancel such taxes as they are satisfied cannot be collected. The County Auditor shall then certify to the State Auditor the amount of State tax thus found to be delinquent and uncollectible, which amount shall be deducted from the amount to be paid by such County to the State Treasurer on account of such taxes. (March 23, 1895, Sec. 16. In effect immediately). Skc. 79 All taxes and levies which may hereafter be lawfully imposed or assessed shall be and they are hereby declared to be a lien respectively upon the real estate upon which they may hereafter be imposed or assessed, which liens shall include all charges and expenses of and concern- ing the said taxes which, by the provisions of this act, are directed to be made. The said lien shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibilty to or In ca.se of fail- ure to collect, to file list with Comity Auditor. Ta.Kes to be a lieu. GENERAL LAWS. I.ien may be satisfied, how All property heretofore sold to Coun- ties for delin- quent taxes deemed reg- istered, when. with whicli said real estate may become charged or liable. (IVIarch 23, 1895, Sec. 19. In effect immediately ). Shic. Si. Any person being the owner or having an in- • terest in an estate or claim to real estate against which taxes- shall have been registered as unpaid may pay the same and satisfy the lien at any time before suit or sale of said real estate. The per.son or authority who .shall collect or receive the same shall give a certificate that such taxes have been so paid to the person or persons entitled to demand such certificate. Upon neglect or refusal by such officer or au- thority to so certify the same within ten days after the re- ceipt of such registered taxes, and to enter satisfaction thereof, such officer shall forfeit and pay to the party ag- grieved by such neglect the sum of twenty-five dollars, to be recovered in any court having competent jurisdiction, and such court, when satisfied that .such registered taxes have been paid, shall issue an order in writing directing the County Treasurer and County Auditor to enter'satisfaction upon such duplicate register of the taxes so paid. (March LL ^‘‘^ 93 - Scc- S4. In effect immediately). Skc. 82. All lots, tracts and parcels of land heretofore sold to Counties for delinquent taxes, which taxes are due and remaining unpaid at the date of the approval of this act or for the collection of which suit has been instituted but no judgment ordering such property sold for said taxes has been rendered, as shown by the register of unpaid taxe.s on file in the offices of the several County Treasurers, shall be deemed to be registered under the provisions of thisactr and suit to enforce the payment of such unpaid taxes, to- gether with penalty, interest, costs and expenses, shall be instituted and payment enforced under the provisions of this act. (March 15, 1893, Sec. 85. In effect immediately). Skc 83 When any tax on real estate is paid by or col- lected of any occupant or tenant, or any other person, which, by agreement or otherwise, ought to have been paid by the owner, les.sor or other partv in intere.st. such occu- pant. tenant or other person may recover by action the amount which such owner, le.s.sor or parly in intere.st ought to have paid, with interest thereon at the rate of ten per cent, per annum, or he may retain the .same from any rent due or accruing from hinr to such owner or le.ssor for real estate on which such tax is so paid; and the same shall, un- til paid, constitute a lien upon such real estate. (March 15. 1893, vSec 86. In effect immediately). (;knkral ].aWvS Skc. Sj.. Any person who has a lien, by mortgage or otherwise, upon an\- real property upon which the taxes have not been paid, may pay such taxes and the interest, penalty and costs thereon; and the receipt of the County Treasurer shall constitute an additional lien on such land, to the amount therein stated; and the amount so paid and the interest thereon, at the rate specified in the mortgage or other instrument, shall be collectible with, or as a part of, and in the .same manner as the amount secured by, the original lien. (March 15, 1893, Sec 87. In effect immedi- ately). Sec. 85. The taxes assessed upon real property shall be when lien a lien thereon from and including the first day of April in attaches, the year in which they are levied until the same are paid; but as between a grantor and grantee such lien shall not at- tach until the first day of January of the succeeding year. The taxes asses.sed upon per.sonal property shall be a lien upon all of the personal property of the person assessed, and also upon the property so assessed if the possession thereof shall have been transferred, from and after the first da)' of January next succeeding the date of the levy of such taxes. (March 23. 1895. vSec. 2f. In effect immedi- ately). Sec. 86. If the County Treasurer has reason to believe, Ealse .state- or is informed, that any person has given to the Assessor a nieut. false .statement of his personal property; or that the As- .sessor has not returned the full amount of property re- quired to be listed in his County; or has omiited or made an erroneous return of any property which is by law sub- ject to taxation; or if it .shall come to his knowledge that there is property of a non-resident of his County which is about to be removed from the State, which has not been listed for taxation for the current year, he shall proceed, at any time before the final settlement with the County Au- ditor, to correct the return of the .Assessor and to charge the owner of said property on the tax list with the proper amount of taxes. To enable him to do this he is hereby authorized and empowered to issue compulsory process and to require the attendance of any person whom he may sup- pose to have a knowledge of the articles, or value of the property, and to examine such person on oath in relation to such statement or return; and the Treasurer shall in all such cases notify every such person, before making the en- try upon the tax li.st, that such person may have an oppor- 120 (tKNKRAIv laws. Auditor .shal p r e sc r i 1) form. tunit}’ of .showing that his statement, or the return of the A.ssessor, is correct; the County Treasurer sliall in all cases file in his office the statement of facts or evidence upon which he made such corrections. (March 23, 1895. Sec. 22. In effect immediately.) Skc. 87. If any tax on any property liable to taxa- tion is prevented from bein^ collected for any year or years, bv reason of any erroneous proceeding, or other cau.se. the amount of such tax which such property should iia\e paid shall be added to the tax on such propertv for the next .succeeding year. (March 15, 1893, Sec. 90. In effect immediately. ) Skc. 88. At the time of making the assessment of real property the Assessor shall enter each description of prop- erty exempt under the provisions of .section five of this act, and value and H.st the same in the manner and subject to the same rule as he is required to asse.ss all other property, designating in each case to whom such propertv belongs, and for what purpose used, to entitle it to exemption. (March 15, 1S93, ^‘^ec. 91. lu effect immediately.) Skc 90 Whenever a civil action is commenced against any person holding the office of County Treasurer, Couutv Auditor or any other officer for performing or attempting to perform any duty authorized or directed l)v any staC ute of this State for the collection of the public revenue, such Trea.su rer, Auditor or other officer may, in the dis- cretion of the court before whom such action is brought, by an order made by such court and entered in the minutes thereof, be allowed and paid out of the Couutv treasury rea- sonable fees of counsel and other expenses for defending such action. (IMarcli 15, 1893, vSec. 93. In effect imme- diately.) Skc. 92. Ihe Auditor ofvState shall prescribe the forms of all blanksand books required under the provisions ofthis act, and, except as hereinafter provided, shall have all detail li.sts, schedules and a.ssessrneut books to be u.sed in connec- tion with the assessment and collection of the public revenue printed and. when necessary, bound at the expense of the vState, and furnished in sufficient size and quantities to the several Counties as ma}- be reipiired; provided, that in pre- paring such assessment books the State Auditor shall follow, substantially, the following form; ASSESSMENT AND TAX ROEL OF READ FROl'ERTY IN GENKRAIv LAWvS. E:jualizetl value b\- state board ' ^ F'qualized value bv county board No. of school district 1 1 No. of road distinct Aggregate assessed valuation of railroad track | 1 Aggregate assessed valuation of town or city lots Value of improvements on town or city lots 1 rkf* ifWK ’ n nr ni t v lots; . . , Aggregate assessed valuation of lands and ini- provciiiciits thcr^oii or, Value of improvements on lands Value of lands No, of acres improved No. of acres y f No. of \ X -- C No. of section 1 K • DESCRIPTION O PKOl Part of sec- tion, dona- tion, mining or other claim; name of city, town, village or ad- dition there- to. 1 1 Name of per- son, firm, company or corporation : assessed as owners. i Nh). of line ! C'tKNKRAL LAWvS 123 Aud provided further, that Counties may provide their Counties may own assessment books and blanks, the expense of such provide their books and blanks to be paid by the County. The assess- blanks, nient books and blanks shall be in readinesss for delivery etc. to the Asseesor on the first Monday of March in each year. The State Auditor shall decide all questions that State Auditor may arise in reference to the true construction or inter- to decide all pretation of this act, or any part thereof, in connection questions with the advice and opinion of the Attorney General of concernino- the State, and such decision shall have force and effect interpreta- until annulled by the judgment or decree of a court of tion of this competent jurisdiction. (March 23, 1 895, Sec. 20 In effect act. immediately, j Sec. 93. The C'ounty Treasurer shall, during the month Notice of ap- of April in the third calendar year following the date of nbcatioif for delinquency of any taxes on real property, publish an ad- judgment, vertisement giving notice of the intended application for judgment for sale of such delinquent lands and lots, in a newspaper published in his County, if any such there be, or if there be no such paper printed in his County, then he shall post three notices of such intended application in the most conspicuous places in such County, one of which shall be at the door of the court house at the County seat of such Counlv. Said adverti.sement shall be published once each week for three successive publications, and the last of such publication shall be at least one week prior to the date fixed in such advertisement for such intended application. vSaid advertisement shall contain a list of the delinquent lands and lots upon which the taxes remain due and un- paid, the names of the owners, if known, the total amount due thereon, and the year or years for which the same are due. Said Treasurer shall therein give notice that on the second Monday of May in such year he will apply to the Superior court of his County for judgment against said lands and lots, for said taxes, penalties, intere.st and costs, and for an order to sell said lots and lands for the satisfac- tion thereof; and shall also give notice that on the first Mondav of September following, the lots and lands, for the sale of which an or^er shall be made, will be exposed to public sale at the front door of the court house in said Countv, for the amount of taxes, penalties, interest and costs due thereon ; and the advertisement, published ac- cording to the provisions of this section, shall be deemed to be sufficient notice of the intended application for judg- 124 Clerk’s fees. Comp e n s a- tion. Treasurer to select real proper! y t o be held for p e r s o 11 a 1 property tax. ('tKNKRAIv LAWvS. inent, and of the sale of the lands and lots nnder the order oPthe said court. Where the publisher of any paper that inav have been selected by the County Treasurer shall be unable or unwillinjr to publish such advertisement, said Ireasurer shall select some other newspaper, having due re- gard to the circulation of such paper, or shall post the no- tices hereinbefore prescribed ; Provided, that the price charged by any newspaper for such publication shall not exceed in any case the sum of thirty cents for each de.scri])- tion. The Clerk of the cotiit shall charge against each de- linquent owner the same fees as are charged for similar services in a civil action, and where several tracts belong to one person, firm or corporation, the fee shall be charg"^ ed against such person, firm or corporation for a single action . Provided, that when the tax is not contested the entire charges against any one owner shall not ex- ceed one dollar (INIarch 23. 1895, Sec. 23. In effect im- mediately.) SpX'. 94. When it becomes necessary, in the opinion of the County ireasurer, to charge the tax on personal prop- ert} against real property, in order that such personal prop- erty tax may be collected, such County Treasurer shall select for that pin pose some particular tract or lots of real property owned by the person owing such personal property tax, and in his advertisement for judgment and sale shall designate the particular tract or lots of real propertv against which such personal property tax is charged, and in the list filed for judgment the same facts shall be shown and the court shall take cognizance thereof, and give judgment against such tract or lots of real property for such itersonal property tax. In all proceedings relative to assessing, ad- verti.sing or selling lots or lands for taxes, and anv entries required to be made by the Clerk of the court, or other offi- cer, letters, figures and characters may be used to denote townships, ranges, sections, parts of sections, lots or blocks, or parts thereot, the year or the years for which the taxes were due, and the amount of taxes, assessments, penalties, interest and costs. Whenever the abbreviation “do,” or character ',, or aii}- other similar abbreviations or char- acters shall be used in any such proceedings, thev shall be construed and held as meaning and being the .same name- word, initial, letters, abbreviations, figure or figures, as the last preceding such “do” and or other similar charac- ters. In adverti.sing, the whole of such advertisement shall gkn?:ral laws. 125 be contained in one edition of such newspaper, and such list shall not be published in supplemental form; provided, that nothing contained in this section shall prevent the Comity Treasurer from subsequently advertising and ob- taining judgment on lands or lots that may have lieen omitted through no fault of the Treasurer, or that may have been erroneously advertised or described in the first advertisement. (March 15, 1893, Sec. 97. In effect imnie- diateh'.) vSkc. 95. All applications for judgment and order of sale for taxes and assessments, together with penalties, in- terest and costs, on delinquent lands and lots, shall be made to the .Superior court of such County at the time hereinbe- fore specified, to wit; On the second Monday of Ma}' in the third, calendar year following the date of the delinquenci’ of such taxes and assessments. If from any cause the .Su- perior court shall not be in session on such day the cause shall stand continued, and it shall not be necessary to re- advertise the list or notice required by law to be advertised before judgment and sale, but as soon thereafter as the same can be heard said court shall hear and determine the matter, and if judgment is rendered the sale shall be made on the fir.st INIonday in .September following If from any cause the County Treasurer is prevented from advertising and ob- taining judgment at said time it shall be held to be legal to obtain judgment at any subsequent time when said court is in sess'ou, but if the failure arises from the County Treas- urer’s not complying with any of the recpdrenients of this act, he shall be held on his official bond for the full amount of all taxes and assessments, together with j)enalties, inter- e.st and costs charged against him; provided, that no such failure on the part of the County Treasurer shall not be al- lowed as a valid objection to the collection of any tax or assessment, or to the rendition of judgment against any de- limiuent lands or lots included in the application of such County Treasurer; and provided further, that on the appli- cation for judgment at such subsequent term it shall not be deemed necessar}' to set forth or establi.sh the reasons of such failure. (March 23, 1895, .Sec. 24. In effect immedi- ately). Skc. 96, The printer, publisher or financial officer or agent of the newspaper publi.shing the list of the delinquent lands or lots shall transmit and deliver to the County Trea.s- urer .seven copies of the paper containing said list, to each of which he shall attach his certificate, under oath, of the Proviso. Applications for judgnient and order of sale to he made to Su- perior court. Provi.so. Certified list under oath to be turnished the County 'treasurer. Krror in ad- vertised list. County Trras- nrer to tran- •scribe in record. What record is to contain. due piiblicatioii of the delinquent list for the time required by law, (two of which copies shall be presented by the County Treasurer to the County court at the time jud|rmeut is prayed,) and said copies shall be filed as a part of the records of the court. Upon receipt of said papers by said County Treasurer it shall be his duty to file two copies of said paper in his office and deliver at least three copies to the County Auditor, all of which officers shall file and safely preserve them in their respective offices. (March 15, 1893, Sec 99. In effect immediately). vSec. 97 In all cases where there is an error in the ad- vertised list, the fault thereof being the printer’s, which prevents judgment being obtained against any tracts or lots, or against all of said delinquent list, at the time stated in the advertisement that judgment will be applied for, the printer shall lose the compensation allowed Iw law, or by contract, for publishing the advertisement of sucherroneous descriptions of tracts, or lots, or for publishing the entire list, as the case may be. (March 15, 1893, vSec. 100 In effect nnmediately). Sec 98 riie Count\’ Treasurer shall transcribe into a book prepared for that purpose, and known as the tax judg- ment sale, redemption and forfeiture record, the list of de- linquent lands or lots, which shall be made out in numerical order, and which shall contain all the information necessarv to be recorded, at least five days before the commencement of the term at which application for judgment is to be made, which book shall set forth the name of the owner, if known, the proper description of the land or lot. the year or years for which the taxes or assessments are due, the valuation on which the tax is extended, the amount of the taxes and as.sessments, together with the peimlties, interest and costs charged against such land or lot Said book shall also be ruled in columns, so as to show the amount paid before the rendition of judgment, the amount of judgment, and a column for remarks, the amount paid before the sale and after the rendition of said judgment, the amount of the sale, amount of interest or penalty, amount of cost, amount for- feited to the County, date of sale, acres or part sold, name of purchaser, amount of sale and penalty, taxes of succeed- ing yeans, interest and when paid, interest and cost, total amount of redemption, date of redemption, when deed ex- GKNKRAL LAWvS. 127 edited, hy whom redeemed, and a column for remarks, or receipt of redemption money. (IMarcli 15. 1893, vSec. loi. In effect immediately). Skc. 99. Any person owning an interest in lands or lotsupon which judgment is prayed, as provided in this act, may in person or by agent pay the taxes, assessments, pen- alties, interest and costs due tliereou to the County Treas- urer of the County in which the same are situated at any time before sale; and for the amount so paid he shall have a lien on the property liable for taxes, assessments, penal- ties, interest and costs for wdiicli judgment is prayed. (March 15, 1893, vSec. 102. In effect immediately). Skc ioo. On or before the morning of the day on which judgment on delinquent lands or lots is prayed, it shall be the duty of the Treasurer to report to the Clerk of the Superior court all the lands or lots, as the case may be, upon which taxes and assessments, together with penalties, interest and costs have been paid, if any, from the filing of the list mentioned in section 95. up to that time, and the Clerk shall note the fact opposite each tract' upon which such payments have been made. ( March 15, 1893, vSec. 103. In effect immediately). Sec. ioi. The Treasurer, assisted by the Clerk, shall prepare and correct said list and shall make and sub- .scribe an affidavit, which shall be substantially in the fol- lowing form : I, ^ , Treasurer of the County of , vState of Washington, do solemnly swear (or affirm, as the -case may be ) that the foregoing is a true and correct list of the delinquent lands and lots within the County of , for the year, or years, therein specified upon which I have been unable to collect the taxes, assessments, penal- ties, interest and costs charged thereon as required by law; and that said taxes now remain due and unpaid, as I verily believe. ^ County Treasurer. vSaid affidavit shall be entered at the end of the list and signed by the Treasurer, duly attested by his seal. (March 15 ) 1^93) Sec. 104. In effect immediately.) vSkc. 102. The court shall examine said list, and if de- fense (specifying in writing the particular cause of objec- tion) be offered by any person interested in an\- of said lands or lots to the entry of judgment against the same, the I.ieii on prop- erty for taxes paid hy one liaving- in- terest. Treasurer’s rei^ort to Su- perior court. Affidavit o f Trea, surer. Court to liear and deter- inine s n in - marily. 12S c;knkral IvAWvS court shall hear and detennine the matter in a summary manner, without pleadings, and shall i)ronounce judgment as the right of the case ma}- be; or said court may, in its discretion, continue such individual cases, wherein defense is offered, to such time as it may deem necessary, in order to secure substantial justice to the defendant therein; but in all other cases said court shall proceed to determine the matter in a summary manner as above specified. The court shall give judgment for such taxes, assessments, penalties, interest and costs as shall appear to be due upon the several lots or tracts described in said notice of application, and such judgment shall be considered as a several judg- ment against each tract or lot, or part of a traet or lot, for each kind of tax or assessment included therein, including all penalties interest and costs, and the court shall order and direct the Clerk to make out and enter an order for the sale of such real property against which judgment is made, which shall be substantially in the^ following form; Form of order “Whereas, due notice has been- given of the intended of sale. application to this court fora judgment against the lands and lots hereinbefore described, and no sufficient evidence having been made or cause shown why judgment should not be entered against said lands or lots for taxes, assess- ments, interest, penalties and costs due and entered there- on for the year or years herein set forth ; therefore, it is considered, adjudged and decreed by this court that judg- ment be and is hereb}- entered against the aforesaid tract or tracts or lots of land, or parts of tracts or lots (as the case may be), in favor of the State of Washington, for the sum annexed to each, being the amount of taxes, as- sessments, penalties, interest and costs due severally there- on, and it is ordered by the court that the said several tracts or lots of land, or so much of each of them as shall be sufficient to satisfy the amount of taxes, assess- ments, penalties, interest and costs annexed to them sev- , erallv, be sold as the law directs, and on the day of— , i8— Said order shall be signed by the Judge of such vSuper- ior court and attested b\’ the Clerk thereof, and a certified Certified copy copy of said order together with a certified list of the prop- of order to be erty therein ordered sold shall be served upon the County .served upon Treasurer, and the said service shall be full and sufficient t h e County authority for him to proceed to sell said property for said Trea.surer. sums set forth in said order and to take such further steps ("tKXKRAIv j.aws. 129 ill the matter as are provided l)y law. In all judicial pro- ceedings of any kind for the eolleetion of taxes, assessments, and the penalties, interest and eosts therein, all amend- ments may be made which, by law, can be made in an v per- sonal action ijending in such court, and no assessments of property or charge for any of said taxes shall be considered illegal on account of any irregularity in the tax lists or as- sessment roll, or on account of the assessment rolls or tax lists noyiaving been made, completed or returned within the time required by law, or on account of the property hav- ing been charged, or listed, in the assessment or tax list without name, or any other name than that of the original owner, and no error or informality in the proceedings of any of the officers connected with the assessment, levying or collection of the taxes, not effecting the substantial jus- tice of the tax itself, shall vitiate or in aip\ manner affect the tax, or the assessment thereof, and any irregularity or informality in the assessment rolls, or tax lists, or in any of the proceedings connected with the assessment or lev}' of such taxes, or any omission or defective act of any officer or officers connected with the assessment or levying of such taxes may be, in the discretion of the court, corrected, supplied and made to conform to law bv the court. (March 15, 1893, vSec. 105. In effect imme- diately. i vSkc. 103. A])peals from the judgment of the court may be taken to the vSupreine court at any time within .six months after the rendition of said judgment, on the party praying an appeal executing a bond to the vState of Washington, with two or more sureties to be approved bv the court, in some reasonable amount to be fixed by the court, conditioned that the appellant will prosecute his said appeal with effect, and will pay the amount of any taxes, as.sessments, penal- ties, interest and costs which may finally be adjudged against the real estate involved in the appeal by any court having jurisdiction of the cause. But no appeal shall be allowed from any judgment for the sale of lands or lots for taxes, nor shall any writ of error to rever.se such judgment operate as a supersedeas, unless the party praying such ap- peal, or de.siring .such a writ of error, shall, before taking .such appeal, or suing out such a writ of error, deposit with the County Treasurer an amount of money equal to the amount of the judgment and costs. If in ca.se of an appeal, or .suing out a writ of error, the judgment shall be con- .\meiidment.s may be made. Appeals to Su- preme court. 130 (tENKRAIv IvAWvS. li I firmed in whole or in part, the Supreme court shall enter judgment for the amount of taxes, with damages, not to exceed ten per cent., and order that the amount deposited with the Treasurer aforesaid, or so much thereof as may be necessary, be credited upon the judgment so rendered, and execution shall issue for the balance of said judgment, damages and costs. The Clerk of the Supreme court shall transmit to said County Treasurer a certified copy of the order of affirmance, and it shall be the duty of suc% County Treasurer, upon receiving the same, to apply so much of the amount deposited with him, as aforesaid, as shall be neces- sary to satisfy the amount of the judgment of the Supreme court, and to account for the same as collected taxes. If the judgment of the Superior court shall be reversed, and the cause remanded for a re-hearing, and if, upon the re-hear- ing, judgment shall be rendered for the sale of the land or lots for taxes, or any part thereof, and such judgment lie not appealed from, or writ of error prosecuted with super- sedeas issued thereon, as herein provided, the Clerk of such Superior court shall certify to the County Treasurer the amount of such judgment, and thereupon it shall be the duty of the County Treasurer to certify to the County Clerk the amount deposited with him, as aforesaid, and the County Clerk shall credit the said judgment with the amount of such deposit, or so much thereof as will satisfy the judg- ment, and the County Treasurer shall be chargeable and accountable for the amount so credited as collected taxes. Nothing herein done shall be construed as requiring an ad- ditional deposit, in case of more than one appeal or writ of error being prosecuted in said proceedings. If, upon a final hearing, judgment shall be refused for the sale of lands or lots for the taxes, penalties, interest and costs, or any part thereof, the County Treasurer shall pay over to the party who shall have made such deposit, or his legally authorized agent or representatives, the amount of the deposit, or so much thereof as shall remain after the satisfaction of the ■judgment against the premises in respect of which such de- posit shall have been made. (March 15 1893, vSec. io 5 . In effect immediately). Execution of Sec. [04. I f j udgnient is rendered by any court at any jml.ymeni. time against any lands or lots for any taxes assessment, penalty, interest or costs, the County Treasurer shall, after publishing notice of sale, in compliance with the require- ments of vSection 93 of this act, proceed to execute such GENERAL LAWvS, 131 judgment by the sale of lands and lots against which such judgment has been rendered ; Provided, however, that in case of an appeal from any such judgment the County Treas- urer shall not sell until such appeal is disposed of. (March 15 ) 1893, Sec. 107. In effect immediately.) Sp:c. 105. On the day advertised for sale the County County clerk Clerk, assisted b>^ the County Treasurer, shall carefully ex- shall certify amine said list upon which judgment has been rendered, to correctness and see that all payments have been properly noted thereon, of record, and said Clerk shall make a certificate, to be entered upon said record, following the order of [the] court, that such re- cord is correct, and that judgment was rendered upon the property therein mentioned for the taxes, penalty, interest and costs due thereon, which certificate shall be attested by the Clerk, under seal of the court, and shall be the process on which all real property, or any interest therein, shall be sold for taxes, assessments, penalties, interest and costs due thereon, and may be substantially in the form fol- lowing : I, , County Clerk and Clerk of the Superior o r m o f court in and for the County of , State of Washing- clerk’s cer- ton, do herebv certify that the foregoing is a true and cor- tificates. rect record of the delinquent real estate in said Countv against which judgment and order of sale was duly entered in the Superior court of said County on the dav of , 189 — , for the amount of the taxes, assessments, penalties, interest and costs due severally thereon, as there- in set forth, and that the judgment and order of court in relation thereto fully appears on said record. Clerk of Superior Court. vSaid certificate shall be duly signed by the Clerk of said Superior court and attested by his official seal. (March 15, 1893, Sec. 108. In effect immediately. ) vSec. io 5 . The Count}" Treasurer shall, in person or by Couj^ty 'I'reas- deput}', attend all sales of real estate for taxes, and such i>rer to a t- sales shall be publicly conducted. (March 15, 1893, Sec. tend sale.s, 109. In effect immediately.) which are to be public, vSec. 107. Whenever a tract or lot shall be sold it shall Man ner of be the duty of the County Treasurer to certify such sale to keeping re - the County Clerk, whose duty it shall be to enter on the ‘-'orcl. 132 GKNKRAL RAWvS. record aforesaid the (quantity sold and the name of the pur- chaser opposite such tract or lot, in the blank columns provided for that purpose ; and when any such property shall be redeemed from sale the Clerk shall enter the name of the person redeeming, and the date and amount of re- demption, in the proper column, on production of the certi- ficate of the County Treasurer under seal that said property has been redeemed from such sale. (March 15, 1893, Sec. 1 10. In effect immediateU . ) Skc. ro8. All tracts or lots forfeited to the County at such sale as hereinafter provided shall be noted on said record. (March 15, 1893, vSec. in. In effect imme- diately. ) Skc. 109. Said book shall be known and designated as the tax judgment .sale, redemption and forfeiture record, and be kept in the office of the County Clerk. (March 15, 1893, Sec. 1 12. In effect immediatelv. ) Skc. no. The County Trea.surer, in person or by deputy, shall attend at the front door of the County court house in his County on the day specified in the judgment of the Superior court ordering such sale (due notice of which shall be given by said Trea.surer), for the sale of real estate Time of day for taxes, and then and there, between the hours of 10 for sale. o’clock in the forenoon and 3 o'clock in the afternoon, pro- ceed to offer for sale .separately and in consecutive order, each tract of land, or Town or City lot, in the said list on which the taxes, asse.s.sments, penalties, interest or costs :Ma 11 n e r of have not been paid. The .sale shall be continued from conducting day to day during the same hours until all the tracts or •sale. lots in the delinquent list shall be .sold or offered for sale. (March 15, 1893, vSec. 113. In effect immediately. i Same. ,Skc. III. The person at sucli .sale offering to pay the amount due on each tract or lot for the least quantity there- of, shall lie the purcha.ser of .such quantity, which shall be taken from the ea.st side of .such tract or lot. In determin- ing .such piece or parcel of such tract or lot, a line is to be drawn due north and south, far enough west of eastern point of tract, to make the requisite quantity. (March 15, 1893, vSec. 114. In effect immediately.) Same. Skc. 1 12. K very tract or lot .SO offered at public sale, and not .sold for want of bidders, shall be forfeited to the County in which .such property is situated, and in which sucli sale is made; provided, however, that whenever the Superior court and County Treasurer shall certif)’ that the taxes, penalties, interest and costs on forfeited lands equals or exceeds the actual value of such lands, the officer directed by law to expose for sale lajids for delinquent taxes shall, upon receipt of such certificate, offer for sale to the highest bidder the tract or lands in such certificate described, after first giving ten days’ notice by advertising, in some paper of general circulation in his County, the time and place of sale, together with the description of the tracts or lands so to be offered. And a certificate of purchase shall be issued to the purchaser- at such sale as in other cases in this act provided, and the County Treasurer shall receive credit in his settlement with the County Auditor for the amount on the several funds not realized by such sale. All collections made under the provisions of this act shall be paid into the several funds by the County Treasurer, and accounted for in the same manner as all other moiie3’S received by him. (March 15, 1893, Sec. 115. In effect immediateh'). vSec. 1 13. If any Count}’ Treasurer b}' himself or Dep- ut}' shall fail to attend ain’ sale of lands or lots advertised according to the provisions of this act and make sale thereof as required b}’Iaw, he shall be liable, upon his official bond, to pa\' the amount of taxes, assessments, penalties, interest and costs due upon the lands or lots .so advertised. The said Treasurer may afterwards advertise and sell such de- linquent propert}' to reimburse himself for the amount ad- vanced by him; but at no such sale shall there be aii\' prop- erty forfeited to the Countv. (March 15, 1893, Sec. i i6. In effect immediately). vSkc. T14. The per.son purchasing an}’ tract or lot, or any part thereof, shall forthwith pay to the Treasurer the amount charged on such tract or lot, and on failure so to do the said tract or lot shall be again offered for sale in the same manner as if no sale had been made; and in no case shall the sale be closed until payment is made or the tract or lot again offered for sale. (March 15, 1893, vSec. Try. In effect immediately). Sec. 1 15. The County Treasurer, on being requested so to do, shall make out and deliver to the purchaser of any lands or lots, or any portion thereof as aforesaid, a certifi- cate of purchase, describing the land or lot, or portion thereof, sold, as the same was described in the delinquent I’enalty for Trea.surer not attending- sale. Payment. Certificate of {)iirchase. ^34 GKNKRAI. LAWS. Index to tax sale records open to in- spection. Redemption of property sold lor taxes. li.st, the (late of such sale, the amount of taxes, assessments, jtenalties, interest and costs for which the same was sold, and that payment has been made therefor. If any person shall become the purchaser of more than one tract or lot, he may have the whole, or one or more of them, included in one certificate. Such certificate of purchase shall be assignable by indorsement, and an assignment thereof shall vest in the assignee, or his legal representatives, all the right and title of the original purchaser. vSuch certificates, when issued, shall be numbered consecutively by the Treas- urer in the order of their issuance, and the number of such certificate shall be indorsed upon the tax judgment sale, re- demption and forfeiture record, described in section 98. iMarch 15, 1893, Sec. 118. In effect immediately). Sec. 1 16. The County Treasurer is hereby authorized to make an index to tax sale records in a book when furn- ished by the Count}’, which index shall be kept in his office as a public record open to the inspection of all persons dur- ing office hours. (March 15, 1893, Sec. 119. In effect im- mediately). Sec. 1 17. Real property sold under the provisions of this act may be redeemed at any time before the expiration of three vears from the date of sale, b}’ payment, in legal money of the United vStates, to the County Treasurer of the proper County, the amount for which th*e same was sold, together with 12 per cent, interest thereon from the date of sale until payment. The person redeeming such property shall also pay the amount of all taxes, assessments, penal- ties, interest and costs accruing after such sale, with 12 per cent, interest thereon from the day the same were due until paid, unless such subsequent taxes or asse.ssments, penalties, interest or co.sts has been paid by or on behalf of the per- son for whose benefit the redemption is made, and not be- ing purchaser at the tax sale, or his assignee. No fee .shall be charged for any redemption after the pas.sage of this act. If the real property of any minor, heir or insane person be sold for non-payment of taxes or assessments, the same mav be redeemed at any time after sale and before the ex- piration of one year after .such disability has been removed upon the terms specified in this section on the payment ol interest [at the rate] of 10 per cent, per annum on the amount for which the same was sold, from and after the date of .sale, which redemption may be made by themselves GHNKRAL LA WAS. 135 or by any person in their behalf. Tenants in common, or joint tenants, shall be allowed to redeem* their individual interests in real property sold under the provisions of this act in the same manner and under the terms specified in this section for the redemption of real property other than that of insane persons and minor heirs. Any redemption made shall inure to the benefit of the person having the legal or equitable title to the property redeemed, subject, however, to the right of the person making the same to be reimbursed by the person benefited. (March 23, 1895, Sec. 25. In effect immediatch'. ) Sec. 1 18. If any purchaser of real estate sold for taxes Forfeiture, or assessments shall suffer the same to be forfeited to the County or sold again for taxes before the expiration of the last day of the second annual sale thereafter, such purchaser shall not be entitled to a deed for such real property until the expiration of a like term from the date of the second sale or forfeiture, during which time the land shall be subject to redemption upon the terms and conditions prescribed in this act; but the person redeeming shall only be required to pay, for the use of such first purchaser, the amount paid by him. The second purchaser, if any, shall be entitled to the re- demption money as provided for in the preceding section ; provided, however, it shall not be necessary for any munic- ipal corporation which shall bid in its own delinquent .special assessments at any sale, in default of other bidders, to protect the property from subsequent forfeitures or sales, as above required in this section. (March 15, 1893, vSec. 122. In effect immediately.) Sec. 1 19. Tlie books and records belonging to the office of County Trea.surer, certified by .said Treasurer shall be deemed prima facie evidence to prove the sale of anv land or lot for taxes or assessments, the redemption of the same or payment of taxes or a.sses.sments thereon. The County Treasurer shall, at the expiration of his term of office, pay over to his successor in office all moneys in his hands received for redemption from sale for taxes on real estate. (March 15, 1893, "‘^ec. 123. In effect immediately.) Sec. 120. Whenever it shall be made to appear to the Kn-oneous .satisfaction of a County Treasurer that any tract or lot was sale, sold which was not subject to be taxed or upon which taxes or a.ssessments have been paid previous to the sale, he shall make an entry opposite to such tract [s] or lots in the .sale GKNKRAJ. RAWvS. 136 GKNKRAJ. RAWvS. Release. or redemption record that the same was erroneous!}' sold, and .sucli entry shall he prima lade evidence of the fact therein stated. (March 15, 1893, vSec. 124. In effect imnie- iliately.) vSkc. 121. When the purchaser at such erroneous .sale, or any one holding under him, .shall liave paid any taxes or assessments, together [with] the penalty, interest and costs, upon tlie property so sold, which has not been paid by the owner of the property, he shall have the right to recover from .such owner the amount he has .so paid, with 10 per cent, interest from the time of payment, as money paid for the owner’s use. (March 15, 1893, vSec. 125. In effect immediately. ) vSkc. 122. The receipt of the redemption money of any tract of land or lot by any purchaser, or by the County Treasurer for the benefit of such purchaser, or the return of the certificate of purchase for cancellation, sha'll operate as a release of all the claim to said tract under or bv virtue of the purchase, and the County Treasurer, upon the re- ceipt of any such redemption money, shall immediately indorse upon the sale or redemption record the fact that such taxes, penalties, interest and costs have been paid, and the property therein described has been redeemed from sale by said payment, and shall deliver to the person re- deeming the same the certificate of redemption provided for [in] section 130. (IMarch 15, 1893, Sec. 126. In effect immediately.) Conditions to be complied •with prior to receipt of deed. vSiiC. 123. Hereafter no purchaser, or assignee of such purcha.ser, of any land. Town or City lot, at any sale of lands or lots for taxes or assessments, penalties, interest and costs, due either to the State or County, shall be entitled to a deed for lands or lots so purchased, until the following conditions have been complied with, to-wit : Such purchaser, or as- .signee, shall serve or cause to be served a written or printed or partly written and partly printed notice of such purchase, on every person in actual possession or occupancy of such land or lot ; also the person in whose name the same was asses.sed or taxed, if upon diligent inquiry he, or she, can be found in the County; also the owners of and parties in- terested in said land or lot, if they can, upon diligent in- quiry, be found in the County, at least three mouth [s] be- fore the expiration of the time of redemption on such sale ; in which notice he shall state when he purchased the land (tENKRAI. laws 137 or lot, in whose name taxed, the description of the land or lot he has purchased, for what year taxed, or specially as- sessed, and when the time of redemption will expire. If nd person is in possession or occupancy of such land or lot, and the person in whose name the same was taxed or assessed, upon diligent inquiry cannot be found in the County, then such person or assignee shall publish such notice in some newspaper of general circulation in said County in which said land or lot is situated, which notice shall be inserted three times — the first time not more than three months and the last time not more than one month before the time of redemption shall expire ; provided however, that if the owners of said land or lots, or the parties interested therein, cannot be found in the County, and the person in actual oc- cupancy is tenant to or is in possession under the owner or party interested^ therein, then service of said notice upon such tenant shall lie deemed service upon the owner or party interested; and provided further, that if the owners, or par- ties interested, are unknown to such purchaser or his as- signee, then said publication, as to them, may be to the un- known owner or parties interested. (March 15, 1S93, Sec. 127. In effect imniediatehn ) vSkc. 124. Every such purchaser or assignee, by hini- ,self or agent, shall, before he shall be entitled to a deed, make an affidavit of his having complied with the condi- tions of the foregoing section, stating particularly the facts relied on as such compliance, which affidavit shall be delivered to the County Treasurer, and which shall by him be filed and carefully preserved with the records of his office, and which record or affidavit shall be prinia facie evidence that such notice has been given. Any per- son swearing falselv in such affidavit shall be deemed guilty of perjur}', and upon conviction thereof shall be pun- ished accordingly. (March 15, 1893, vSec. 128. In effect im- mediately.) vSec. 125. In case any person shall be compelled to publish such notice in a newspaper, then, before any person who may have a right to redeem such lands or lots from sale shall be permitted to redeem, he shall pay to the officer who b}7 law is authorized to receive such redemption money the amount paid for publishing such notice for the use of the person compelled to publish such notice, as aforesai*! ; the fee for such publication shall not exceed $].oo for the first I’rov-iso. Purcliaser to make affi - davit that he has complied with condi- tions. Fee for ])iibli- cation. r conveyance GKNERAI^ RAWS. tract or lot contained in such notice and 25 ce)its for each additional tract or lot. llie fact of publication shall be es- tablished by affidavit of the publisher. (March 15, 1893. 129. In eftect immediately. County Treas- t^KC. 126. At any time after the expiration of three mer to cxe- years from the date of sale of any real estate for taxes oras- cnte deed of sessmeuts, penalties, interest and costs, if the same shall not have been redeemed, the County Treasurer, on request and on the production of the certificate of purchase, and upon compliance with the three preceding sections, shall execute and deliver under his hand and seal to the purchaser, his heirs or assigns, a deed of conveyance for the real estate described in such certificate. ( March 23, 1895, Sec. 26. In effect immediately. ) vSec. 127. W’hen any person shall hold more than one certificate of purchase at the same sale and for the same year’s tax or assessment the Treasurer shall, on the request of the holder of such certificates, include as many tracts or lots described therein in the deed of convevance as such person may desire, and for which deed the County Treasurer shall have and receive, for the benefit of the County, a fee of fifty ceiAs for each certificate embraced therein ; provided, that no greater fee than five dollars shall be charged upon any one deed. The deed so made by the County Treasurer, under the official seal of his office, shall be recorded in the same manner as other conveyances of real estate, and shall vest ill the grantee, his heirs and assigns entitled to the property therein described, without further acknowledge- ment or evidence of such conveyance, and said evidence shall be substantially in the following form : vSTATE of WAvSHINGTON, t County of . ) i-onn of deed. Whereas, at a public sale of real estate for the non-pay- ment of taxes, penalty, interest and costs made in the Countv aforesaid on the day of ^ , 189 — , the follow- ing described real estate was sold, to-wit : (here place de- scription of real estate conveyed); and, whereas, the same iiot having been redeemed from said sale, and it appearing that the holder of the said certificate of purchase of said real estate has complied with the laws of the State of Wa.shing- ton nece.ssary to entitle (insert him, her or them) to a deed for said real estate: Now. therefore, know ye that I, , County Treasurer of said County of , in GENERAL LAWvS L39 consideration uf the premises and by virtue of the statutes of the State of Washington, in such cases provided, do here- by grant and convey unto , his heirs and assigns, forever, the said real estate hereinbefore described, subject, however, to any redemption provided by law. Given under my hand and seal of office this da}- of , A. I). t8— . , County Treasurer. (March 15, 1S93, vSec 131. In effect immediately.) Sec. 128. Deeds executed by the County Treasurer, as aforesaid, shall be prinia facie evidence in all controversies and suits iu relation to the right of the purchaser, his heirs and assigns, to the real estate thereby conveyed of the fol- lowing facts: First: That the real estate conveyed w*as subject to taxation at the time the same was assessed, and had been listed^and assessed in the time and manner re- quired by law. vSecond : That the taxes or assessments were not paid at any time before the sale Third : That the real estate conveyed had not been redeemed from the sale at the date of the deed. Fourth : That the real estate was adver- tised for sale in the manner and for the length of time re- quired by law. Fifth : That the real estate was sold for taxes, assessments, penalties and costs, as stated in the deed. vSixth : That the grantee in the deed was the purchaser, or as.signee of the purchaser. vSeventh : That the sale was con- ducted in the manner required by law And any judgment for the sale of real estate for delinquent taxes rendered after the pas.<5age of this act, except as otherwise provided in this section, shall estop all parties from raising any objections thereto, or to a tax title based thereon, w-hich existed at or before the rendition of such judgment, and could have been presented as a defense to the application for such judgment in the court wherein the same was rendered, and as to all such questions the judgment itself shall be conclusive evi- dence of its regularity and validity in all collateral pro- ceedings, except in cases where the tax or assessments have been paid, or the real estate was not liable to the tax or assessments. (March 15, 1893, Sec. 132. In effect imme- diately.) Sec. T29. Unless the holder of the certificate for real estate purchased at any tax sale under this act takes out a deed as entitled by law, and files the same for record within one year from and after the time he is entitled to such deed, the said certificate or deed, and the sale on which it is based. Heeds execut- ed by County Treasurer to be p r i m a facie evi- dence of right of purclia.ser. Deed and sale to be null if not filed f^r record in one year’s time. 140 GKNlvRAL LAWS. Kedeni})li o n of forfeiture. Comity Treas- urer autlior- ized to adver- tise and sell property for deliii q u e u t taxes. shall, from and after the expiration of such one vear. be ab- solutely null. If the holder of such certificate shall be pre- vented from obtaining such deed by injunction, or order of any court, or by the reftisal of the Treasurer to execute the same, the time he is so preventedi shall be excluded from the com])utation of such time. Certificates of purchase and deeds executed by the County 'I'reasurer shall recite the qualification required in this section. (IMarcli 15, 1893. ‘‘^ec. 133. In effect immediately.) vSec. 130, If any person shall desire to redeem, or pur- chase, any tract of land or lot forfeited to the County, he shall apply to the County Treasurer who shall receive from such person the amount . v. Oilchrist, 4 Wash., 50 \ GKNKRAL RAWvS 147 thereof shall also enter a judgment or decree of appropria- tion of the lana, real estate, premises, right of wav or other property sought to be appropriated, thereby vesting the legal title to the same in the corporation seeking to appro- priate such land, real estate, premises, right of way or other property for corporate purposes. Whenever said judgment or decree of appropriation shall affect lands, real estate or other premises, a certified copy of such judgment or decree • of appropriation may be filed for record in the office of the Auditor of the County where the said land, real estate or other premises are situated, and shall be recorded by said Auditor like a deed of real estate aud v/ith like effect If the title to said land, real estate, premises or other prop- erty attempted to be acquired is found to be defective from any cause, the corporation may again institute proceedings to acquire the same as in this act provided. vSec. 7. Upon the entry of judgment upon the verdict of a jury or the decision of the court or judge thereof, awarding damages as hereinbefore prescribed, the petitioner or any officer of. or any person duly appointed by said cor- poration ma}’ make payment of the damages assessed to the parties, entitled to the same, and of the costs of the pro- ceedings. by depositing the same with the Clerk of said Payment of Superior court to be paid out under the direction of the ‘iamage.s. court or judge thereof; and upon making such payment into the court of the damages assessed and allowed, and of the costs to any land, real estate, ])reniises or other property meiitioned in said petition, such corporation shall be releas- ed Hiid discharged from any and all further liabilitv there- for, unless upon appeal the owner or other person or party interested shall recover a greater amount of damages ; and in that case only for the amount in exce.ss of the sum paid into said court, and the costs of appeal. Provided, that in case of an appeal to the Supreme court of the State by any party to the proceedings, the money so paid into the Super- ior court by such corporation as aforesaid, shall remain in the custody of said court until the final determination of the proceedings by the said Supreme court. Sec. 8 Any person, corporation. State or County claiming to be entitled to any money paid into court as provided in this act may apply to the court therefor, aud aud upon furnishing evidence .satisfactory to the court that he or it is entitled to the same, the court shall make an order directing the payment to such claimant the portion of if i' I , i I I i4a.ss or defile for the purpose of its road where right of way has already been located, condemned or located by some other railroad company through such canon, pass or defile for the purposes of its road, and thereupon like pro- ceedings shall be had upon .such petition as herein provided in other cases; and at the time of rendering judgment for damages, whether upon default or trial, the court or judge thereof shall enter a judgment or decree authorizing said railroad compaii)' to occupy and use said right of wa}y road- bed and track, if necessary, in common with the railroad company or companies already occupying or owning the same, and defining the terms and conditions upon which the .same shall be so occupied and used in common.’ CHAPTER EXII, LAWS OF 1893. P. 135. RIGHT OF EMINENT DOM.\IN BY .MUN1C1P.\E CORPORATIONS OTHER THAN CITIES OK THP: FIRST-CRA.SS. An .\cT giving the power and regulating the mode of pro- cedure to acquire, take or damage private property b}' municipal corporations except Cities of the first-class, and of ascertaining and .securing compensation there- for, and repealing laws in conflict with this act. y>V // enacted by the Letyislatio'c of the State of M ash/nyto/i : .Section i. Municipal corporations, except Cities of the fir.st-class are hereby empowered and authorized to ac- I See lollowing' act. j n I 150 GKNKRAL LAWvS. (]iiire, condemn, take or damage private property for public cor})orate uses, and for such purpose nia> proceed to ac- (]uire, take or dainajV it enacted by the Le legislature of the State of Washington: Section 1. That whenever an assessment for laying' out, establishing, closing, straightening, altering, widening, grading, re-grading, paving, re-paving, planking, re-plank- ing, vsidewalking and bridging, macadamizing, re-niacadam- izing, re-graveling, piling, re-piling, capping, re-capping any street, avenue or alley or for any local improvement which has heretofore been made or which may hereafter be made by any City or Town has been or may be hereafter declared void, and its enforcement under the charter or laws govern- such City or Town refused by the courts of this State or for any cause whatever has been heretofore or may be hereafter set aside, annulled or declared void hy any court, either dir- ectly or by virtue of any decision of said court, the Council Shall make a of such City or Towii shall by ordinance order and make a new asses.s- new assessment or re-assessment upon the lots, blocks or ])arcels^of land which have lieen or will be benefited by such 1 Preceding act . GENERAL ].AWS. ] local iniprovemenls. to the extent of their pro]K)rtionate part of the expense thereof, and in case the cost shall ex- ceed the actual value of such local :niprovement the new assessment or re-assessnient shall be for and based upon the actual value of the same at the time of its completion ; and to this end the board of public works or other proper au- thority of such City or Town shall make a new assessment roll in equitable manner with reference to the benefits re- ceived, as near as may be in accordance with the law in force at the time such re-assessment is made, and when the same shall have been confirmed and approved by the Coun^ cil it shall be enforced and collected in the same nianner that other assessments for local improvements are enforced and collected under the charter or laws governing such Citv or Town ; but all proceedings relative to making the ex- pense of local improvements chargeable upon property benefited thereby required and provided by the charter and laws of such City or Town prior to the making of original assessment roll shall not be included nor required within the purpose of this act. Sec. 2. The City Council of such City or Town shall b}^ ordinance order and make a new assessment or re-assess- ment as provided in preceding section, upon the lots, blocks or parcels of land, which have been or will be benefited bv such improvement to the extent of their proportionate part of the cost, expense and value thereof. vSec. 3. Upon the passage of an ordinance, as herein- before i^rovided, the board of public works, or other proper authority of such City or Town, shall make out an asse.ss- ment roll according to the provisions of the said ordinance, and shall certify the same to the Council of such City or Town. Sec. 4. Upon receiving the said assessment roll, the -N’ot.ice. Clerk of such City or Town shall give notice bv three (3) successive publications in the official newspaper of such City or Town that such a.ssessment roll is on file in his office, the date of filing the same, and said notice shall state a time at which the Council will hear and consider objections to said assessment roll by the parties aggrieved by such assessment. The owner or owners of any property which is assessed in such assessment roll, whether named or not in .such roll, may within ten (10) days from the la.st pub- lication provided herein, file with the Clerk his objections in writing to said a.ssessnient. 152 GKNKRAI. LAWvS. Council lo hear and de- lenuine all objeclions. Skc. 5. At the time appointed for hearing objections to such assessment, the Council shall hear and determine all objections which have been filed by any party interested to the regularity of the proceedings in making such re-as- sessment and to the correctness of the amount of such re- assessment, or of the amount levied on any particular lot or parcel of land, and the Council shall have the power to adjourn such hearing from time to time, and shall have power in their discretion to revise, correct, confirm or set aside, and to order that such re-assessment be made de >lovo, and such Council shall pass an order approving and confirming said proceedings and said re-assessment as cor- rected by them and their decision and order shall be a final determination of the regularit}', validity and correctness of said re-assessment to the amount thereof, levied on each lot or parcel of land. If the Council of any such Citv con- sists of two houses the hearing shall be had before a joint session, but the ordinance approving and confirming the re-avssessment shall be passed in the same manner as other ordinances. Skc. 6. The fact that the contract has been let, or that such improvement shall have been made and com- pleted, in whole or in part, shall not prevent .such assess- ment from being made, nor shall the omis.sion, failure or neglect of any officer or officers to comply with the pro- visions of the charter or laws governing such Cit\^ or Town as to petition, notice, lesolution to improve, estimate sur- vey diagram, manner of letting contract or execution of work, or any other matter whatsoever connected with the improvement and the first assessment thereof, operate to invalidate or in any way affect the making of the new assess- ment or re-assessment as provided for by this act, charging the property benefited 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 any interest that shall have lawfully accrued thereon, and that such amount be equitably ap- portioned upon the property benefited thereby according to the provisions of the charter or laws of such City or Town. It being the true intent and meaning of this act to make the cost and expense of all local improvements payable by the real estate benefited by such improvement by making a re-assessment therefor, notwithstanding that the proceed- GKNKRAL J,AWS 153 iiigs of the Conmion Council or board of pul)lic works or any of its officers, niav be found irregular or defective, whether jurisdictional or otherwise; when such re-assess- ment is completed all sums paid on the former attetnpted assessment shall be credited to the property on account of which the same was paid. vSec, 7. In all cases where the Treasurer, City or Town authorities, shall be unable to enforce the collection of any special assessment, by reason of irregularity or omission in any proceedings sub.sequent to the confirmation of such assessment, the Council is authorized and empowered to cause a new warrant or order to issue to the Treasurer, or other proper officers, for the collection of any assessment which by reason of such irregularity or omission remains unpaid and not collected. The Treasurer, or other proper officer, shall proceed, under such new warrant or order, to enforce and collect the a.sse.ssnients therein specified in the .same manner, as near as may be, as is prescribed by the provisions of this act for the enforcement and collection of .special a.sse.ssnients after the .same shall have been con- firnied as in this act provided, and as often as any failure shall occur by reason of such irregularities or omissions a new warrant or order may i.s.sue and new proceedings be had in like manner until such special a.sse.ssment shall be fully collected as to each and every lot or parcel of land charged therewith. Sec. 8. Any penson who has filed objections to .such new asse.ssment or re-asse.ssment, as hereinbefore provided, shall have the right to appeal to the Superior court of this vState and County in which such City or Town may be situated. vSec. 9 Such appeal shall be made by filing a written notice of appeal with the Clerk of such City or Town with- in ten (10) days after such new asse.ssment or re-assessment roll shall have been approved and confirmed by the Coun- cil and said notice, shall describe the property and the ob- jections of such appellant to such assessment and such ap- pellant shall also file with the clerk of the Superior court aforesaid within twenty (20) days from the approval and confirmation of such roll by the Council a copy of said no- tice appeal re-assessment roll and proceedings thereon, certified by the Clerk of such City or Town, together with a bond to such City or Town conditioned to pay all costs that New procee the City Clerk, an by him affixed to all acts requiring to be so authenticate. . ' SEC. 4. This onlinance to be in force from and after its passage and puidication. Passed tlie Coinnion Council , August i5t 1878. Approved, August 16, 1878. JAIMES AIcAUEIFP', C. FJ. WHITNEY, City Clerk, CITY OF WAIvFA WAFFA. 165 ORDINANCE NO. 2. AN ORDINANCE DEFINING OFFENSE.S AND FIXING THE PUNISHMENT THEREOF. The City of W'a/la Walla does ordalfi as follows: Section i. Any per.son who shall engage in, transact or carry on any business, trade or occupation, within the corporate limits of the City of Walla Walla, for which a licen.se is required, bv ain- ordinance, Mdthont having fir.st obtained such license, shall, upon conviction there- of, before any Ju.stice of^he Peace in said City, be fined in any .sum not less than the amount of such licen.se nor more than one hundred dollars. Sec. 2. No nuisance shall be camsed, erected, established or .suf- fered within the limits of said City. Every accumulation of filth or rubbish, throwing or placing any bottles, broken gla.ss, iron hoops or any substance that nia}’ be liable to cause injur}’ to per.son or property, or that shall cause offensive or unwholesome odors or smells, in any street or alley, or on any sidewalk, except such as niav be temporarilv permitted by the City Council, for the pnrpo.se of erecting buildings or making improvements; and every obstruction placed in the channel of Mill creek, or any act which may cause an overflow or divert the water of said creek from its natural channel, and whatever is indecent or offen- sive to the senses, or an obstruction to the free use of property, so as to e.ssentially interfere with the enjoyment of life or property, within said City, shall be. deemed a nuisance, and every person who .shall cause or create a nuisance shall, on conviction thereof, be fined in aii}' sum not less than five dollars nor more than one hnndred dollars for every .such offen.se. Every trade, business or occupation which shall cause or gen- erate odors offensive to the senses or injurious to health; everv privv or water closet which shall emit or give out offensive odors, every pit or vault over which a water closet shall have stood, which shall have been destroyed by fire or otherwi.se removed; everv well which mav be left open by fire, or which shall not be jiroperly curbed, unless the same shall be within an enclosure, shall be deemed a nuisance under this ordinance, and every person wlio shall create or cause such nuis- ance or shall .suffer such nui.sance to exist or remain on property or premises owned, controlled or occupied by him or her,' .shall, on con- viction thereof, be fined in any sum not less than five nor more than fifty dolkars for the first offense, and shall further be lialile to a fine of ten dollars for each day that such nuisance shall remain thereafter. Sec. 3. Every person who shall throw or discharge any manure, )ffal or other offensive matter, except ordinar}- drainage, into the waters I As amended l)v ordinance No. 102. A i66 ORDINANCB:vS of thf; of Mill creek, or anv other stream of water in said City, upon convic- tion thereof, shall be fined in any sum not less than five nor more than one hnndred dollars for each and every such offense. sSkc. 4. No person shall place or throw any .substance whatever into the water fiinnes running through Main street, or into any other covered flume in said City, unless by permission of the Citv Council, or in any manner obstruct the water running through such flume, and everv per.son convicted thereof, shall be fined in any sum not less than ten nor more than fiftv dollars for each offense. vSec. 5. No person .shall remove any covering from any water flume nor tap, nor divert any water from any flume in .said City, without first obtaining the written con.sent of the City Council; and every penson convicted thereof .shall be fined in any sum not le.ss than ten nor more than fifty dollars for each offen.se. vSec. 6. Ever\ person who shall keep any dancing house, drinking hou.se, or other house or establishment, in a di.sorderly manner, or who shall .sufter or permit any riotous or disorderly conduct in any house kept or controlled by him or her, to the disturbance or annoyance of anv of the inhabitants of said City, shall upon conviction thereof, be fined in any sum not le.ss than ten nor more than one hundred dollars for each offense. vSec. 7. No person or persons shall run or race houses or mules, nor ride or drive any house, or mule or ass, at a greater rate of speed than .six miles an hour, nor in .such a manner as to endanger person or prop- erty within the limits of said City; and every peuson convicted thereof shall be fined in any sum not le.ss than five nor more than fifty dollars for each offense. Sec. 8. No per.son shall ride, drive or lead any house, mule, ass, ox or cow brute on any sidewalk in said City, or over any foot-bridge across Mill creek, nor obstruct any cro.sswalk in any street or alley, by stopping or standing anv house or wagon or other vehicle, across the same; and everv per.son convicted thereof, shall be fined in any sum not le.ss than five nor tnore than fifty dollars for each offense. Sec. 9. No person shall discharge any fire arms within the cor- porate limits of said City, or in any angry or threatening manner draw or attempt to draw or exhibit in a crowd of two or more per.sons, any pistol, knife or dangerous or deadly weapon whatever, nor except in necessar}' self defense, engage in any fight, nor engage in any brawl, riot, tumultuous assembly or disturbatice of the peace nor conduct him- self in a disorderly manner, and every person convicted of violating this section shall be fined in any sum not exceeding one hundred dollars, and may akso be imprisoned for any time not exceeding thirty days. CITY OF WAIJ.A WALL A. 167 And the exliibiting, drawing- or attempting to draw, in any angry or threatening manner in a crowd of two or more persons, any pistol or knife, or other dangerous or deadly weapons, shall also work a forfeiture of said weapons to the said City, which forfeiflire shall be declared bv the Justice of the Peace, and entered as ])art of the judgment and con- viction. and such weapon shall be ordered by the Justice of the Peace, to be sold by the City Marshal at public auction to the highest bidder; one-fourth the proceeds of the same to go to the officer making the ar- rest, and the remainder to the Cit\\ s Skc. 10. No person shall indecently expose his person in any pub- lic place within the corporate limits of said City; and every person con- victed thereof shall be fined in any sum not less than five nor more than twenty-five dollars for each offense. SfJC II. No per.son shall place 'upoip over or adjacent to any side- walk within the City of Walla Walla any substance whatever, nor dig nor cause to be dug any liole therein, nor injure any sidewalk in any way, nor shall any person occupying any premises abutting any side- walk in .said City, suffer or permit the sidewalks adjacent to the prem- ises occupied by him to become or remain obstructed as aforesaid, uranv hole to remain therein or the same to be out of repair so as to endanger travelers ; provided that posts on the curb of the sidewalk, not exceed- ing in diameter one foot, with lainps securely fixed thereto ; awnings of light material securely fastened as much as eight feet above the side- walk ; goods and merchandise exhibited for signs not offensive to the senses nor dangerous to travel, nor placed in such a way as to obstruct the view to the signs and goods of occupants adjacent, and all goods in transit from and to the street, and ail obstructions permitted to builders are not obstructions within the meaning of this section and are excepted out of the operation of the same. Any person violating this section shall be punished by a fine not exceeding twenty dollars and be liable to all damages any person may suffer by reason of such violation. Skc. 12. Every person who shall be found lying on the street or any sidewalk, or other public grounds in said Cit}', drunk or intoxicated, . or who shall when Tieing drunk or intoxicated, be incapable of taking care of himself or herself, or act in a disorderly manner, .shall be ar- rested and held in custody until he or she become sober, and shall then be taken before a Justice of the Peace in said Cit\*, for hearing and trial, and if convicted shall be fined in any sum not exceeding twentv-five dollars. vSkc. 13. No per.son shall fail or refuse to assist at any fire, when Q called up on so to do by any foreman or assistant foreman of a fire com- I AS anieiuled l)v Ordinance Xo 165. ORDlNAXCKvS OF THK i68 l;anv. Warden or Citv Marshal or policeman, unless such person shall he a plivsician engaged in the duties of his profession, or a perso.. phys.. callv unable to render such assistance; and every person who sha so le. fuse or fail to render such assistance when so called upon, shall upon conviction thereof, be fined in any sum not less than five nor more than twenty-five dollars for each offense. vSi-C 14 No person shall knowingly or wilfully resist the City Marshal'or any poltceman, or other City office, when engaged m the d.s- charge of the duties of his office, and every person so offending snail upon conviction thereof, be fined in any sum not exceeding one hundred dollars, to which may be added imprisonment for any tune not exceet - iiig thirty days. .Sec 15 No person shall hinder, prevent or obstruct any City offi- cerhaving proces,s in his hands for service, issued under or by virtue of anv City ordinance, from making any arrest, nor aid or assist any person who shall have been arrested to make his escape, nor refuse to assist any such officer in making an arrest, when called upon so to do, or to rendei such assistance as may be necessary to hold any person m custody who shall have been arrested, unless there be actual danger of great bod Ij iniurv in rendering such assistance; and every person convicted of a viilauonofthis section shall be fined in any sum not exceeding one hundred dollars. • n .Sec. 16. No penson, unless by perniission of the City Council.shal stock store or deposit any hay, unthreshed grain or straw on any lot in sai.l Citv unless the same be enclosed and under a wooden or other secure cover; and every person convicted thereof shall be fined 111 the sum of five dollars for the first offense, and ten dollars for offense, and five dollars for every day thereafter that the same shall so remain unenclosed or uncovered. Sec 17. No person shall make or cause any false alarm of fire either bv ringing the fire bell, crying fire or otherwise ; and every pel- son convicted thereof shall be fined in any sum not less that fixe nor more than fifty dollars, or imprisonment for any time not exceei mg Sec iS It shall be the duty of every person who shall be engaged in or carrv.ng on the business of blacksmithmg. assaying or ness where charcoal is burned in any forge, furnace or ° P ^ spark catcher to be approved by the fire warden, on /“P chimney or flue used for the purpose; and every P-“ ' neglect to place such spark catcher on his chimney or ne after being notified so to do by the City Marshal, or fire ^ ; upon conviction thereof, be fined in any sum not exceeding fifty for eadi offense. CITY OF WALLA WALLA. 169 vSkc. 19 Any person or persons who shall ride or drive any horse, mare, cow, steer or other animal across any of the bridges that cross Mill creek, and within the corporate limits of the City of Walla Walla, faster than a walk, on conviction thereof shall be liable to a fine of five dollars for each and every offense, and the Cit}’ Marshal or any of his deputies, or any City policeman, is authorized and required to arrest all persons so offending, and take them before the Justice of the Peace for the City for trial ; provided, however, that a painted sign has first been placed on said bridge, warning all persons of this penalty. Skc. 20. Any person who shall leave any team of horses or mules, or any horse or mule attached to any kind of a vehicle, or any saddle horse or mule, within said City, without fir.st securely hitching the same shall, upon conviction thereof, be fined in any sum not exceeding twentv dollars ; and if an}' such team, horse or mule, not being securely fasten- ed or hitched, shall run away and through any street or alley, or shall travel through any such street or alley at such rate of speed as shall en- danger person or property, the owner or person ha\ing charge of such team, horse or mule, and failing or neglecting so to hitch or fasten the sUme, shall be fined in any sum not less than twenty npr more than fifty dollars. Sec. 2i. No perso‘11 shall within the City limits, ignite, fire off, or explode any torpedo, fire-rocket, fire-cracker or other combustible material or substance, except on national holidays, and then by permis- sion of the City Marshal only, and in his presence or in the presence of a policeman ; and every person con victed thereof shall be fined in any sum not less than five nor more than twenty dollars for each offense, vSec. 22. Any person who shall, within the corporate limits of said City, in a rude, ang-ry or insolent manner, unlawfully touch, strike or beat another, shall be deemed guilty of an assault and battery, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars. Sec. 23. Kvery person who shall, within the corjjorate limits of said City, in a rude, angry or insolent manner, attempt unlawfully to strike or beat another, shall be deemed guilty of an assault, and on con- viction thereof, shall be fined in any sum not exceeding fifty dollars vSec. 24. Any two or more persons who shall, by mutual consent or agreement, fight together in any public place in said City, shall be deemed guilty of an affray ; and on conviction thereof, shall be fined any sum not exceeding fifty dollars vSe:c. 25. Every person who shall, in the night time, in said City, make any loud, unusual or alarming noise to the disturbance of the in- habitants of said Cit}’, shall, upon conviction thereof, be fined in any sum not exceeding fifty dollars. 170 ORDINANCEvS OF THE Shc. 26 Every owner, lessee, tenant, occupant or j)erson liaviiyi^ })ossession or control of an}- lands or premises within the limits of said (’ity, who shall, knowinj^ly or wilfully, suffer any Canada or Chinese thistles to ,t(row or be thereon, or in any alley, street or public highwav adjoining said lands or premises, and nearer thereto than tiie center of said alley, street or highway, or who being notified by the City Marshal of the existence of such thistles on or within said distance from his ])remises, shall refuse, fail or neglect to destroy the same by burning or otherwise, within three days after such notice, and every person who shall scatter or cause to be scattered any seeds of such thistles within said City limits shall be deemed guilty of an offense, and shall, on con- viction thereof, be fined in any sum not exceeding ten dollars. Skc. 27. No ])erson shall carry any concealed weapons within the corporate limits of the City of Walla Walla, and any person convicted thereof shall be fined in any sum not less than five or more than twenty- five dollars; and such -Vtxapons shall be confiscated and forfeited, and it shall be the duty of the Marshal, his Deputies and the Policemen of the City, upon being satisfied, by verbal complaint or other information, that any person is carrying any w’eapon concealed upon his person, to arrest and .search .such person, and if anv .such weapon is found, to take the .same and convey such per.son before a Justice of the Peace and make complaint against him, and upon his conviction, to .sell such weapon at auction to the highest bidder, and pay the proceeds into such Justice’s court. All sheath or bowie knives, pistols and pocket knives with blades more than four inches long, also all sling-shots, metal knuckles, clubs, .sticks or other instruments, capable of inflicting great bodily injury, shall l)e deemed weapons within the meaning of this sec- tion when carried either wdiolly or partially concealed; provided, that this section shall not apply to the City Marshal, his'Deputies, or Police- men, or City Watchmen, or private w’atchmen employed as such by private citizens, nor the Sheriff, Deputy Sheriff, or any Con- stable of Walla Walla County, or to any person temporarily sojourning in the City for a period of not exceeding five days’ prior to the filing of the complaint, but in no case shall it be necessary to .specify in the com- plaint that the accused does not belong to the excepted classes herein specified. * vSkc. 28. Whenever any per.son is convicted of aii}- offense under or against the laws or any ordinance of the City, or for a violation of any ordinance of .said City, and a fine is asses.sed or adjudged against such person, the Justice of the Peace having jurisdiction of the cause shall akso adjudge and enter up a.« a part of the judgment, that unless such fine, co.sts and expenses of prosecution, including City Attorney’s fees, be immediately paid into C(mrt or secured as ])rovided by ordinance, the defendant shall be committed to the City jail until the same be paid, or CITY OF WALTA WATLA. } ! I7I t.lie defendant otherwise discharged according to law; provided, that 'such fines, costs and expenses may be committed and discharged at the rate of three dollars per day for each day that such person may so re- main in jail, but no part or portion thereof less than the whole can be so discharged. And the City Marshal is hereby empowered and re- Cjuired to work all persons so imprisoned on the public streets of the Citv, during the time they are so imprisoned, under the direction of the Street Commissioner. vSec. 29. It shall be the duty of the City Marshal of said City to in- carcerate and hold in custody in the City jail, any and every person who may be ordered or adjudged to be committed to said jail by the Justice of the Peace for said City, either as a penalty for any offense or for non- payment of any fine, costs and e.xpenses, or either of them, and to hold such persons in custody in said jail until duly discharged according to law. And if the Marshal, his deputies, or any policeman of said City shall wilfully fail, neglect, or refuse to execute any writ of commitment duly i.ssued, or any order in writing of such Justice of the Peace duly made, he shall be deemed guilty of neglect of official duty, and shall, upon conviction thereof, be fined in any sum not less than twenty- five nor more than one hundred dollars, and be held liable on his offi- cial bond. Sec 30. Whenever it .shall be necessary for the INIarshal or any policeman to abate any nuisance the owner or agent of the property whereon such nuisance exists shall be liable for all costs and expenses attending the removal or abatement thereof ; and if the article or thing removed consists of personal property, such costs and expenses shall constitute and be a lien upon the same, and it may be sold by such offi- cer at public auction, and the proceeds of such sale applied in .satisfac- tion or part .satisfaction, as the ca.se may be, of such costs and expen.ses vSec. 31. Any and every term in tliis or any other City ordinance implying one only, when necessary to carry out the sen.se or spirit of such ordinance, shall be construed to mean two or more, and every term implying two or more shall be construed to mean but one. when such construction shall be necessary as aforesaid, except always when two or more are necessary to constitute an offense ; and an}' term im- plying sex shall, when nece.ssary, be construed to mean both or either sex. Sec. 32. Any person who .shall run any velocipede on the sidewalks of the City shall be fined in a sum not exceeding five dollars, and be im- prisoned until such fine is paid. Sec. 33. The Mayor, whenever in his opinic)u the interests of the City shall require it, or upon good cause shown, may upon such terms as he may think proper, pardon or commute any offense, and release 172 ORDINAXCKvS OF THK any person who may have been committed, for the violation of any City ordinance ; and his order to that effect, sij^ned by him. and coun- tersigned by the Justice before whom such person was convicted, shall be sufficient authority to the jailer or any officer having such person in charge or custody, for such release, upon such terms as in such order shall be specified and provided. vSkc 34. This ordinance shall be in force and take affect from and afer its passage and publication. Passed the Common Council August 15, 1878. Approved, August 16, 1878. JAMKS McAUIJFF, lMa3’or. C. F:. WHITXFIV, City Clerk, ORDIXAXCt: XO. 4. AN ORDIN.VNCE DEFINING THE DUTIES OF JUSTICE OF THE PISACP; FOR THE CITY. The City of Haifa Haifa does Ordain as follows: vSection I. The Justice of the Peace for the City shall be a conser- vator of the peace within the limits of the City, and shall have exclusive jurisdiction of complaints for the the violation of all City ordinances, and all suits on bail bonds in favor of the Citj’, not exceeding one hun- dred dollars, and he shall have such other power and jurisdiction, as maj’ be conferred by law or ordinance. vSec. 2. The Justice of the Peace of the Citv shall, before exercis- ing any of the functions of his office as such, give a bond to the City in the penal sum of three hundred dollars, conditioned to the faithful dis- charge of his duties according to law, which bond shall be approved bv the board of Common Council. vSec. 3. The said justice must keep a proper account, in a book provided for the purpose, of all fines, costs or other monev's received bv him when acting lyv or under the authority of the City charter, and must pav to the Citv Treasurer. monthljyall such moneys, and take dupli- cate receipts therefor, one of which he must file with the Clerk ; he shall also make a monthly report of all cases heard by him in which the Citv is interested, and a .semi-annual report at the first regular meeting of the Council in December aiuDJune of all cases heard bvhini, the fines there- in, and what dis])osition was made thereof. CITY OF WALLA WALLA. mi: r fT ‘ i?3 vSkc, 4. Upon complaint made on oath before him charging any person with a violation of any City ordinance, he shall issue his war- rant for the arrest of such person, unless they shall then be under arrest, directingit to the Marshal or any Deputy Marshal or policeman, and cause the person complained against to be brought before him for trial. Sec. 5. This ordinance to be in force from and after its passage and publication. Passed the Common Council, August 16, 187S. C. I-:. WHITXKY, City Clerk. Approved, August 17, 1S7S. JAMKS McAUIJFF, Mayor. ordinancf: no. 5. AX ORDINANCE DEEINING THE DUTIES OF CITY MARSHAL. The City of \Willa Walla does Ch'dala as follows : Section i. The City Marshal shall, before entering upon the du- ties of his office, give a bond with two responsible sureties in the penal sum of one thousand dollars, for the faithful discharge of his duties ac- cording to law, and shall take and subscribe an official oath, which shall be endorsed upon his bond. vSec. 2. In addition to the duties prescribed in the City’ charter, he shall be the keeper of the City jail, and whenever any person shall be in his custody under authority of law, he shall keep such person in con- finement by committing them to jail or other safe custody as he may by lawful authority be directed at the expense of the City. Sec. 3. It shall be his duty to arrest all persons whom he may see committing any crime within the limits of the City, or violating any City ordinance ; provided, that in all violation of civil law he shall first enter a complaint on oath before the Justice of the Peace for the City, and make such arrest^^by virtue of a warrant issued b\ the said justice. He shall also^havejpower to arrest any person or persons whom he may hear using threatening, obscene or profane language, or .see making hostile demonstrations towards any person, whereby the life or personal safety of .such per.son may be jeopardized. An# if it shall come to his knowledge that any two persons intend to comi^ a deadly assault on 174 . ORDIXANCKvS OF THE each other, he shall have power to arrest any such person or persons and take them before the Justice of the Peace for the City, who may if he deem it necessary or that good cause exist therefor, place person or ])ersons under bonds to keep the peace within the City, in the same manner as is pi'ovided in similar cases before a Justice of the Peace, and in default of bail may commit such person or persons to the City jail. Skc. 4. He shall be ex-ofificio Chief of Police, He shall have power whenever he may deem it necessary to appoint one or more dep- uties, for whose official conduct he shall be responsible on his bond, and who shall receive the same fees for their services as are allowed by law to the Marshal. vSkc. 5. He shall attend all meetings of the Common Council, and serve all processes directed him by an}’ Justice of the Peace in the County, and shall attend the court of the Justice of the Pf^ace for the City, and shall serve all papers emanating from the City Council, and shall perform such duties as may be prescribed by ordinance or action of the City Council. vSec. 6. He shall keep a book in which he shall enter the names of all persons arrested by himself, or aiiv deputy or Policeman, who shall report the same to him as Chief of Police, the date of such arrest and amount of fine assessed. He shall report monthly to the City Council all arrests made by him or his deputies, or by any Policeman of the City during the month, and he shall report semi-annually, at the first regular meeting of the Council in December and June, all arrests made bv him, what fines have lieen collected from said persons, and what number of ]iersons have been confined in the City prison and for what time. vSkc. 7. He shall take duplicate receipts for all moneys which he, shall pay into the treasury, one of which he shall file with the City Clerk vSivC. 8, He shall receive such compensation for his services as may be allowed by ordinance or action of the Council Sec. 9. This ordinance shall be in force from and after its passage ainl publication, « Passed the Common Council August 16, 1878. C, K. WHITNEY, City Clerk. Approved, August 17, 1878. JAMES McAriJFF. Mavor. CITY OF WALLA WALLA. 175 ORDINANCE NO. 7. AN ORDINANCE DEFINING THE DUTlEvS OF CITY CLERK, AND FIXING HIS SALARY. The Cl tv of ] Valla I J alia does ordain as follows: Section i. At the first meeting of the Council after the annual election in July, the City Council shall elect a suitable person to serve as Citv Clerk, during the ensuing fiscal vear, and until his successor be dulv elected and qualified, who shall give a bond, with two or more sureties, to be approved b\* the Common Council, in the penal sum of five hundred dollars, and the Council shall have power at any time to increase said bond to any sum not exceeding twenty-five hundred dollars, wdiich bond shall be conditioned to the faithful discharge of his duties as Cit}' Clerk, and he shall take and subscribe an oath of office on said bond to the faithful discharge of his duties.' Sec. 2. Whenever a vacancy shall occur in the office of Clerk by a failure to elect, or from an\' other cause, the Council, at any regular meeting called for that purpose, may elect a person to fill such vacancy until the next regular election, and the person so elected shall proceed to qualify in all respects as hereinbefore provided. vSf:c. 3. The Clerk mav at any time be removed by a majority of all the Council. - Sec. 4, It shall be the dut\’ of the Clerk to keep all the records, books, papers, and archives, bonds and valuable documents belonging to the City. vSec. 5. He shall attend all meetings of the Council, and keep a record of their proceedings in a well-bound book which shall be pro- vided for that purpose, and is authorized to administer any oath required to be taken in connection with the duties of his office. vSec. 6. He shall record in a well-bound book all ordiances, by-laws and resolutions passed by tlie Council. Sec. 7. All demands against the Citv must be presented to the City Clerk, with the necessary evidence in support thereof, and he must sub- mit the same to the Council, who shall by a vote direct whether the same be paid or not, and out of what fund the same is to be paid. Sec. 8. When the Council orders any demand or account to be l)aid, if money has been appropriated for that purpose and not other- 1 Superseded by Sec. 28 of Amended Cliarter. 2 Superseded by Sec. 27 of .Amended Charter. 176 ORDINANCES OF THE wise, the Clerk shall draw a warrant upon the Treasurer for the amount orderd paid which warrant must be drawn on the general or special fund appropriated therefor, and be signed by the Mayor and attested by the Clerk. vSkc. 9. The Clerk must keep proper books of account, showing therein all sums appropriated, the date thereof, and out of what fund, and the amount of warrant drawn thereon. vSkc. 10. He shall draw all warrants ordered by the Council, which shall be signed by the IMayor, and he shall attest the .same, and shall keep a warrant book in which he shall enter, first, the date; .second, number of each warrant i.ssued; third, to whom issued; fourth, for what purpo.se; fifth, what fund; .sixth, the amount; and shall report to the Council semi-annually at the fir.st regular meeting in December and June of each year; he shall also keep a cash book in which he shall keep an account current with the City Treasurer, and shall charge him with all moneys paid into the City treasury for fines and licenses, and .shall prop- erly endor.se and file all receipts from the Trea.surer which .shall be placed in his hands; shall charge the Treasurer with the amount of the a.ssessment roll when it is delivered to the Treasurer, and shall credit him with amount remaining unpaid when the .same is returned to him; shall keep an account with the A.ssessor or other officer who .shall collect City taxes, and shall at the first regular meeting of the Council in July of each year make out a report showing the entire amount of moneys received during the year, from what received, and how expended, the amount of outstanding warrants, and shall make an exhibit, showing the probable amount of revenue which may accrue to the Citv during his half-year following his semi-annual report. ' vSec. II. He shall, under control of the Mayor, have charge of the City seal, and shall affix the same to licen.ses and other public papers requiring authentication. He .shall, when called upon by parties requir- ing a licen.se, or upon pre.sentation by them of the Treasurer’s receipt therefor, issue licenses when b}’ law such licen.ses are required, and shall have power to make out and collect licenses from all persons who are liable to pay the .same, and he shall keep a well-bound book in which he .shall enter the names of all persons to whom licen.se is gi anted, the amount received therefor, and the date of issue and termination of such license. vSec. 12. The records of his office shall, when nece.ssary, be open to the inspection of the Mayor, any members of the Council or the public. vSpX'. 13. He shall receive such compensation for his .sei vices as may be allowed by ordinance or action of the Council. CITY OF WALLA WALLA. 177 vSec. 14. This ordinance to be in force from and after its passage and publication. Passed the Common Council August i6, 1878. Approved, August 17, 1878. C. E. WHITNEY, City Clerk. JAMES McAULIFF, Mavor. ORDINANCE NO. 8. AN ORDINANCE DEFININCx THE DUTIES OF CITY ATTORNEY AND FIX- ING HIS FEES. The City of IValla \ Valia Does Ordai/i as follows : Section i. There shall be elected by the Citv Council at its first meeting after each general election, an Attorney for the City, who shall hold his office for one year, or until his successor is appointed. But he may be removed at any time by vote of the Council for incapacity or other good cause. ' vSpX'. 2. It shall be the duty of the City Attorney to appear for the City and prosecute or defend any and all suits in which the City is in- terested and to prosecute all cases for violation of City ordinances, and to give his opinion in writing to the Council on any matter in which the City is interested when requested by the Council. vSec. 3. He shall be entitled to receive for his service for the prose- cuting or defending of any case or suit on behalf of the City, such rea- sonable compensation as l)y the Council mav be agreed upon. vSec. 4. In all prosecutions before the Justice of the Peace for the Cit\% he shall be allowed a fee to be taxed onlv against the defendant and paid by him, of not more than $25 or less than I5, which fee is to- be fixed by the Justice of the Peace as part of the costs, but in no case is said fee to be charged to the City unless the prosecution is speciallr ordered by the Council. 1 Superseded by Sec. 28, of .\meuded Charter. ORDINANCES OF THE 17H vSkc. 5. This ordinance shall be in force and take effect from and after its passage and publication. Passed the Common Council August 19, i87er day for time nec- essariU’ employed. This is the last ordinance fixing his compensation. CITY OF WALLA WALLA. 183 vShC. 3. 1 his ordinance lobe in force from and after its passag^e and publication. Passed the Common Coimcil August 21, 1878. c. ]<:. whitnf:y, City Clerk. Approved, August 22, 1878. JAMES McAULIFF, INIayor. ORDINANCE NO. 15. AN ORDINANCP; TO PKOXTDE FOR THE CEEANING OF STREETS AND ALEEVS. 1 he City oj Walla lialla does Ordain as follows: vSection I. That the occupants of any premises, and the owners and agents of any unoccupied premises fronting or abutting on any street or alley, be, and they are hereby required at their own expense, to clean the street or alley in iront of or abutting upon their respective lots or premises, by scraping, sweeping and removing the dirt or rubbish on Friday or Saturday of each week during the year ; the dirt and rubbish to be deposited in such place as the Street Commissioner shall designate. Sec. 2. The Street Commissioner is hereby authorized and directed to cause the streets in front of tlie property owned by the City to be cleaned in the manner prescribed in Section i of this ordinance, and for that purpose shall, as far as practicable, cause such work to be done bv the persons confined in the City jail, under the provisiotis of the ordi- nance providing for the working of City prisoners. vSec 3. A failure to comply with the provisions of Section i of this ordinance shall be deemed a misdemeanor, and upon conviction before the Justice of the Peace of the City, the offender or offenders shall be subject to a fine of not more than ten dollars for each and every of- fense. Sec. 4 * I he vStreet Commissioner is hereby directed to enforce the provisions of this ordinance. i84 ORDlNANCKvS OF THK Skc. 5. This ordinance to lake effect and be in force from and after its passage and publication. Passed the Common Council September 3, 1878 C. K. WfIITNP:V, City Clerk. Approved. vSeptember 4, 1S78 JAMES McAUUFI', Mayor. ORDINANCE NO. 16. DKFINING THP: DUTIES AND FIXING THE COMPENSATION OF THE street commissioner. The City of Walla Walla does Ordain as follows : Section i. The Street Commissioner shall have the general super- vision of all streets, alle3’s, roads, sidewalks, bridges, bulk-heads, pave- ments and public grounds in the City of Walla Walla, and shall report from time to time, to the Common Council such alterations, repairs or improvements as ma\' be necessary to all streets, alleys, roads sidewalks, bulk-heads, bridges and public grounds, together with the best manner of doing the same. Sp:c. 2. It shall be the duty of the Street Commissioner to super- inteml the grading, graveling and repairing of all streets, alleys, and planking of sidewalks, building and repairing of bridges and bulk- heads, and all other public improvements of the City which have been or ma^' hereafter by ordinance be placed in his charge or under his supervision. vSp:c. 3. It shall be the duty of the Street Commi.s.sioner to remove all obstructions from the streets, alleys, sidewalks, bridges and public grounds of the Citv, except as otherwise provided by ordinance. Sec. 4. It shall be the duty of the vStreet Commi.ssioner to cause the removal of all nuisances from the streets, alleys and public grounds within the limits of the City and the necessary expense of such removal .shall be paid out of the City treasury when the person or per.sons caus- nig or permitting such nuisance cannot be found. Sec. 5. It shall be the duty of the vStreet Commissioner to keej) in repair all bridges, bulk-heads, and crosswalks in the City, and to notif}' all persons to build .sidewalks when ordered by the Council and when CITY OF WALLA WALLA. 1^5 •sidewalks are broken or out of repair to notify the owners or occupants of the premises to forthwith repair the .same, and if tlie owners or occu- pants fail to repair the same within five days from such notice, it shall be the duty of the Street Commissioner to repair the same at the expense of the owner or owners of said premises, and the same shall be a lien on the said premises to be recovered by suit for the same. The Street Com- missioner shall perform such other duties as are or may hereafter be re- quired of him by any ordinance or resolution of the Common Council concerning the streets, sidewalks, bridges, bulk-heads and public grounds of the City. vSkc. 6. The vStreet Commi.ssioner shall have the authority of a policeman of the Cit\’ and shall have charge of all property of the Citv for the improvement of .streets, .sidewalks, crosswalks bridges and bulk- heads, and it shall further be his duty to see that all ordinances relating to streets are strictly enforced and to make complaint before the Justice of the Peace for the City of all violations of such ordinances. vSkc, 7. In all cases where a conviction .shall be had before the Jus- tice of the Peace of the City upon the complaint of the Street Commis- sioner for a violation of any ordinance relating to streets, the Street Commi.ssioner shall receive, as compensation for his trouble, the sum of two dollars, to be taxed as costs against the offender, but in no event shall the City be holden for the same. Sec. 8 The Street Commissioner shall receive for his services a monthly salar}- of sixty dollars, payable monthly.' Sec. 9. Ordinan.ee No. 63, defining the duties and compensation of tlie Street Commis.sioner is hereby repealed. vSec. 10. This ordinance to be in force from and alter its passage and publication. Passed the Common Council September 5, 1878. C. R. WHITNEY, City Clerk. Approved, September 6, 1878. JAMES McAULIFF. Mayor. 1 Ordinance No. 536, fi.xes compensation at $55 ])er month. iS6 ORDINANCES OF THE ORDINANCE NO. 17. AN ORDINANCK IN KKI,.\TlON TOTHR STRRKTS, SIDKWAI^KS AND CROSS- WALKS AND RHOCLATINO THIi SAMK. I he Lity of \\a//a \\a//a does 07 "dain as fo/loios: Srction I. I hat from and after the passage of this ordinance it shall not be lawful for any person to break up, dig up, cut, excavate or fdl in any street, or construct any sidewalk, crosswalk, plank, gutter or roadway, or do any work in or upon any of the public streets and allevs within the City limits, except as in this ordinance provided Skc. 2. Any person or persons wishing to grade or make any kind of improvements, before commencing the same, shall apply to the com- mittee on streets and public property for a permit therefor, which appli- cation shall state the location and description of work to be done and the time necessary to complete it. vShC. 3, Permits shall not be issued by the committee on streets and public property, except as hereinafter provided. ShC, 4.. No permit shall be issued for work upon any street or alley where the grade thereof has not been legally established, while a propo- sition to alter or amend a grade thereof is pending before the Council, 01 for work of anjc description other than is authorized bv this ordi- nance, unless the Common Council b}^ ordinance or resolution expressly so direct. vSkc. 5. The street committee may refuse their permit to remove any earth from any street of the City if, in their judgment, said earth will be required on that or any other street or alley of the City. Skc. 6 Upon presentation of such permit to the City Surveyor he shall make the necessary survey for the improvement therein described ; j)rovided, however, if the work is not done within the time specified in the permit and a second survey becomes necessary, such survey shall be at the expense of the applicant therefor. Sec. 7. After testing the accuracy of any work the City vSurve}'or shall certify that the work is upon the proper grade and that the mater- ials used are in accordance with the provisions of this ordinance, and such work so accepted, as far as it extends, shall be deemed a comple- tion of that part of any improvement ordered by the Common Council. Skc. S. All filling reciuired in sidewalks or roadways shall be done with good clean earth, free from sticks, roots or other perishable mater- ial, and the earth work shall be neatly trimmed to grade after the com- pletion of all other work. Skc. 9. The grade of Main and parallel streets hereafter established shall run from center to center, and tlj^e curbs of those streets shall cor- CITY OF WALT A WALLA. 187 respond to the official grade of the center of the street opposite. The grades of streets running from north to south, on the intersection of INIain and parallel streets shall be level and shall run from line of block to line of block, the grade of the curb lines conforming, to the official grade of cross street, and running with grade pai'allel to the center of street. vSkc. ig In all cases not otherwise provided for the curbs shall correspond to the official grade of the street of which said sidewalk shall form a part. Sidewalks shall rise from the curbs to the line of the block at the rate of one-fourth of an inch to ever\’ foot of width, and where the covering planks do not cover the whole width of the sidewalks the space not covered shall be filled to the top of the curb ; the width of all side- walks hereafter laid on streets eighty (^80) feet wide shall be twelve (^12) feet and upon streets one hundred tioo) feet wide shall be sixteen (16) feet, measuring from the line of the block to the outside of the curb. Sec. II. Curbs shall be of wood fifteen (15) inches wide, three (3! inches thick and in lengths of not less than nine (9) feet, and their ends shall be cut square, so as to make good square joints. Spx 12. 'In all sidewalks there shall be placed sills not more than two feet apart. The sills shall be 2x6 inches, placed on or imbedded in the firm earth, at equal distance apart, and parallel with the (iurb, for the covering plank to rest upon. In all cases where there are more than twelve inches filling in the sidewalk, the sills or stringers shall rest upon blocks not less than 4x6 inches, extending down to the firm earth. The blocks shall not be more than four feet apart under each stringer. The covering plank shall not be less tlran i '4 inches thick and not more than eight inches wide; and in length as hereinafter specified, viz: upon INIain street from First street to Fifth street, sixteen feet ; from Fifth street to Eleventh street, ten feet wide, and on said street from First street to the north-easterly line of the City, eight feet. Upon all other one hundred foot streets, eight feet, and upon all eighty foot streets, six feet long. Said sidewalk to commence not more than one foot out from the line of the lots. And in cases where the covering planks do noi ex- tend to the full width of the .sidewalk, at every ten feet a plank shall ex- tend to the full width and be mortised into and spiked to the curb, ex- cept on streets that have not been graded ; provided, that the Council, in ordering improvements of streets, may alter or modify the kind of sidewalk to be laid in any street heneafter improved, in such manner as they may think proper. In all streets of the City that portion of the sidewalks lying between intersection shall be wholly planked. The planks shall be securely fastened to the curbs and sills b}^ two 3od nails, driven at least one-fourth of an inch below the surface. 1 AS amended by Ordinance No. 34. Approved, March 19, 1S79. i88 ORDINANCKS OF THE vSp:c. 13. All crosswalks hereafter laid down shall not be less than four feet wide, constructed of three inch plank and shall be laid in a line with the middle of the sidewalk or at or near the side line of the street as the City Surveyor and the committee on streets and public property shall desi<(nate They shall rest upon sills not less than four feet lon^, ei.^dit inches wide and three inches thick, well imbedded in the earth. On all streets the sills shall not be more than four feet apart. The coverino- plank shall correspond to the slope of the street and extend within two feet of the curb. The crosswalks shall be connected with the sidewalks with aprons four feet loning such filing, the street or alley or portion thereof proposed to be improved or grade established or altered, and the kind of improvements proposed to be made. Sec. 3. This ordinance to take effect from and after its passage and approval by the Mayor. Passed the Common Council November 26, 1880. Approved, November 28, 1880. J. L SHARPvSTEIN, City Clerk. JAMES McAULlFE, Mayor, ORDINANCE NO. 85. AN ordinance: creating a stree:t de:partme:nt. The City of Walla Walla does ordain as follows: Section i. The committee on streets and public improvements, the City Surveyor and the vStreet Commissioner shall constitute a street de- partment. Se:c. 2. The street department shall have charge of all engineering and public surveying to be done within the limits of the City of Walla Walla, including the care of all public streets, alleys, roads, highways. 2 o6 ORDINANCKvS OF THK ])arks. grounds, sewers and bridges, and the surveying of all linesoflots, streets, alleys and sidewalks, and other lines which may be surveyed by the authority of the Common Council and of all street improvements and repairs. Sec. 3. All such engineering and surveying shall be done by the City Surveyor. Sec. 4. In addition to the duties above specified the City vSurveyor shall cause to be kept a record of all field notes of surveys, estimates of improvements or repairs, and work done in pursuance of the provisions of this ordinance or by the authority of the Common Council. And when required he shall issue certificates of .surveying done for private parties. vSec. 5. The City vSurveyor shall cause to be placed line monu- ments and benchmarks, not farther apart than at the intersection of every third street. Sec. 6. The City Surveyor .shall take charge of all profiles of grades, and shall furnish the Cit}' Clerk with a table of grades written up to date for ready reference. vSec. 7. The City vSurveyor shall keep an office at some convenient place. All people interested shall be allowed to examine maps and pro- files of grades at said office and said City vSurveyor shall give to property owners, contractors and other interested parties such information as may be neces.sary and proper. Sec S. The City Surveyor shall have supervision of the grade of all public streets and improvements in the City, and shall issue joint certificates with the Street Commissioner upon the completion of any work, either done by order of the Common Council or by the authoritv of permits. Sec. q. The City Surveyor shall be allowed a salary of fifty dollars per mouth.’ When in the judgment of the street committee it shall be- come necessary he shall be allowed a chain-bearer or rodman for work in the field, at a compensation not to exceed two dollars and fifty cents }>er diem, when actually employed. Sec. 10. All work done .is above specified by order of the City of Walla Walla or in pursuance of ordinances made by said City, shall be subject to the approval of the committee ou .streets and public im- provements. Sec. ] I. That the City Surveyor, before entering upon the duties of his office and within ten days after the approval of this ordinance, I Ordinance No. 336, fixes compensation at $5.00 ijer day for each day actually em- ployed. CITY OF WALTA WAFFA. 207 shall excute a bond to the City of Walla Walla in the sum of one thou- sand dollars, payable in United States gold or silver coin, with sufficient sureties, to be approved by his honor the Mayor, conditioned that he will well and faithfully perforin the duties of his office. Sec. 12. That the Street Commissioner shall perform the duties of his office as laid in Ordinance No. t6, and such other duties as the Com- mon Council shall from time to time direct. Sec. 13. All ordinances or parts of ordinances conflicting with this ordinance are hereby repealed. Passed the Common Council December 21. 1880. J. L. SHARPvSTEIN, City Clerk. Approved, December 21, 1880. JAMES McAULIFF, Mayor. ordinancf: no. 88 . AN ORDINANCE ESTABUSHINO THE GRADE OF MAIN STREET IN THE CITY OF WALEA WAECA, FROM FIRST STREET TO RITZ AVENUE. The City of Walla Walla does Ordain as follows : Section i. That the grades of Main street in the City of Walla Walla, at the intersections of the center lines shall be and are hereby estab- lished at the heights above the base of grades of said City as follows : P'irst street, 101.50; vSecond street, 97.70; Third street, 9264; Fourth street, 84.77 ; Fifth street, 80.21; Sixth street, 75.65 ; Seventh street, 71.09 ; Fhghth street, 66.53; Ninth street, 61.97; Tenth street, 57.85 ; Ffleventh street, 54.05 ; Twelfth street. 49 30 ; Ritz Avenue, 44 55. Sec. 3. This ordinance to take effect and be in force from and after its passage and approval by the Mayor. Passed the Common Council January 4, 1881. J. E. SHARPvSTFMN, City Clerk. Approved January 5, 1881. JAMES McAULIFF, Mayor. 2o8 ORDINANCKS OF THK ORDINANCK NO. 91. TO I'ROVIDH FOR KKK1MN(; .SIDlvWAI.KS FRKK FROM SNOW ,\ND ICE. r/u' Ci/y oj Wa/la W\il/a does Lh'dai/i as follouus : Section i. That all persons occupying property on anv and all streets within the corporate limits where .sidewalks are laid, shall and they are hereby required to keep the .same clear from snow and ice; ])rovided, that in cases of vacant lots the owner thereof shall cause the .sidewalks in front of the same to be cleared as heretofore provided. Sec. 2. Any person failing to comply with the requirement's of this or1;NJ.SH THl'; DISJ'OSAl, Ol' .SPIRITUOUS OR .MAI/I' IJOUORS To A MINOR, OR HV PRAUOUUKNT RICPRIC- SI'^NTATIONS INDUCT-: SAID DISPOSAU. The City of Walla Walla does 07 'ilaiii as follows : Spx'JTon 1. Any per.soii who shall sell or ‘>ive any spiriUious or malt liquor to a minor without the permission, in writing, of the parent or guardian thereof, shall, upon conviction thereof, be fined in any sum not less than ten nor more than lifly dollars. vSkc. 2. Any minor or other jierson who shall, for the pur])ose of inducing a sale or gift of spirit or malt liquors to a minor, represent that said minor is twent3'-one or more \ears of age. shall, upon conviction thereof, be fined in any sum not less than ten nor more than fift\* dollars Passed the Common Council, ,September 6, i8- stauce aforesaid in the City powder hou.se shall pay to the City Treas- urer the sum of three dollars for a license to do so for each and eveiy- quarter-year, whereupon the Treasurer shall issue a license therefor. Sec 9. Upon the request of any such licensed person or firm the City Marshal .shall permit him or them, between the hours of sunrise and sundown, to have access to the powder house, to take therefrom or de- po.sit therein powder or other explosive substance aforesaid, but for no other purpose ; and no such permit shall be given except to adult, .sober. 2I6 ORDlNANCKvS OF THK careful persons ; provided, that said City Marshal may in his o^vn dis- cretion enter said powder house at any hour between sunrise and sun- down. vSkc. io. No person shall go within fifty feet of said powder house with matches or fire, or any article liable to ignite, upon or about his oi- lier person, and no loose powder or any substance easily ignited shall be suffered to be in or about said powder house ; and the floor and other jiarts of said house shall be kept in such a manner that there will be no < feet shall be known as the first- class. JyOts of the dimensions of 20x30 feet shall be known as the second class. CITY OF WALLA WAI.LA. 217 Lots of the diinensioMS of 10x2c feet shall he known as the third class. Lots of the dimensions of 10x12 feet shall l)e known as the fourth class, Lots of the dimensions not specified in this ordinance shall be classed with those of the nearest dimensions thereto, as herein shown. wSpx. 2. The price of lots of the first class shall be twenty-five dol- lars ; of the second class, twenty dollars; of the third class, fifteen dol- lars ; and of the fourth class, ten dollars. Sec. Any person wishinj^ to })urchase a lot or lots in said ceme- tery shall pay to the City Treasurer the price thereof, and shall deposit the Treasurer’s receipt for the money so paid with the vSexton before be- ing- allowed to occupy any part of the lot or lots purchased. Sec. 4. Ihe Sexton shall endorse on said receipt a correct descrip- tion of the lot or lots selected, with the name of the purchaser thereof, and within three - of lliis ordinance, is an .Mgreeineiit that one person or more than one person, sliall j^ain from what one person or more tlian one person sliall lose upon the hap])enin«‘ or not of some aj.(reed event, whicli is expected to occnr. according- to tlie nde of nsino an ap])liance or appliances, or in- strument or insirnments. and which happening of event at the time the stake is agreed upon, a])pears to be uncertain to one or more of the par- ties acting with the apjrliance or instrument, or the happening of which e^ent ajrpears to be certain to occnr to one of the parties, and certain not to occnr to the opjx.site party ; and it is immaterial by what appli- ance or appliance.s, instrument or instruments the said contingency is to ])e brought to happen, whether by cards, tickets, balls, the strikiiyg of a projectile or projectiles, or any other thing, and loss and gain isanything of value, or a part thereof, whether money or other thing, or the payment or promised payment for any thing to eat. drink, chew, or smoke, or any thing which is thought or believed to be valuable or desirable bv one of the parties. Passed the Common Council. July ii, 1.S82. Approved, July 12, 18S2. JAMHS McAUUFF. Mayor. Li- F. a. SHAW, City Clerk, ORDINANCE NO. 147. AN ORDINANCE TO RKGUEATK CEEEARWAY.S AND UGHT.S. 'J'he Lity of U'al/a VWilla does Ordaio as follows: vSi-:CTJON I. That no aperture, excavation, cellarway or steps shall be made, allowed, or maintained within the City of Walla Walla, in or upon the sidewalks thereot except the same be permitted bv a special ordinance, specifying the locality and dimensions thereof, and the per- son desiring to maintain the same giving a bond with sufficient security , approved by the Council, pa\'able to the City, to have the same pro- tected, maintained, and kept in accordance with the provisions of this ordinance. vSi-;c. 2 All cellarways to cellars which are not used for actual bu.si- ness places, for retail of beer, liquor or other place of retail .sales shall be covered with a door which shall be sufficiently solid and strong to sup- port foot travelers, and be so constructed that M’hen shut they shall be 222 ORDINx\NCKS OF THE even with and form a part of the sidewalk, and the doors shall not be opened except in the day time, and when opened shall have a person stationed thereat to act as a guard and warn the public of the danger thereof. Sec. 3. All cellarways leading to cellars used for retail sales shall be protected with a solid, substantial railing, at least three feet high on all sides, except the direct entrance upon the stairs, and such entrance shall be protected by a substantial gate of the same height as the railing, and said gate shall be kept shut at all times when the cellar is notin ac- tual use for the purposes aforesaid, or while the same is not so used, when persons are actually passing through such gate, and while said cellars are in actual use for retail as aforesaid, and the gate to the cellar- way is left open, the person occupying the cellar shall cause the cellar- way to be kept lighted during all the time the gate shall be left open in the night time. Sec. 4. All cellar lights in sidewalks shall be so constructed and maintained as not to incommode or endanger travelers on the side- Avalk. Sec. 5. Any person who shall maintain or keep a cellarway or cellar lights in a manner which shall not conform to the provisions of this ordinance shall be fined in any sum not less than ten nor more thau one hundred dollars and each maintainance after each complaint filed shall be deemed a new offense, and each person so violating this ordi- nance, in addition to such fine, shall be liable for any and all damage which may happen to any person or persons from any accident which shall occur on account of any failure to comply herewith, and the owner as well as the occupant of the premises shall be both and each liable to a fine and damages as aforesaid. Sec. 6. It shall be the special duty of the Street Commissioner and the general duty of the City Marshal and each policeman to enforce this ordinance by complaint to the Justice of the Peace for the City and other proper proceedings, and it shall also be the duty of the City Attorney to enforce the provisions of this ordinance. Passed the Common Council July 28, 1882. Approved, July 29, 1882. PE F. A. SHAW, City Clerk. JAMES McAUUFF, Mavor. CITY OF WALL A WALLA 223 ordinance: no. 150. AN ORDINANCE TO SUPPRESS THE UNHEAETHFUC USE OF OPIUM. The. City of Walla Walla does Oi'dain as follows : Section I. It shall be unlawful for any person within corporate limits of the City of Walla Walla to keep, sell or dispose of any opium, or any of its extracts or compounds ; provided, that this section does not apply to regular physicians keeping said drug for use in their profession, or to druggists or apothecaries keeping the same for sale on prescription of physicians. Sec. 2. It shall be unlawful for any person to sell or dispose of any opium or any of its compounds or extracts, except druggists or apothe- caries ; nor shall any druggist or apothecary sell or dispose of any of the drugs aforesaid, except upon the prescription of a regular physician ; provided, however, that the extracts or compounds referred to in this and the preceding section shall be construed as referring to such extracts or compounds only as are prepared for inhaling or smoking. Sec. 3. It is hereb}' made the duty of every druggist and apothecary doing business within the corporate limits of said City, to keep a record of each sale of said drug, with the name of the purchaser, and the physi- cian who prescribed the same, which record shall at all times be open to the inspection of the police and City Attorney, and a failure to keep said record as aforesaid shall be deemed a violation of this ordinance. Sec. 4. It shall be unlawful for any person, while within the cor- ])orate limits of said City, to inhale or smoke opium or anv of its com- pounds or extracts. Sec. 5. It shall be unlawful for any person within .said City to pre- pare for smoking or inhaling, any opium, its extracts or compounds, or to keep the same after it is so prepared. Sec. 6. It shall be unlawful for any person within said City to keep any pipe or appliance made to smoke or inhale said drug or fitted therefor. Sec. 7. It shall be unlawful for any person to smoke or inhale opium or any of its extracts or compounds, upon any land, or within any tenement or place over which he has control, or permit any other person to do so. Sec. S. Any person failing to perform the duties prescribed by this ordinance, or who shall violate this ordinance or perform any act de- clared unlawful thereby, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding one hundred dollars, and all drugs, or pipes, or appliances kept in violation of this 224 URDiXANCHS OF THlv ordinance are lierehy declared foiTeiied, and slndl l>e so adjndj^ed bv Uie court; provided, that llie value of the tliinj^s hnfeited and the fine shall, when conjoined in one jndginent, not exceed one hundred dollars. SiCC. 9. It shall be the duty of the INIarshal and each ])oliceinan to enforce this ordinance, and to arrest each and every violator thereof, and to sei/e all drn<.;s, ]>ipes, and a])pliances used or kept contrary to the ])ro\isions hereof and to make coinplaitit aoainst snch person or thing. When the ])erson arrested claims to be or is the owner of the drug, pipe, or other api)liance seized, the coni])laint may embrace both the per.son and the article, and in case of the seizure of any of the articles ahjresaid. and no arrest of the i)erson, then the complaint may be made against the article only, in which case the officer making the seizure shall post notices at the place of seizure, and also at the door where the court is held, stating the time and place the case will be heard, which said hear- ing .shall be at least three days after the notices are thus ])osted. Skc. 10. If at the hearing of a comjilaint it appears that the things mentioned therein were kept contrary to this ordinance, the }ustice shall adjudge the same forfeited, and that the .same shall be de.stro\ed, and issue a writ of execution accordingly, which writ shall be immediatelv obeyed by the Marshal, Skc. II. Though direct evidence of the violation of this ordinance shall be sufficient to convict, it shall not be necessary, but any circum- stantial evidence which satisfies the Justice or jury that the conpilaint is true shall be sufticieiit and among the.se circumstances it shall l)e ad- missible to ])iove the odor of the ]nemises ; that a per.son is under the inlluence of opium ; that opium is kept by a per.son or on premises without having been prescribed as jrrovided ; the possession of a pipe or instrument for inhaling or smoking o])ium, and any of such evidence which is sufficient to satisfy the court or jury that this ordinance has been violated, shall be suflicieiit to convict ; and evidence proving that opium or opium ])ipes are kept in a house, shall be, if unexplained, suf- ficent to convict the lessee or other person having control of the prem- ises, of a violation of this ordinance. Skc. 12. Ordinances No. 28 and No. 75 and all ordinances here- tofore passed on the same subject matter as this ordinance are hereby repealed. Passed the Common Council October 3, 1882, Fk F\ a. SHAW, City Clerk. Approved, October 4, 1882. JAMKS McAIJFIFF, Ma\-or. 225 CITY OF WAU.A WAIA.A. ORDINANCK NO. 154. OKDKK IX THK COMMON COUNCIL OK THK CITY OK WALLA WALLA. 7 he i ity oj U^alla Walla does Ordain as folUnvs: vSkcTion I. That in all cases wherein the Coininon Council shall not have adopted other rules or orders it shall be governed bv the rules and orders which are set forth in the “ Manual of Rules of Order for Deliberative* Assemblies,” by Major Henry M. Roberts, edition of 1880. Skc. 2. , That the president of the Common Council is absolute judge of rules and orders of the Council and of what is a violation ihereoi, nntd his decision thereof is reversed on appeal, and it shall be the duty of each member to comply with his decision and any order or command he may make and to do so without remonstrance or debate; and if any member shall fail to compl}- with such command or order the Marshal shall, upon order of the president, immediatelv arrest such member and so restrain him that he shall not interfere with the de- liberations of the Common Council. vS?:c. 3. Any nieml)er of the Common Council may appeal from the ruling or the order of the president to the whole Council, which appeal is taken by any member arising to his feet and addressing the president, saying: “I appeal from the riding of the president;” provided, such appeal shall be taken before any other linsiness shall have been taken up by the Council after the ruling of the president from which the ap- peal is taken, and not otherwise. vShc. 4. Immediately after an appeal is taken the president shall state the (piestion to the Council in these words: ‘‘Shall the ruling of the president be .sustained? ” and after the question is so stated each member may .speak upon the question once only and not to exceed ten minutes, when said question shall be put to the Council and the vote taken down in yeas and nays, and nnle.s.‘i majority shall vote nay the order of the pre.sident shall stand; if a majority do vote nav then the ruling or order of the pre.sident is set aside and held for naught. Skc. 5. If any per.son, by di.sorderly conduct, shall interfere with or disturb the deliberations of the Council, upon the order of the pre.si- dent, the Marshal shall immediately arrest him and .so dispo.se of him as to prevent further interference during the se.ssion at which the inter- ference or di.sturbance is made. Skc. 6. A wilful violation of the deliberations of the Common Council by a member thereof, or other person, or a wilful refusal of the president to entertain and to put to vote an appeal, or his di.sobedience to the decision upon appeal, .shall be deemed an offense of which the 2 26 ORDINANCES OF THF: Justice of the Peace for the City of Walla Walla shall have jurisdiction , upon complaint of the president or some member of the Council, and not otherwise. Skc. 7. Any person convicted of the offense herein mentioned shall be fined by the said Justice of the Peace in any sum not exceeding one hundred dollars. Passed the Cotnmon Council November 21, 1882. Approved, November 22, 1882. LE F. a. SHAW, City Clerk. JAMES McAULIFF, Mavor. ORDINANCE NO. 157. AN ORDINANCE TO PROHIBIT OB.STRUCTIONS OF MIRE CREEK. The City of Uat/a Walla does Ordain as follows : SpxTion I. That no person shall narrow the present channel of Mill creek within the limits of the City of Walla Walla, or put in the said creek any obstruction to the flow of the current thereof without having first obtained a permit therefor, specifying the locality of abut- ment, pier, piling or fill, and the kind and nature thereof and the man- ner in which it is to be made, from the street department of said City, and all work done under said permit shall be done under the supervi.siou of said department and according to its directions. Sp:c. 2. It shall be the duty of the street department to immedi- ately cause a survey of the channel and banks of Mill creek within said City and so much thereof as may be necessary to protect .said City, both above and below said City, to be made, and mark and describe the boundaries and banks thereof, to the narrowest limit deemed consistent with the safety of .said City, with the neces.sary turns and windings to pre.serve property and cause a plat to be made thereof; provided that the channel of said creek shall not be less than fifty feet at any place within said City, 227 CITY OF WAUvA WALTA. Sec. 3. The City Attorney shall sue out a writ of injunction or in- stitute other proceedin^(s to prevent any person from violating this art of such fence oi in some other man- ner, over or near such open drain, acpieduct or aperture and the er- niit those who may desire to plant trees, plants or shrubs, or otherwdse beautify the lot or graves, to do so, but alwavs under his supervision so that no wrong is done to other lot owners. He shall cause the sidew'alk leading to the City cemeter}* to be kept in good re})air. It is herebv sjDecially made his duty to inform the City Attorney of any tres}5ass tipon the cemetery grounds, or of any dis})lacenient or breakage of anv gate, fence, slat, tree, })lant or shrub connected with the grounds or any lot thereof, or of the removal of any flower, })lant or other article there- Irom, and to make complaint before the pro}oer tribunal against any and all tres}5assers in the matters aforesaid, and have them })i*osecuted and })unished under the laws of Washington Territorv. He shall charge five dollars for digging each and every grave unless ordered by the Mayor to dig the same free of charge ; provided, how- ever, that the receipt of the City Treasurer shall be received b}^ him in lieu of money. He shall }^ay all money received by him for digging graves into the City treasur}’. He shall have^the right to contract with lot owners for his services in beautifying or keeping lots in order, or for digging up graves and re- moving the remains elsewhere in the City cemetery for sucli price as shall be agreed upon, the ]3roceeds whereof shall be jDaid by him into the City treasury, and shall be so paid by him, together with all the moneys for digging graves, at least once each month. He shall make a report of his doings to the City Council once each month. vSpx. 5. The City Sexton shall be under the supervision of the ceme- tery committee vSkc. 6, The City .Sexton shall receive a .salary of 'I65 per month, to be ])aid out of the cemetery fund. SpX'. 7. All moneys paid into the City treasury by the City .Sexton shall be paid into the cemetery fund. I Ordinance No. 536, fi.ve.s compensation at $53 per montli. CITY OF WATTA WALLA. 253 Skc. S That Ordinance No. 78, entitled “An Ordinance in Rela- tion to the City vSexton,” approved October i, A. D. 1880, be and the same is hereby repealed. Passed the Council October 5, 1886. Approved, October 6 , j886 . J. M. BOYD, Mayor. HKNRY KKLLINO, City Clerk. ORDINANCE NO. 261. .\N ORDINANCE TO PROVIDP: FOR RFPAIR OF SIDEWARKS WHP:NKVP:r property owners fair to do so upon notice, and TO correct the cost thereof. The City of Walla Walla does Ordain as follows: Section i. That whenever any sidewalk is out of repair and unfit for public use. the Street Commissioner shall notify the owner of the adjacent property by written notice, delivered to such owner, if a resi- dent, and mailed if not a resident, to the proper postoffice address, if known, and if not known such notice to be served by posting in a public place oil such property ; which notice shall require the owner of such property to repair said sidewalk in a proper manner within five days from the date thereof. vSpX'. 2. If the owner of such property shall fail to comply with the demands of such notice, it shall be the duty of the Street Commis- sioner to report the same to the next regular meeting of the City Coun- cil. The City Council sliall examine the sidewalk required to be re- paired and shall order the Street Commissioner to repair the same, speci- fying the extent and character of repairs, at the expense of the property owner, and the amount so expended by the City shall be a debt due from the property owner to the City, and a lien on the jiroperty ad- joining. Passed the Council October 5, 18S6. HKNRY KPILLING, City Clerk. Approved. October 6, 1886. J. :M. BOYD, :Mayor. 254 ORDINANCEvS OF THE ordinancf: no. 270. AX ORDINANCK TO SKCURK A SUPPLY OP WATp:r FOR THK CITY OF WALLA WALLA. The City of li hl/a U hlla does Ordain as follows : Section i. The City of Walla Walla by this ordinance hereby contracts and agrees with the Walla Walla Water Company, a corpora- tion duly organized and doing business under the laws of the Territory of Washington, in the manner and upon the terms and conditions as provided and set forth in this ordinance; and upon acceptance of the terms of this contract by said Walla Walla Water Company as herein- after provided, the same shall thereupon become and be a valid and binding contract between the parties. vSec. 2. The City of Walla Walla hereby gives and grants to said Walla Walla Water Company for the period of twentv-five {25) years from and after the date of the passage of this ordinance, the right to lay, place and maintain all necessary water mains, pipes, connections and fittings in all the highways, streets and alleys of said City for the purpose of furnishing the inhabitants thereof with water; but the same shall be placed far enough under ground to constitute as little obstruc- tion as practicable, and in such manner as to do the least practicable damage to streets; and not more than twenty-five feet from the bound- ary line of the street, and in all cases where ditches for such purposes shall be dug in the streets the same shall be left as near as practicable in the same condition as before, and the ground removed in digging such ditches shall be well and firmly packed and tamped while being replaced. Sec. 3. The said water company shall hereafter lay all their mains of sufficient size to carry fire hydrants, and they shall erect one stand pipe on each side of Mill creek at or below Sixth street, so as to equalize and make available the pressure of the water in their reservoirs as now con- structed, and shall extend their system of mains as fast as the popula- tion and growth of tlu; Town shall reasonably Warrant; and mains on the north and south sides of Mill creek shall be connected so as to giye iwessure from the reservoir of the greatest elevation in time of fires ; and the main on First street shall be connected with the Sixth street main by mains through each alternate cross street from Birch to Main, inclusive. vSec. 4. rile City of Walla Walla shall have the right to erect in a proper and workmanlike manner, and maintain at its own expense, in such manner as to prevent leakage, as many fire hydrants on the mains of the water company as it shall see fit, not exceeding one at each street intersection; and in case of fire, the City, through its officers and em- CITY OF WALLA WALlvA. 255 ployes, shall have all reasonable and necessary control of the water company’s water, mains and reservoirs for the extinguishment thereof; and for the purpose of drilling fire companies shall use such water as may be necessary therefor, not oftener than once in two weeks for each fire company ; and the City shall also use such water as may be neces- sary and convenient in its engine houses'and other City buildings, and to supply any and all City fire cisterns. Sec. 5. The Citv of Walla Walla shall pay to said Walla Walla Water Company for the matters and things above enumerated, quarter- yearly, on the first days of July, October, January and April of each year, at the rate of fifteen hundred dollars per annum ($1,500) for the period of twenty-five (25) years from and afteV the date of the passage of this ordinance, the fir.st quarterly payment to be made on the first da}- of October next (October i, 1887. ) Sec. 6. The City of Walla Walla shall, during said period, without expense for water, be allowed to flush any sewer or sewers it nia\' here- after construct, at such time during the day or night as the Water Com- pany niav determine, and under the direction and supervision of such officers as the City may from time to time designate, and not oftener than once in each week. Sec. 7. For all the purposes above enumerated .said Walla Walla Water Company shall furnish an ample supply of water, and for domes- tic purposes, including sprinkling lawns, shall furnish an ample supply of good wholesome water at rea.sonable rates to consumers at all times during the said period of twenty-five years ; and this contract shall be voidable by the City of Walla Walla so far as it requires the payment of money, upon the judgment of a court of competent jurisdiction, when- ever there shall be a .sub.stantial failure of .such .supply or a substantial failure on the part of .said compain* to keep or perform any agreement or contract on its part, herein .specified or in said contract contained. But accident or rea.sonable delay shall not be deemed such failure./ And until .such contract shall haye been so ayoided the City of Walla Walla shall not erect, maintain or become interested in any water works except the ones herein referred to, .save as hereinafter specified. Sec. 8. Neither the existence of .said contract nor the pas.sage of this ordinance .shall be construed to be or be a waiver of or relinquish- ment of any right of the City to take, condemn, and pay for the water rights and works of said or any company at any time, and in case of such condemnation the existence of this contract shall not be taken into consideration in estimating or determining the yalue of the said water works of the said Walla Walla Water Company. Sec. 9. vSince the City may, before the expiration of this contract, 256 ORDINANCES OF THE need or desire to use a greater pressure for the extinguishnient of fires than could be furnished by gravitation from the company’s reservoirs, said water company in laying new mains hereafter shall lay down such mains within the limits where fire hydrants shall be placed, as will sus- tain a reasonable pressure, not less than 50 pounds to the square inch at any point, for such purpose ; and in case the City shall, before the ex- piration of this contract, desire to use the company’s mains for the ex- tinguishment of fires otherwise than as provided in the preceding sec- tions of this ordinance, it shall have the right to do so upon jjaymentof a reasonable quarterly compensation therefor. vSkc. 10. All contracts now existing between the City and said com- pany, requiring the payment of money by the Citv to said company, are hereby avoided and terminated, Skc. II. The Clerk is hereby authorized and directed to make and enter into a contract in writing for and on behalf of the City of Walla W alia with the said Walla Walla Water Compaii} , in accordance with and in conformity to this ordinance, and the execution of such contract by the said Walla Walla Water Company shall be and constitute an ac- ceptance of the terms of this ordinance and contract ; and such contract as executed by both parties shall be recorded by the Clerk in full in the book in which ordinances are recorded. Passed the Council, March 15, 1887. Approved, March 19,1887. HPINRV KPIUJNG, Cit}" Clerk. J. M. BOYD, Mavor. ORDINANCE NO. 27S. AN ORDINANCE TO SECURE A SUPPEY OF WATER FOR THE CITY OF WAEEA WAEEA FOR STREET SPRINKLINi; PURPOSES. The- City of Walla J Valla aloes' 07'dain as follows: Section i. That the City Clerk be and he is hereby authorized, empowered and directed to enter into a contract in writing for and in the name of the City with the Walla Walla Water Company, a corpora- tion, whereby said Water Company shall agree to and with said City of Walla Walla, for and in comsideration of one dollar to be paid by the said City to said compain’ on written demand, to furnish at all times for CITY OF WALLA WALJ.A. 257 the term of twenty-five years from iVIay i, 1887, to said City, or to any person or persons having at any time a contract with or permission from said City to sprinkle the public streets or any thereof, with sufficient water to sprinkle all of said streets ; the City to draw said water at its expense from the pipes of said company l)y means of a pipe not exceed- ing two (2) inches in diameter, into a tank to be furnished and erected by said City at any point hereafter designated by said City, and from such stationary tank into tank or tanks on the carts or wagons of said City or other persons. Skc. 2. That said contract when so made and entered into shall be entered on the record book of the City Clerk and signed by him in be- half of the City and by the authorized officers of said company, and a copy of the resolution authorizing the officers of said company to enter into the said contract shall be entered in said book and signed by the said officers of said company. Pa.ssed the Council May 3, 1887. Approved, May 3, 1887. HENRY KELLING, City Clerk. J. M. HILL, Acting IMayor. ORDINANCE NO. 289. AN ORDINANCE GK.CNTINO TO C. K. HOPKINS, HIS ASSOCIATES AND AS- SIGNS, A RIGHT TO ERECT, MAINT.^IN AND OPERATE IN THE CITY OFWALEA WAIXA, WASHIN(xTON TERRITORY, AND IN OR I’NDER thp: sTREPtTs, aeeeys, avenues and thoroughfares thereof, pokes, wires and other appkiancfks, AND CONDUCTORS FOR THE TR ANSMESSION ()!• Ekectricity for tekephone purposes. The City of Walla U hlla does Ordai/i as follows : vSpX'Tion I. That a right and privilege is hereby granted to C. B. Hopkins, of Colfax, Whitman County, Washington Territorv, his asso- ciates and assigns, to erect or la}*, maintain and operate in the Cit\^ of Walla Walla, W. T., including all the streets, alleys, and avenues and thoroughfares thereof, poles, wires and other appliances and conductors for the transmission of electricity for telephone purposes. vSuch wires or conductors may be strung upon poles, or other fixtures aboveground. 25 « ORDINANCES OF THE or laid under ground in pipes or conduits or otherwise protected, and such other apparatus may be used as may 1)e necessary or proper to operate and maintain the same. vSkc. 2. It shall be lawful for .said Hopkins, his a.ssociates, or as- signs, to make all needful excavations, in an^^ of said streets, alleys, avenues and thoroughfares in said City of Walla Walla, W. T., for the purpose of erecting and maintaining poles or other supports for said wires or for the purpose of laying down, maintaining and operating other conductors underground for the purposes aforesaid. Skc. 3. Whenes’-er the said Hopkins, his associates or assigns shall disturb any of such streets for the purposes afore.said, he or they shall restore the same to good order and condition as soon as practicable and without any unnecessary delay ; and failing .so to do, the Cit\^ of Walla Walla, shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being made by .said Hopkins, or his assigns, the Citj* of Walla Walla shall cause such repairs to be made at the expense of said Hopkins, his associates or assigns ; and that said expense be a lein on the apparatus of the said Hopkins, his associates or assigns. Sec. 4. That places where poles are set or maintained shall be such as to do as little damage to or obstruction of streets and alleys as is con- sistent with effective construction and maintainence of the work. The wires shall be supported by safe and .substantial means at a distance not less than twenty feet from the surface of the ground where the .same cros.ses any street or alley. Sec. 5. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City of Walla Walla, from sewer- ing, grading, planking, repairing or altering any of the streets herein mentioned. But all such work shall be done, if pos.sible, so as not to obstruct, injure or prevent the free use of said poles, wires, conductors, conduits, pipes or other apparatus. Sec. 6 In consideration of the rights herebv granted the said City of Walla Walla, shall have the right to suspend upon the poles or place in the conduits, placed by the said Hopkins or his a.ssigns in the streets aforesaid, any or all wires which it may require for fire alarm or police telegraph purposes. Sp:c. 7. The rights, privileges and franchises herein granted, shall continue and be in force for the period of twenty years from the date of the passage of this ordinance. Sec. 8. This ordinance shall repeal any and all ordinances on the same sulqect matter. CITY OF WALLA WALLA. 259 Sec. 9. This ordinance shall take effect and be in force from and after its passage and approval. Passed the Council, August 2, 1887. Approved, August 3 1887. HENRY KE:LLING, City Clerk. JAMES McAULIFF, Mayor. ORDINANCE NO. 301. AN ORDINANCE TO PROTECT THE PUBEIC HEALTH AND TO REPEAL ALL PRIOR ORDINANCEvS ON THE SAME SUBJECT. The City of Walla Walla does Qrdain as follows : Section i. That there is hereby established a Board of Health for the City of Walla Walla, consisting of the Mayor of the City, the City Physician and the committee on Health and Police of the City Council. The City Physician shall be known as the Health Officer of the Citv. Sec. 2. The Mayor is ex-officio President of the Board of Health. The board shall meet at the call of the pre.sident, or by request of three members, the pre.sident shall call a meeting thereof. In the ab.sence of the president the board may elect a chairman, pro tern, who is clothed with the same powers as the president. Sec. 3. Every phy.sician in attendance on anyone sick with small- pox, cholera, yellow fever, typhus fever, typhoid fever, cerebio-spinal meningetis, measles, scarlet fever or diphtheria, shall report the .same to the Health Officer within six hours after becoming satisfied of the nature of the disease. Such report shall be made in writing and shall give the name, age, sex and residence of the patient, giving street and num- ber of residence and date of attack. In the absence of an attending physician, the peuson in charge of any one so affected .shall report the -same to the Health Officer in the manner and form as herein provided. Sec. 4. If there be an attending physician at the birth of any child within the City of Walla Walla, whether said child be born alive or still-born, said physician shall report to the Health Officer of the City within twenty-four hours after .said birth ; if there be no attending phy- sician, then the parent or parents of said child shall make such report, and if the parent from any cause be unable to make the report and there be no attending physician then the person in whose house the birth oc- 26 o ORDINANCES OF THE curs shall make such report. vSuch report shall give the name, race,, street, number of residence of the parents, the sex of the child and date of birth. vSkc. 5 . In case of death within the City limits from any cause whatever, or in case of death without the Citv limits of a resident of the City, no burial shall be permitted within the City cemeteries except on the certificate of the Health Officer, or in his absence from the City, a certificate from the Mayor thereof. The Health Officer or Mayor shall give such certificate only, when the undertaker or other person shall present to them a certificate of a physician, or in ca.se there is no physi- cian the certificate of a coroner, and in case there was no pli 3 'sician or in- quest held, then on the certificate of some reputable person, stating the name, age, sex, place of birth, if known, occupation, place of resi- dence of the deceased and date and cause of death. The vSexton shall not permit an\’ burial without a certificate from the Health Officer or Mavor. The Sexton shall, on the first day' of each month report to the Health Officer all burials and compare with him all certificates re- ceived. Skc. 6. In case an interment is made within the City' limits, the Mavor shall cause the remains to be removed to the City cemetery. vSeC. 7 . The remains of a deceased person shall not be permitted to be brought into the City, nor transported from the City, without a permit therefor has been first obtained from the Health Officer or in his absence, from the Mayor, nor shall such remains be kept within the City for a longer period than twelve hours without such permit; and when the body is transported from the City, such permit shall certify that the condition thereof is such as not to endanger health from con- tagion, and when such body is imported into or is transported through the City a certificate from a proper, reliable person, that the corpse is in .such condition, shall be pre.sented to the Health Officer before he shall give -said permit, and notwithstanding .such certificate, if the Health Offi- cer discovers that the condition of the corp.se endangers the health of the inhabitants of the City, he shall refu.se such permit, and if he shall at any time discover that the body of a deceased person is dangerous to the health of the inhabitants of said City, he shall cause it to be imme- diatelv buried and the person or persons bringing such corpse within the Citv or directing it to be brought shall be liable for all the expense of burial and ten dollars fees to the Health Officer, besides the otherpenal- ties in this ordinance. vSec. 8 . 'All reports made to the Health Officer shall contain all in- formation required by the laws of the vState of Washington, and .shall I .\.s amended by Ordinance No. ,S42. CITY OF WAFFA WALLA 26 be made upon printed blanks furnished by the City or State Board of Health and the same shall be kept by the Health Officer until the first day of the month succeeding the month in which the same was filed with him ; and he shall during the time the same remains in his office, make a record of such information shown by said reports as shall be necessary to enable him to keep the registers provided for by Section 9 of this ordinance. And on the first day of the month suc- •ceeding the month in which the .same was filed with the City Health Officer, he shall file the said reports with the County Auditor as pro- vided by the laws of the State of Washington. He shall when re- quired by the board, examine into and if po.ssible ascertain the cause ■of any epidemic disea.se prevailing by reason of improper .sanitarv con- ditions of the City and recommend such mea.sures as he may think proper to prevent the .spread ot such disease. He .shall make an ex- amination of the public schools once each month, and recommend pro- per regulations for the health of the children attending .said school and if at any time a disease of any kind prevails in epidemic form, or liable to become epidemic, he may, with the comsent of the Board of Health, order .said schools to be temporarily clo.sed. He shall at all times be sub- ject to the Board of Health but at any time during the prevalence of an epidemic when it is impracticable for the board to meet, he shall, with the consent of the president of the board, be empowered to adopt such measures as will most effectually prevent the spread of the disea.se. He ^hall make it his special duty to .see that all persons violating any of the provisions of this ordinance are duly prosecuted and punisljed. vSkc. 10. The Health Officer .shall examine and make immediate report to the president of the Board of Health any case of a disease of a ■contagious nature that may come to his notice widiin the City limits, and it shall be the duty of the president to cause such patient to be re- moved to the pest house of the City if, under the circumstances, it is deemed necessary for the public .safetv. vSec. II. In all cases of removal to the pest house, where the per- son so removed is unable to procure a nurse and medical attendance, the Health Officer shall attend such person, and shall employ a suitable nurse; and provide supplies and such other articles as are necessary for the comfort of the patient, at the expense of the City, but in all other cases such expen.se shall be borne by the per.son reiiuiring .such atten- tion. Sec. 12. No jierson attending upon, or otherwise coming in con- tact with any one inflicted with any contagious disease whatever, shall jgo upon the streets or mingle with people not so exposed to disease, 262 ORDINANCEvS OF THE without first usin^j^ a disinfectant prescribed by a competent physician; and in case of small-pox, diphtheria or scarlet fever shall carefully change his clothing. ,Shc. 13. Whenever a case of small-pox or diphtheria exists within the City limits and for any reason it has not been removed to the pest house the Health Officer may place some suitable person in charge of the premises, where such case exists at the expense of the City, whose duty it shall be to see that the provisions of this ordinance are strictly complied with, so long as may be deemed necessary for the public safety. vSkc. 14. In case of death or recovery from a case of small-pox or diphtheria the person in charge of the patient during his or her illness- shall see that all bedding, bed clothing, carpets, curtains and garments^ of any description that have been used wdth the patient during his or her illness are properly and thoroughly disinfected, and that the house has- been thoroughly fumigated and disinfected before anyone who has not been exposed to the disease be allowed to enter the same. ' vSec. 15. Whenever death occurs from any contagious disease the lid of the coffin containing the corpse shall be securely screwed down before leavi^»g the house where death occurred, and shall not be again opened, and it shall be taken to the place of burial without stoppage;, and in case of small-pox, diphtheria or scarlet fever no person shall be allowed to accompany the remains to the burying ground,, except those who have been in attendance upon the deceased during his- illness and the undertaker and his assistants, and they shall change their clothing and use a disinfectant before they go out to mingle with the public who have not been exposed to the disease. Sec. 16. No person shall knowingly bring into the City anyone in- fected with the small-pox, diphtheria or scarlet fever, or the body of anyone who has died of either of the above named diseases ; nor shall any person owning or having control of any vehicle, use or permit such vehicle to be used to convey anyone so infected or the body of anyone who has died from either of the above named diseases without a written permit from the Health Officer. Neither shall any person without such written permit remove anyone sick with small pox, diphtheria or scarlet fever from one house to another within the City limits. vSec. 17. It shall be unlawful for the proprietor of any hospital,, hotel, lodging house or private house, where furnished or unfurnished rooms are rented to boarders or lodgers, to forcibly eject from such hospi- tal, hotel, lodging house or private house anyone sick with any contagi- ous disease without a permit to do so from the Health Officer of the City. CITY OK WALLA WALLA. 263 vSkc. 18. Whenever a contagious disease exists within the City Jiniits it shall be the duU' of the person in charge of the house wherein the patient is confined to have in a conspicuous place, a yellow flag, at least eighteen inches square, with the word ‘‘contagious” written con- spicuously thereon, wdiich flag shall remain until the premises have been disinfected to the satisfaction of the Health Officer. vSkc. 19. The Mayor shall, whenever in his opinion the protection of the public health requires the same, or upon the written recommenda- tion of the Health Officer, by a proclamation issued and signed by him as such Mayor, quarantine the entire City or any house in which any person sick with a contagious disease mav be. He shall in such pro- clamation specify the limits of such quarantine, and the same shall re- main in force until revoked by the Mayor. It shall be unlawful for any person other than a physician in attendance upon a sick person to pass within or out of the limits fixed by such quarantine without the written permission of the Mayor or Health Officer. The Mayor shall, and he is hereby authorized to emplo%- all means necessar}’ to insure and inforce compliance with such quarantine. vSfcc. 20. Any person violating any of the provisions of this ordi- nance shall be deemed guilty of a niisdemeanor,and upon conviction there- of, shall be punished by a fine of not less than ten dollars or more than three hundred dollars and be imprisoned until such fine is paid or served out. Skc. 21. All ordinances upon the subject of this ordinance in con- flict herewith, are hereby repealed ; provided, this repeal shall not affect the pay of the Health Officer. Skc. 22. This ordinance shall take effect and be in force from and after its passage and publication. Passed the Council, January 17, 1888. HKNRY KP:LLING, Citv Clerk. Approved, January 17, i888. JAMPkS McAULIFF, Mavor. ORDINANCE NO. 302. AN ORDINANCK TO PROVIDE EOR THE REPAIR OF ORADED S'TREET.S. '1 he City of IValla Walla does Ordain as follows : Section i. After any street or alley shall have been graded and ORDlNANCKvS OF THE 264 ^^ravelled, and such work accepted b}- the City, and such acceptance made a matter of record in the City Clerk’s office, it shall be and is hereby made the duty of ‘the City to keep such street in repair and to pay therefor out of the general or street fund as the City Council shall direct; in all cases where the expense of such repairs shall not exceed fifty dollars ($50) the same shall be repaired under the direction of the street department, wdien authorized by the Council or the street com- mittee, in all other cases the City officers shall proceed to have such re- pairs made b\^ contract, after advertisement for bids according to the provisions of the City charter. vSec. 2. This ordinance shall not apply to the repair of sidewnlks. Sec. 3. All ordinances and parts of ordinances in conflict herewdth are hereby repealed, and this ordinance shall take effect after its pass- age, approval and publication. Passed the Council, March 6, 1888. Approved, March 6, 1888. HENRY KEUvING, City Clerk. JAMES McAULIFF, Mayor. ORDINANCE NO. 305. AN ORDINANCE IN RELATION TO LIQUOR LICEN.SE. 7 Vu City of Ji ^alla M ai/a does Ordain as follou’s : Section i. That hereafter the license for sale of spirituous wines, malt or other intoxicating liquors shall be three hundred and fifty dol- lars ($350) per annum, payable in advance, and no receipt for liquor license, or liquor license shall be given until said sum is paid. Passed the Council, April 3, 1888. H. S. BEANDFORD, Acting Clerk. Approved, April 4, 1888. JAMES McAUEIFF, Mayor. ^ CITY OF WATLA WALLA. 265 ORDINANCK NO. 306. AX ORDINANCE AUTHORIZING THE OFFER OF A REWARD OF $500 FOR THE ARREST AND CONVICTION UPON A CHARGE OF AR.SON OF ANY PERSON WHO COMMITS SAID CRIME WITHIN THF: city LIMITS. The City of Waila Walla does Ordain as follows: That the Mayor be and is hereb}' authorized to offer a reward of $500 for the arrest and conviction of such person or persons as may hereafter commit the crime of arson within the Cit3', and the Mayor may, with the consent of the Council, increase the amount of said re- ward to $1000. Such reward may also be offered for offenses committed prior to April 3, 1887. Passed the Council, April 17, 1888. HENRY KELLING, City Clerk. Approved, April 18, 1888. JAMES McAULIFF, Ma\'or. ORDINANCE NO. 317. AN ORDINANCE AUTHORIZIN(t AND EMPOWERING C. E. BURROWS AND HIS ASvSOCIATES AND ASSIGNS TO ERECT AND MAINTAIN elf:ctric works and lay wires, and f:rect POLES TO SUPPORT THF; SAME IN THE streets and alleys of WALLA W.\LLA CITY. The City of Walla Walla does Ordain as follows : Section i. That C. FI. Burrows and his associates and as.signs are hereby authorized and empowered to erect electric works in the City of Walla Walla, and to erect poles and lay wires throughout the streets and alleys of said City for the purpose of distributing electricity for light, heat and power. Sec. 2. That the places where the poles are set shall be such as to do as little damage to or obstructions to the streets and alleys as is con- sistent with the effective construction and maintenance of the work; that an\* damage done to the streets or alleys by reason of erecting poles shall be repaired without delay. ■j66 ORDINANCES OF THE Skc. 3. That the erection and maintenance of said electric works in the streets and alleys of said City shall be under the control of the street department, which may order and compel any change necessary for the safety of the public in the use of the streets and alleys, and shall cause all things done in the streets and alleys to be done in a way as to cause as little inconyenience and damage to the public as is compatible with the effectiye erection and maintenance of said works, and said de- partment shall haye power to cause said works to conform to the public interest as aforesaid, in the original erection, and in any change deemed necessary, at the expense of the owners of said works. vSrc. 4. This ordinance shall take effect and be in force from and after its passage and publication. Passed the Council, June 19, 1888. Approyed, June 20, 1888. JAMES McAUElFF, Mavor HENRY KEELING, City Clerk. ORDINANCE NO. 31S. AN ORDINANCE GRANTING TO THE WAEEA WAEEA EIGHT, POWER & FUEE COMPANY, AND THEIR ASSIGNS, THE RIGHT TO CON- STRUCT, MAINTAIN AND OPERATE IN THE CITY OF WAEEA WAEEA, TERRITORY OF WASHINGTON, POEES, WIRES AND OTHER APPEIANCES FOR THE TRANSMIS- SION OF EEECTRICITY FOR EIGHTING .\ND POWER PI'RPOSES. /At’ City of Walla Walla does Ordain as follows: Section i. That there is hereby granted to the Walla Walla Light, I’ower & Fuel Compaii}’, (a corporation duly organized under the laws of the Territory of Washington, ) the right and privilege for the period of twenty-fiye (25) years from the date hereof, to erect poles or under- ground conduits, wires and other appliances and conductors, in and through all streets, avenues, alleys and thoroughfares of the City of Walla Walla, as the same now exists or may hereafter be extended, for the purpose of furnishing the City and citizens with electricity for elec- tric light and power purposes, and for any other purpose or purposes for which the .same is or may hereafter be adopted. CITY OF WAIJ.A WALLA. 267 vSec. 2. Whenever the streets shall have been excavated for the purpose of planting poles or inserting conduits, the surface of the same shall be restored as soon as practicable to its former condition by said company. Upon the said company failing within reasonable time to repair or restore said streets, the Cit}’ of Walla Walla may immediately proceed to cause such repairs to be performed, the cost of such repairs or restoration to operate as a lien against the plant of said company. vSec. 3. Said company hereby oblige themselves to construct their plant upon the most approved method and systems, and in such a man- ner so as not to interfere with the travel and traffic through said City or to cause any obstructions thereto. Sec. 4. This ordinance shall take effect and be in force from and after its passage .and approval, and written acceptance of the same by said company shall have been filed with the City Clerk within thirty (30 ) days of the approval hereof. Passed the Council, June 19, 1888. HENRY KKLLING, City Clerk. Approved, June 20, 1888. JAMES McAULIFF, Mavor. ORDINANCE NO. 319. AN ORDINANCE GRANTING TO THE WAELA WAEEA EIGHT, POWER & EUEE COMPANY, AND THEIR A.S.SIGNS, THE RIGHT TO CON- STRUCT, MAINTAIN AND OPERATE .STREET RAIEWAYS IN AND ADJACP:NT TO THE CITY OF WAEEA WAEEA, WASHINGTON TivRRITORY. The City of Walla I I talia does oi'dai)i as follows: Section r. That there is hereby granted to the Walla Walla Light, Power & Fuel Company, (a corporation duly organized under the laws of the Territory of Washington,) the right and privilege for the period of twenty-five (25) years from the date hereof, to comstruct, maintain and operate a street railway, operate by means of animal power, com- pressed air, steam,: cable or electric power, in, upon and through all .streets, avenues and roads in the City of Walla Walla, as the .same now exists or may hereafter be extended, for the purpose of furnishing the citizens of said City with transportation from point to point therein. 26S ORDINANX'KS OF THE vSkc. 2. The said company in consideration of this franchise hereby agrees that the fare charged passengers from point to i)oint within the Citv limits shall not exceed the maximum price of ten cents (loc.) Skc. 3. The said company further agrees that the road-bed of such railways shall be located upon the center of each street traversed, and that the same shall be completed and maintained ‘level with the surface ot said street so as to cause no unnecessary impediment in crossing to other vehicles, and also further agrees to restore all streets as soon as practicable after the construction of said railwavs to their normal con- dition. Skc 4. I poll the said company failing, within reasonable time after receipt of written notification, to repair, restoie or maintain said street surface, the City of Walla Walla may proceed to cause such re- pairs to be performed, the cost of such repairs or restoration to operate as a lien against the plant of said companv. Skc. 5. This ordinance shall take effect and be in force' from and after its passage and approval, and a written acceptance of the same by said company shall be filed within thirty (30) days of the approval thereof. Passed the Council June 19, 1888. Approved, June 20, 1888. HENRY KEELING, City Clerk. JAMES McAULIFF, Mayor. ordinance: no. 320. AX ORDINANCK GR.AXTING A RIGHT OF WAV TO THK ORKGON RATK- WAV .\ND N.WIGATIOX COMPANV AND I1\S SUCCE.SSORS IN INTKR- KST, OVKR AND AKONG RKKS OR MAV AVKNUK, IN THK CITV OF WAKKA WAKKA, WITH THE RIGHT TO CONSTRl'CT, IMPROVE, REPAIR, KEEP, OPERATE AND MAINTAIN A RAICROAD AND TEEEGRAPH DINE THERF:oN. The City of JJat/a lia//a does ordain as follows: Section r. That the right to lay down, grade, construct, improve, repair, keep, operate and maintain a railroad and telegraph line over and along Mav avenue and Rees avenue from the place where the said CITY OF WAIJ.A WALLA. 269 avenues are crossed by the Oregon Railway and Navigation Company’s railroad, thence along said avenues or either thereof, to Washington avenue, thence along Washington avenue to the County road, l)e and the same is hereby authorized, granted and confirmed. Skc. 2. The said railroad company shall make and at all times keep in good condition and repair crossings and walks over and across said railroad track, in all .streets cro.ssing said track in .said City not heretofore vacated, whenever said streets shall be ordered improved by ordinances. Sec. 3. This ordinance shall take effect and be in force from and after its passage. I’avssed the Council, Juh' 17, 1888. HENRY KELLING, City Clerk .\pproved, July 18, 1SS8, JAMES McAULIFF, Mavor. ORDINANCE NO. 322. AN ORDINANCE TO GRANT TO THE ORE(iON AND WA.SHIN(;T0N TERRI- TORY RAILROAD COMPANY AND ITS SUCCESSORS IN INTE:RE.ST, the: right to lay down, MAINTAIN AND OPERATE LINES OE RAILROAD UPON, OVER AND ACROSS CERTAIN STEE:TS and alleys in the city OE WATJ.A WALLA. The City of IValia Wal/a does ordain as follows: Sex'TION r. That there be and is hereby given and granted to the Oregon and Washington Territory Railroad Company and its succes.sors in intere.st, the right to lay down, maintain and operate a railroad line over, along and upon all the following streets and alleys, and on the following described line: Commencing at the west end of May avenue in Key’s addition, thence along May avenue to near intersection of Bowman street; across Bowman street and Paxton street and Rees ave- nue in Butler’s addition; across Jackson .street, Fhght .street, vSeventh street. Sixth street and P'ifth .street in Langford’s addition; across Moore street, between blocks J and K, in Sheil’s addition; across Madison street near Elm, in Sheil’s addition; acro.ss Pine street, between blocks I and 8, in Shauble’s addition; along Spokane street, between blocks 23 and 24, and between blocks 7 and 8, and acroSiS Spokane street, be- 270 ORDINANCKvS OF THE tween blocks 5 and 6, in Cain’s addition; across Rose street between blocks 2 and 5, in Cain’s addition; across Main street at or near inter- section of Palouse street, Boyer avenne and Main street; across Tukan- non street at intersection of Pearl, along Pearl' street to Touchet street, across Toncliet at intersection of Baker street, along Baker to Main street, across Main street at intersection of Baker; also across the alleys in blocks i, 2, 3 and 4, Langford’s addition; across alley in block 2, But- ler’s addition, and across and through alley in block 2, Cain’s addition, all in the City of Walla Walla. Skc. 2. The said railroad company shall make and at all times keep in good condition and repair crossings and walks over and across said railroad track, in all streets crossing said track in said City not heretofore vacated, whenever said streets shall be ordered improved bv ordinance. This ordinance shall take effect and be in force from and after its prssage and approval. Pa.ssed the Council, September 5, 1888. HENRY KEELING, City Clerk. Approved, September 5, 1888. D. W. SMALL, Acting Mayor. ORDINANCE NO, 330. AX ORDINANCK TO GRANT A STRKKT RAILWAY FRANCHI.SE. The City of Walla Walla does 0?' CONNECTED THERP:wITH. The City of Walla Walla does Ordain as follows : Section i. No proprietor, keeper or person having control of a place wherein spirituous or malt liquor is sold .shall induce or permit any woman or girl to dance or sing therein, or in any premises or room over which he has control, or connected therewith, or adjacent thereto. Sec. 2 No proprietor, keeper or person having control of any premises, room, or place connected w'ith or opening into any room or hallway, or stairway connected with an}’ place where spirituous or malt liquor is sold shall permit any woman or girl to dance or .sing therein. Sec. 3. No proprietor, keeper or person having control of any place where spirituous or malt liquor is sold or disposed of shall permit, or allow, or employ any woman cr girl to wait on customers or attend the bar. 28o ORDINANCKvS OF THE Sec. 4. No proprietor, keeper or person having control of any l)remises, room or place where spirituous or malt liquor is sold or dis- posed of, shall permit or allow any music or singing on said premises. Sec. 5. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof, be fined in any sum not less than $25 nor more than $100 Sec. 6. Ordinance No. 245 entitled “an ordinance to regulate em- ployes in drinking saloons and prevent dancing therein and in places adjoining and connected .therewith,” and all ordinances or parts of ordi- nances in conflict with the provisions of this ordinance, are liereby re- pealed. Sec. 7. This ordinance shall be in force and take effect from and after its passage and approval. Passed the Council, September 15, 1891. Approved, September 15, 1891. HENRY KEELING, City Clerk. JOHN L. ROBERTS, Mayor. ORDINANCE NO. 4.^4. AN' ORDINANCE TO AUTHORIZE THE BORROWING OF $40,000 FOR FUNDING THE OUTSTANDING INDEBTEDNEvSS OF THE CITV OF WAEEA WAEE-A, AND THE ISSUANCE OF $40,000 OF BONDS OF' THE CITY OF WAEEA WAEEA FOR SUCH PURPOSE, AND TO REPEAE ORDINANCE NO. 423, ENTITEED “ AN ORDI- NANCE TO authorize the BORROWING OF THP^ SUM OF $40,000 BY THE CITY OF WAEEA WAEEA, FOR THE PURPOSE OF FUND- ING THE PRESENT CITY IN- DEBTEDNESS.” The City of Walla Walla does ordahi as folloivs: Section i. Whereas, the City of Walla Walla has outstanding and unpaid its legally issued warrants and other evidence of indebted- ness amounting to the sum of $44,556.05, all of which said warrants, were legally issued for purely municipal purposes, and for the payment of which the City is legally bound and holdeii; and whereas, the said floating indebtedne.ss can be funded at a lower rate of interest and with CITY OF WAUvA WATTA. 2«I profit and benefit to the City; and whereas, it is necessary to borrow for said purpose the sum of $40,000, which said sum can be l)orrowed at the lowest rate of interest and upon the most advantageous terms by the issue and sale of negotiable twenty year bonds of the City, bearing six per cent, interest, payable semi-annually; and ihe City of Walla Walla, being a City of other than the first class, and none of said war- rants having been issued for the purpose of supplying the City with water, artificial light or sewers, has full power and authorit}- to borrow said money and issue and sell negotiable bonds as herein provided for, under authority of an act of the Legislature of the State of Washitig- ton, approved March 7, 1891, entitled An Act to authorize Cities and Towns to borrow money for municipal purposes and to issue negotiable bonds therefor;” and, whereas, the City of Walla Walla has received a large number of bids for said bonds, and has accepted the highest and best bid, which is more than par and accrued interest, and is a fair price for said bonds; now, therefore, The City of Walla Walla does Ordain as follo'ws : Sec, 2. That there be, and hereb}- are, ordered issued $40,000 of negotiable bonds of the City of Walla Walla, said bonds to be of the denomination of $1000 each, to be fort}' in number, numbered from one to forty, both numbers inclusive, and each of said bonds shall bear date and draw interest from January i, 1892, and shall be due and payable January i, 1912, and bear interest from date, until paid, at the rate of six per cent, per annum, payable semi-annually, on the first day of Jan- uary and July in each year; and each of said bonds shall be signed by the Mayor and by the City Clerk of the City of Walla Walla, and sealed with the seal of said City, and each of said bonds shall be payable, both principal and interest, in lawful money of the United States, at the Chemical National bank in the City of New York, upon the presenta tion and surrender of the bonds and coupons as they .severally mature. Ivach of said bonds shall have attached thereto forty coupons, each bearing the number of the bond to which it is attached, each for the sum of $30, repre.senting the semi-annual interest payments to fall due upon said bonds, said coupons to be numbered from one to forty, both numbers inclusive, one thereof to mature on the first day of January and July in each year, until the maturity of said bonds, the first of said coupons to mature July i, 1892, said coupons to be signed by the Mayor and the City Clerk. Bach of said bonds shall contain a proper recital showing that the same was lawfully issued and delivered, and shall con- tain a provision irrevocable pledging the full faith and credit of the City of Walla Walla to the payment of the same, principal and interest, according to the tenor thereof. vSp:c. 3. It is herebv stated, recited and declared that the assessed ORDINANCES OR THE -jH2 valuation of the taxable property of the City as ascertained by the last assessment of said City, for City purposes previous to the passage of this ordinance, is $3,108,290, the amoun t of the indebtedness of the Citv, including this issue of bonds, at this date, is $44,556.05. Sec. 4. The Mayor and City Clerk of the City of Walla Walla, are hereby authorized, empowered, instructed and directed to sign and seal with the seal of the City, execute and issue said bonds and coupons for and on behalf of the City of Walla Walla, and to deliver said bonds so signed, and issued to the purchasers in accordance with the terms of the contract heretofore entered into. Sec. 5. The Treasurer of the City of Walla Walla is hereby di- rected to keep in the register, provided for that purpose, a record of all of said bonds, which register shall show the number, date, amount, rate of interest, name of payee and when and where payable. Sec. 6. And there is hereby levied on all of the taxable property of the City of Walla Walla, in addition to the tax for other purposes in said City, a tax to pay the interest on said bonds as the same shall ac- crue, and before seven years prior to the maturity of any bonds, there shall also be annually levied a sinking fund tax sufl&cient for the pay- ment of said bonds at maturity; which said taxes shall become due and collectible as other taxes are. vSec. 7. Each of the aforesaid bonds shall have printed on the back thereof a copy of the act, under authority of which this issue of bonds is made, a copy of this ordinance, a statement of the Mayor and City Clerk that this ordinance was passed by the vote of at least four Councilmen, and a statement of the City Treasurer that the same has been registered as required by law. Sec. 8. That ordinance No. 423, entitled “ An ordinance to au- thorize the borrowing of the .sum of $40,000, b}’ the City of Walla Walla for the purpose of funding the present City indebtedness,” passed and approved September 15, 1891, be and the same is hereby repealed. Sec. 9. This ordinance shall take effect and be in force from and after its passage, approval and publication. Passed the Citv Council, December 28, 1891. Approved, December 28, 1891. HENRY KPILDING, City Clerk. JOHN E, ROBERTS, Mayor. CITY OF WALLA WALLA. 283 ORDINANCE NO. 469. AN ORDINANCE TO PROHIBIT THE PICKING, “.SLIPPING” CUTTING OK REMOVAL OF ANY PLANT, P'LOWER, SHRUB, VINE OR BUSH FROM ANY GRAVP:, lot or ENCLOSURE WITHIN THE CITY cemete:rv. The City of Walla Walla does ordain as follows: Section i. That any person or persons who shall cut, slip, pick, .slip, break or remove from any lot, grave or in.closure, within the limits of the City cemetery any flower, vine, plant, shrub, or bush, or tree or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding ten ($to) dol- lars for each and every offense, Sfx. 2 That this ordinance shall not apply to the removal of any of the above described articles by the City Sexton or when done under his direction or authority for the improvement or benefit of the grounds. Sec. 3. This ordinance shall be in force and effect upon its passage by the Council and approval of the Mayor. Passed the Council, April 18, 1893. HENRY KELLING, City Clerk. Approved, April 18, 1893. JOHN L. ROBERTS, Mayor. ORDINANCE NO. 471. AN ORDINANCE TO PREVENT DAMAGE TO ANY SIDEWALK OR “PARK” ADJACENT thereto, BY ALLOWING ANIMALS TO TRESPA.SS THEREON. The City of Walla Walla does Ordain as follows : Spxtion I. That ain- person or persons who shall drive or ride, or allow any horse, cow or other animal to go upon any sidewalks, or that part adjacent thereto, termed “the park” to their damage, on any street of the City of Walla Walla, where Such street has been graded, sidewalked or “parked,” or shall cause any damage to any tree, shrub or sod, planted, sowed or growing within said “park,” or shall damage any part of said sidewalk, shall be deemed guilty of a misdemeanor, and upon conviction 284 ORDINANCES OF THE thereof, shall be fined in aii}^ sum not exceeding |io for each offense, and in addition thereof to such fine vShall pay the cost of repair to such sidewalk, or replacing of any tree, shrub or sod damaged. Sec. 2 This ordinance shall be in force and effect upon its passage by the Council and approval by the Mayor. Passed the Council May 2, 1893. HENRY KEELING, City Clerk. Approved, May 2, 1893. JOHN L. ROBERTS, Mayor. ORDINANCE NO. 480. AN ORDINANCE TO PROVIDE FOR THE CONSTRUCTION OF A SYSTEM OF WATERWORKS TO SPPX'IFY AND ADOPT THE GRAVITY SYSTEM OF WATERWORKS, TO AUTHORIZE THE PURCHASE, CONDEMNATION AND APPROPRIATION OF DANDS IN THE CITY OF WADLA WALDA AND THE COUNTY OF WADLA WADLA, NECESSARY AND EXPEDIENT FOR THE CONSTRUCTION AND M.\INTAINENCE OF SAID WATE:r WORKS AND FOR A RIGHT OF WAY, TO DECLARE THE ESTIMATED COST OF SAID WATER WORKS, LANDS AND RIGHT OF WAY; TO PROVIDE FOR BORROWING MONEY TO BE USED IN PAYMENT THEREFOR BY ISSUING THE NEGOTIABLE COUPON BONDS OF SAID CITY FOR THE SUM OF $l6o,COO; AND TO PROVIDE FOR THE CALLING OF A SPECIAL ELECTION FOR SUBMITTING .SUCH QUP:STI0NS TO THE oualifip:d voters of the city of walla walla for thp:ir RATIFICATION OR REJECTION. The City of Walla Walla does Ordain as follows : Whereas, the City Council of said City of Walla Walla deem it ad- visable that the said City shall exercise the authority conferred upon them in relation to waterworks under and by virtue of an act of the legislature of the State of Washington, 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, Febru- ary 10, 1893, now therefore, The City of Walla Walla does ordain as follows: vSpxtion I. That the gravity system of waterworks be, and the same is hereby specified and adopted, and the same shall be constructed so that it shall be sufficient to adequately supply the City ofWalla Walla and the inhabitants thereof with pure, fresh water, sufficient for all their necessary uses. SKC. 2. The estimated cost of said system of waterworks and im- provements as herein proposed is |i6o,ooo divided as follows; 1,472.22 tons of cast iron pipe at $45.10 I.ayinK 5tJ2 Hydrant connections t>29o Pipe delivery 73^ Special castings b^37 70 hydrants 2,700 1 14 valves 3)0orosecution. Sec. 28. That Ordinance No. 457, entitled “An ordinance to pro- vide licen.se for certain business, trades and occupations, and to prevent the same without such licen.se,” ami Ordinance No. 466, amendatory thereto, and all ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be, and the same are hereby repealed. Sec. 29. This ordinance .shall take effect and be in force from and after its pas.sage and approval. Passed the Council, November i, 1893. IIFNRV KKLJvING, City Clerk. A])proved, November i, 1893. JOHN L. ROBKRTS, Mayor. 294 ORDINANCEvS OF THE ORDIN/VNCE NO. 495. AN OKDINANCK DKSIGNATING THE TIME FOR THE COLEECTION OF SWIEE AND OTHER REFUSE BY SCAVANGERS IN THE CITY OF VVAEEA WAEEA, WASHINGTON. The City of Walia Walla does Ordain as follows : Section i. That it shall be unlawful for any person or persons, with wagons, cart or other vehicle to drive on any street or alley of the City of Walla Walla, during the months of March, April, May, June, July August and September, between the hours of 6 a. m. and 6 p. m , and during the months of October, November, December, January, February, between the hours of ten (10) a. m. and three (3) p. m. of any day during said specified months to collect or have therein any slop, swill, or other refuse of this kind or nature. Sec. 2. That any person or persons violating any of the pro\isions^ of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than 55 oi' m.ore than $25 for each and every offense. Sec. 3. That this ordinance shall not apply to the scavanger carls owned or operated by and under the direction of the health or street de- partments of the City of Walla Walla. Sec. 4. All ordinances or parts of ordinances in conflict hereto be and the same are hereby repealed. Sec. 5. This ordinance shall be in force and effect from and after Its passage by the Council and approval by the Mayor. Passed the Council, November 7, 1893. Approved, November 7, 1S93. HENRY KEELING, Citv Clerk. JOHN L. ROBERTS. Mayor. ORDINANCE NO. 502. an ordinance in REEATION to THE FUBLICWTION OF CITY ORDINANCK.S AND TO REPEAT ORDINANCE NO. 297, ON THE SAME SUBJECT MATTER. 'The City of Walla Walla does ordain as follows: Section i. That all ordinances of a general public character an- lic places iu said City. Sec. 2. Any animal .so found running at large in said City limits, shall be taken up and impounded in the City pound by the Poundmaster. Such animals shall be provided with proper care, food and water while so confined. Sec. 3. 'If within twenty-four hours after the taking up and im- pounding of any animal under this ordinance, any per.soi} shall appear and claim the .same, and .shall pay the poundma.ster the sum of fiftv cents, he shall be entitlerl to the possession of the .same. I As amended 1)v Ordinance ,\o. 544. igh ' ORDINANCKS UF TIIK, SiCC. 4. It said animal shall not be taken from the pound within tvventy-fonr hours, as provided in the preceding section the Fonndmas- ter shall forthwith post three notices in the City of Walla Walla, one at the City pound, one in front of the postoflice, and one at the front door of the court house, describing such animal as taken up and stating that unless the owner rn- other person having an interest therein shall claim ])o.ssession of the same and pa^- all costs and charges of keeping and ad- vertising the same, together with the fees hereni before ])rovided for, he shall apply to the City Justice at his office in saiTl City, at a certain day and hour to be named in said luAice for an order of sale of said animal, ^ for the expense of taking uj) and feeding .said animal and the cost of ])roceeding. The time .set in said notice for applying t<^ said ju.stice for an order of sale, shall not be less than five nor more than ten days from the date of posting said notices; provided, if any animal taken up and impounded shall have any ]dain brand or mark that is recorded in the office oi the Auditor of Walla W' alia County, State of Washington, the Poundmaster shall mail to the person in whose name the brand or mark is recorrled at the postoffice in Walla Walla, a cresentation of said warrants to him, and upon the presenta- tion of the said outstanding registered warrants, which have been reg- istered lor more than one year, within 30 days from date of said call the said Treasurer shall ])ay to the holders thereof the interest thereon due u]) to the date of said ])resenlation, and shall endorse thereon the .amount so paid and the date of such payment, and take a receipt there- for, said receipt to specify the amount paid for interest, the number of the warrant, the amount of the warrant and the date of issue, and said receipt shall be accepted by the Council from the said Treasurer in lieu of the amount cash paid for said interest. It shall be the duty of the J reasurer to return to the Council with his next monthlv report all in- terest receipts, who shall cau.se the Clerk to attach the .same to the stubs of their corre.spondiiig warrants. And thereafter on the .said 15th day of September of each year the City Treasurer shall cause a like notice to be published in the paper doing the City printing, and sl'iall upon the ])resentation of any City warrant which has been registered for more than one year previous to the date of said notice, pay the interest upon such warrant uj) to the date of .such pre.sentation and endorse .such pay- ment thereon, as hereinbefore provided; provided, however, that the provi.sions of this .section .shall not be held to apply to warrants drawn u])on a .special fund; and provided, further, that nothing in this ordi- nance shall be con.strued to give the right to the holder of anv warrant to retain the same and demand interest thereon after the City Treasurer shall have called said warrant in for pa^, nient. Skc. 4. That whenever there shall be in the hands of the City 1 1 easurei , ov’er and above all moneys collected bv .special assessment and money held for the ])aymentol warrants which have been previously called in, a sum of monev equal to five hundreil dollars, the .said City Iieasurer shall at once, without notice from the Council, call in out- standing warrants and ]>ay the same to the extent of the monev on hand, as specified in this .section. fine. 5. J hat Ordinance No. 5^0, entitled '‘An ordinance to pro- vide for the payment of City warrants in the order of number and date of issue." and Ordinance No. 512. entitled " An ordinance to provide for the keeping of all moneys of the City of Vvalla Walla in one fund," and all other ordinances and parts of ordinances in conflict with the provi.sions of this ordinance be, and the same are hereby repealed. Skc. 6. This ordinance shall take effect and be in force from and after its passage and approval. CITY OF WAIvLA WALFA. Passed the Council vSepteniber 4. 1894. UKNKY KKFUNG. Cilv Clerk. Approved. SeplemV)er 4. 1894. JOHN F ROBKRT8, Mavor. ORDINANCK NO. 521. AN ORDINANCK TO PRKVKNT PlvRSONS UNDP:R THP; AGP; OP' SIXTKhN YEARS FROM BEING IN CERTAIN PUBKIC 1>D.\CES. AND cpoN thp: strp:p:ts of the city during thp: night TIME AND providing A PENAI/I'Y. t The City of Walla Walla does Ordain as folUnus: Section i. That no person under the ai>e of sixteen years shall loiterer retnain in the vestibule ot or about the entrance to an} public reading room or library, or any place of worship or ainu.sement, or in the pulilic stairway to any building in said City, or on the streets 01 public grounds, or anv unoccupied lots in said City, after the lionr of se\en o’clock, p. m., during the months of October. November, December, January, February ami March, or after the hour of eight o clock, i). m , during the months of April, May, June, July, August and .September; provided, that the above prohibition shall not extend to any child or children who are in the company of a parent, or other adult having cus- tody of him, her or them, nor to a child or children wlu> may be sent lor medicine, medical or other assistance, in case of accident or sickness, while on such .services. Sec 2. That anv ])er.son violating Section i of this ordinance shall be deemed guiltv of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding ten dollars and costs foi the first offense, and not less than ten nor more than twenty AMEND SECTION 3 OF SAID ORDINANCE:. The City of Walla Walla does Ordain as follows : Section i. That Section 7 of Ordinance No. 494 'v\’hich reads as follows: “Section 7. For each one-horse dray, truck, cart, wagon, ex- press wagon, or other article for carrying goods, wares, lumber, coal, wood or other substance, for hire, either by tlie day, month, trip or job, within the City limits, $3 per quarter, and $2 additional per quarter for each additional horse; provided, that vehicles of any kind used in con- veying lumber, stone, earth, gravel, sand or other substance, for build- ing purposes, or engaged in excavating or street improvement or labor, shall be exempt from such license. Each vehicle so licensed shall dis- play a number tag to be furnished by the City and paid by the licensee at the rate of $i per tag,” be and the same is hereby repealed. Sec. 2. That Section 3 of said Ordinance No. 494 be amended to read as follows: vSection 3. Auctioneers shall pay a quarterly license of $10. Sec. 3. This ordinance to take effect and be in force from and after its passage, approval and publication. Passed the Council, March 3, 1896. alp:x mackay. City Clerk. Approved, March 3, 1896. JACOB BETZ, Acting Mayor. ORDINANCE NO. 557 - AN OKDINANCE TO AMEND SECTION I OF ORDINANCE NO. lO, AS THE: SAME HAS KEEN AMENDED BY ORDINANCE: NO 384. 77 / 1’ City of Walla Walla does Ordain as follows : Se:cTion r. That Section i of Ordinance No. 10, aji amended bv Ordinance No. 384, be and the same is hereby amended to read as fol- 31 ^ ORDINANCES OF THK lows: vSection i. The City Treasurer, before entering upon the duties connected with his office, shall give a bond to the City of Walla Walla in the penal sum of twenty-five thousand dollars, with at least two sureties, which bond shall be approved by the board of Common Coun- cil, conditioned for the faithful discharge of his duties according to law. He shall also take and subscribe an oath that he will support the Constitution of the United States, and of this State, and that he will faithfully perform the duties of City Treasurer during his con tinuance in office. Skc. 2. This ordinance to take effect and be in force from and after its passage and approval. Pas.sed the Council, March 3, 1896. Approved, March 3, 1896. JACOB BF/rz, Acting Mayor. auf:x mackay. City Clerk. ORDINANCE NO. 558. AX OKDINAXCK TO AMKXO ORDIXANCK XO. 37. 'I he C/tv of Walla Walla does Ordain as follows: SkcTiox I. That Section 2 of Ordinance 57 be and the same is hereby amended to read as follows: Section 2. The Citv Marshal shall be the Chief of Police and all general and special policemen shall in all cases be under his command, and any failure on the part of anv policeman to obey the lawful order of the Mar.shal shall be cause for re- moval by and with the consent of the Council Skc. 2. 1 his ordinance to be in force and take effect from and after its passage and approval. Passed the Council IMarch 3, 1S96. A})proved, March 3, 1896, JACOB BETZ. • Acting Mayor. ADEN .MACKAY, City Clerk. CITY OF WALLA WALLA. 317 APPENDIX. It being deemed unnecessary to print the following ordinances in full, a summary of the title and date of passage of the several ordinances is here given. No 3. An ordinance in relation to licenses. August 15, 1S78. No. 6. An ordinance defining the duties of City Marshal. August 16, 1S78. No. 9. An ordinance to prevent animals from running at large and to provide for the penalty therefor. August 19, 1878 No. 12. An ordinance to regulate the taxing, impounding, dis- posal of and destruction of dogs. August 21, 1878. No. 73. An ordinance to prevent hogs running at large in the City of Walla Walla and forfeiture thereof. (See Ordinance 503.) August 21, 1878. No. 21. An ordinance to widen and relocate the .streets in Lang- ford’s Addition. vSeptember 24, 1878. No. 23. An ordinance to divide the and appointment of Councilmen. (See 1 878. city of Walla Walla into wards Ordinance 785.') October 22, No. 24. An ordinance providing for a special election to levy a tax for the purchase of fire apparatus. October 22, 1878. ORDINANCES OF THE No. 2,5 An ordinance fixing the fees of Justice of the Peace. City Marslial and jiolicetnen and witnesses. October 22, 1878. No. 28. An ordinance to prevent and punish the smokers of opium and the keeping of any house or den for that purpose. (See ordinance No. 150.) November 19, 1878. No. 29. An ordinance to provide for a special tax for the purchase of hose and other fire apparatus. December 3, 1878. No. 30. An ordinance in relation to license. January 31, 1879. No. 31 An ordinance to establish the grade of Main street from the bridge to Idaho street and provide for the grading thereof. Febru- ary 4, 1879. No. 32. An ordinance to amend Ordinance No. 26. March 4, 1879. No. 33. An ordinance concerning public health. March 12. 1879. No. 34. An ordinance to amend vSection 12 of Ordinance No. 17. March 19, 1879. No. 35. An ordinance approving the surveys and providing for the grading of certain streets and alleys March 26, 1879. No. 37. An ordinance to levy a tax for the improvement of Main street from the bridge to Idaho street. March 26, 1879. No. 38. An ordinance to amend Section 4 of Ordinance No. 3. April 2, 1879. No. 39 An ordinance approving of the survey and establishing the grade of First, Third, Fourth and Fifth .streets April 16, 1879. No. 40. An ordinance to levy a tax for the improvement of Birch street from Catherine to Cha.se street. April 18, 1879. No. 41. An ordinance to levy a tax for the improvement of the alley running through blocks No. 17, 18, 19 and M, between Poplar and Ihrch streets. April 18, 1879. No. 42. An ordinance to lew a tax for the improvement of the alley running through blocks No. 14, 15, r6, K and T, between Alder and Poplar streets. April 18, 1879. No. 43. An ordinance to levy a tax for the improvement of the alley running through blocks No. 10, n, 12 and 13, between Main and Alder streets April 18, 1879. No. 44. An ordinance to levy a tax for the improvement of the alley running through blocks No. 2, 3 and 4, between Main and Rose streets. April 18, 1879. CITY OF WATT A WALLA. 319 No. 45. An orditiance fixing the time for levying the general tax. April 22, 1879. No 46. An ordinance to authorize the collection of delinquent road poll tax. April 22. 1879. No. 47. An ordinance to levy a road poll tax for 1879. May 7, 1879 No. 48. An ordinance to approve the assessment of property ami levy tax for grading First street from Main to Dr. Newell street May i6. 1879. No. 49. An ordinance to levy a tax for the year 1879. May 30, 1S79. No. 51. An ordinance to provide for the grading of vSecond street from Sumach street to Cherry street. June 3, 1879. No. 52. An ordinance to license and regulate the selling of pools. June 24, 1879. No. 53. An ordinance to establish a fire department for the City of Walla Walla. September 3, 1879. No. 54. All ordinance to amend Sections 2, 13 and 15, of Ordinance No. 53. vSeptember 24, 1879 No. 58. An ordinance providing for the due observance of Sunday. November 4, 1879. No. 59 An ordinance relating to the grade of sidewalks on vSecond street from Birch to Main. November 4, 1879 No 60. An ordinance for the better regulating bar-rooms, beer shops and saloons. November 4, 1879. No. 61. An ordinance relating to grade of sidewalks on Second street from Mill creek to alley between Cherry and Oak streets. No- vember 4, 1879. No. 62. An ordinance to levy a tax for the improvement of Third street from K.ose to Birch streets. December 16, 1879 No 63. An ordinance to levy a tax for the improvement of B'ourth street from the bridge on Mill creek to Birch street December 16, 1879. No. 64. An ordinance to levy a tax for the improvement of Vifth street from the bridge on Mill creek to Chase street. December 16, 1879. No. 65. All ordinance to vacate the alley running through block 7, Cain’s addition, between Colville and Spokane streets. December i6, 1^79 No. 66. An ordinance to establish and organize the fire department. December 20, 1879. 320 ORDINANCKvS OF THK No. 67. An ordinance ^r^in.tin<^ the United vStates the right to lax- water pipes in Singleton avenue and across Second street. January 20, 1 S80. No 68 An ordinance in relation to licenses. January 22, 1880 No. 69. An ordinance authorizing and empowering M. G. Klniore and his associates to lay gas mains and pipes in streets and alleys of the City. oNlarch 2, 1880. No. 70. An ordinance granting to the City Water Company the right to lay xvater pipes in streets and alleys of City. April 6, j88o. No. 71. An ordinance to levy a road poll ta.v for the year 1880. April 6, 1880 No. 73. An ordinance to levy a tax for the year 1880. May 21, 1880. No 74. x\n ordinance to amend Ordinance No. 45. ]une i, 1880. No. 75. An ordinance in relation to opium smoking. June 15,1880. No 76. An ordinance to amend Section 5 of Ordinance No. 68. July 20, 1880. No. 77. An ordinance to amend Section 16 of Ordinance No. 68. July 20, 1880. No. 78. An ordinance in relation to City Sexton and his duties September 21. 1880. No 79. An ordinance relating to the sale of lots in the Citv ceme- tery. October 8, 1880. No. 80. An ordinance to \-acate certain streets and allevs in Fang- ford's addtion. October ig, j88o. No 83. An ordinance to provide for the opening of I’alouse street from Main street to Baxter street. December 7, j88o. No. 84. An ordinance to change the names of certain streets December 7, 1880. No. 86. An ordinance to authorize a conveyance to Frederick vStiue. December 2 r, i88o. No. 87. An ordinance authorizing and empowering Chas. M. Pat- terson and his associates to lay gas mains and pijies in the streets. De- cember 21, 1880. No. 89. An ordinance providing for the improvement of Main street from the bridge over Mill creek to Ninth street. Januarv 5, 1881. No. 90. An ordinance to prevent infection from smallpox. Janu- ary 5, j88i. CITY OK WAJJ.A WAU.A. 32 r No. 92. z\ii ordinance providin*.^ for the placing of guide Ijoards on the public street.s, January 18, 1881. No. 96. An ordinance to appropriate |i20O to I). vS. Baker. March 15, i8Sr. No. 99. An ordinance providing for the iiiiprovenient of J^ast Ro.se street. March 22, 1881. No. 100 An ordinance providing for the improvement of North Third street from Rose street to Kim street. March 22, 1881. No. lor. An ordinance to provide for construction of a sidewalk on Main street between Seventh and Ninth streets March 22, 1881. No 103. An ordinance to vacate the alley in block 4, Barrens ad- dition. May 17, 1881. No. 104. An ordinance to appropriate money to pa\' the expense of the last sick ne.ss and burial of Willard Bartlett deceased. June 2f. 1881. No. 105. An ordinance to apportion the taxes and assessment of property on Main street. June 23, 1S81. No 106. An ordinance to apportion the taxes and assessment of property on Hast Rose street. June 23, iS8r. No. 107. An ordinance to apportion the taxes and assessment of property on North Third street June 23, 1S81. No. 108. An ordinance to apportion the taxes and as.sessment of certain property on INIain street. June 23, i88r. No. 109. An ordinance to provide for the erection and maintain- ence of water works for the purpose of furnishing the City of Walla Walla with a sufficient supply of water. June 23, 1881. No. 1 10. An ordinance appropriating the fund to be raised by street assessment on Hast Ro.se street to pay for the improvements thereon. July 19, i88r. No. III. An ordinance appropriating money to pay for the im- provement of IMaiii street. July 19. 1881. No. 112. An ordinance to appropriate a certain sum to pay for water pipe. July 19, j88i. No. 1 13. .\n ordinance concerning taxes for improvements on North Third stieet. August 2, 1881. No. 1 14. An ordinance concerning payment of taxes for improve- ment of IVIain and Hast Main street. August 2, 1881. 322 Xo. 115. All ordinance concerning ineiil of Pvast Rose street. August 2, 1S81 ORDIXAXCRS C No. ri6. An ordinance concerning payment of taxes for improve- No. 1 17. An ordinance appropriates money to pay for the improve- ment on North Third street. August 2, 1881. No. 1 18. An ordinance appropriates money to pay for the improve- ments on Main and East Main street. August 2, 1881. No. 120 An ordinance to punish the employment of women in drinking saloons. September 6, 1881. No 122. An ordinance to amend Ordinance No. 87. September 6, [S8i. No. 123. An ordinance to provide for the coiTection and revision of assessment Noveuiber i, 1881. No. 124. An ordinance to establish lire limits and 'prevent the spreading of fires. December 20, 1881. No. 125. An ordinance to provide for the establishment of grades on North Fourth street from Sumach to Elm street. January 3, 1882. No. 126. An ordinance to establish the grade of Second street from birch south to the City boundary. January 3, 18S2. No. 127. An ordinance providing for the improvement of North I'ourth and Film streets. Janary 3, 1882. No. 130. An ordinance to amend Ordinance No. 124. February 21. 1882. No. 131. An ordinance changing the grade of Second street from Birch south to the City limits. March 7, 1882. No. 132. An ordinance to prohibit children from running about the streets in the night. March 7, 1882. No. 134. An ordinance to apportion the taxes and assessment of property on North Fourth and Elm streets for street improvements. March 21, 1882. No. 136. An ordinance to establish grades on North Fifth street and on Pine street. April 4, 1882. No. 137. An ordinance to change the grade of vSecond street. April 4, 1882. No. 138. An ordinance providing for the improvement of vSecond .street. April 18, 1882. iiient of Main street. August 2 , j88i. CITY OF WALLA WALLA. 323 No, 143. An ordinance anthoii/dng the conveyance of a certain piece of land to H. D. Cliapnian. July ii, 1882, No. 144. An ordinance providing for the improvement of North Fifth street and appointing an assessor therefor. Julv 18, 1882. No. 145. An ordinance concerning the improvement of Second street. July 18, 1882. No. 146. An ordinance to appropriate money to pay for the im- provement of Second street. Jnly 18, 1882. No. 148. An ordinance to improve North Fifth from the bridge over Mill creek to the center of Pine street. August 15, 1882. No. 149, An ordinance to protect the sidewalk from Walla Walla' City to the cemetery. October 3, 1882. No. 15 1. An ordinance to apportion and levy a tax for improvement of North I'ifth street. October 19, 1882. No. 152. An ordinance to levy and collect a special tax for preven- tion of accident by fire. ' November 21, 1882. No. 153. An ordinance to establish the .salaries ofofficers. Novem- 21, 1882. No. 155. An ordinance to protect the public health. Decembers, 1882. No 156. An ordinance to levy a tax for street purposes. Decem- ber 19, 1882. No. 158. An ordinance to protect the sidewalks from Walla Walla City to the cemetery and punish trespa.ss thereon. December 19, 18S2, No. I 59. An ordinance to provide for the opening of certain streets in Roberts addition to the City of VVbilla Walla. January 2. 1883. No. 160. An ordinance to provide a license for certain business, trade and occupations. January 2, 1883. No 162. An ordinance to provide for the improvement of Pfighth and Alder streets. March 6. 1883. No. 163. An ordinance authorizing the conveyance of a certain piece of land to George Dacres. March 20, 1883. No. 164. An ordinance to license and regulate drinking .saloons and to repeal certain portions of Ordinance No. 160. April 2, 1883. No. 165. An ordinance to amend Sections 2 and No. 2. May i, 1883, II of Ordinance 324 ORDINANCKvS OF THE No 1 66. All ordinance to reji^ulate and tax retail commercial travelers. May 15, 1883. ' No. 167. An ordinance in relation to City Sexton and his duties. May 17, 1883. No. 168. An ordinance authorizing the conveyance of a certain piece of land to J. E. Bingham. June 19, 1883. No 169. An ordinance to apportion and levy a tax for improve- ment of East Cherry street. July iS, 18S3. No. 170. An ordinance to license and regulate drinking saloons and to repeal all ordinances and parts of ordinances on the same subject,. August 10. 1883. No. 1 71. An ordinance appropriating money for street purposes. vSeptember 4, 1883. No. 172. An ordinance appropriating money to pay for construction of Main street bridge. September 4, 1883. No. 173. An ordinance to appropriate money to pay for the im- provement of East Cherry street. September 7, 18S3 No. 174. An ordinance to appropriate money for the improvement of Catherine street. September 7, 1883. No. 175. An ordinance to protect the public health and to repeal all prior ordinances on the same subject. September ii, 1883. No. 176. An ordinance to authorize the execution of a quit-claim deed from the City of Walla Walla to J. Eouga. September 19, 1883. No. 177. An ordinance to authorize the execution of a quit-claim deed from the City of Walla Walla to G. A. Evans and Bathenia Evans.. September 19, 1883. No. 178. An ordinance to levy an assessment for the improvement of Catherine street. September 19, 1883. No. 179. An ordinance to provide for the salary of the Marshal,, his deputies and the Street Commissioner. December 18, 1883. No. 180. An ordinance creating a Janitor for the City Hall. De- cember 26, 1883. No. 18 1. An ordinance appropriating money to pay for steam fire engine. January 3, 1884. No. 182. An ordinance to establish an assessment district and to improve North I'ourth street from Main to the alley between Main and Rose. January 15, 1884. CITY OF WALLA WALLA.. 325 No. 183. An ordinance to authorize a deed from the City of Walla Walla to John Markin. F'ebrnary 21, 1884, No. 184. An ordinance to change the names of certain streets. F'ebrnary 21, 1884. No. i86. An ordinance to provide for the registration of voters. February 22, 1884. No. 187. An ordinance to improve Palonse street between Last Oak and Hast Main streets and establish an assessment district therefor. March 4, 1884. No. 188. An ordinance fixing the time of making assessment and the return thereof. April i, 1884. No. 191. An ordinance creating an as.sessment district for a special purpose. April 15, 1884. No. 192. An ordinance to improve Palou.se street between East Oak and F^ast Main .streets and create an assessment district therefor. April 15, 1884. No. 194. An ordinance to levy taxes for the vear 1884. May 27, 1884. No. 196. An ordinance to open and extend North vSixth street. July 8, 1884. No. 197. An ordinance to prevent swill and other offensive matter from being removed through the streets and allevs in the day time. Juh’ 24, 1884. No. 198. An ordinance admitting Engine Company No. 3 into the Walla Walla fire department. August 5, 1884. No. 199. An ordinance to prevent .swill and other offensive matter from being carried through the streets and alleys of the city in day time. August 5, 1884. No. 200 An ordinance providing for the payment of and fixing the pay of the City officers. Augu.st 5, 1884. No. 201. An ordinance to amend vSection 2 of Ordinance No. 160. August 12, 1884. No. 202. An ordinance to repeal Ordinance No. 199 Au<^u.st 12 1884. No. 203. An ordinance to transfer money from the liceiise fund to road fund and appropriate the same for street purpo.ses \ugust 19 1884. No. 204. An ordinance to appropriate certain money to pav the Eity officers. August 19, 1884. I 3,26 ori)inancp:vS of the No. 205. An ordinance to provide Rescue Engine Company No. 3 with a .steam fire engine, hose and apparatus. August 19, 1884. No. 206. An ordinance to provide for a license to be granted to re- tail venders of beer and malt liquors. vSeptember 2, 1884. No. 207. An ordinance to establish an assessment district from which the expense of opening North Sixth street .shall be paid. Sep- tember 2, 1884. No. 208. An ordinance to prohibit, license and regulate gambling within the City limits of Walla Walla. September 16, 1884. No. 209. An ordinance relating to the fire department of the City; providing for the employment of engineers. September 19, 1884. No. 210. An ordinance providing for the payment of and fixing the pay of the City Marshal and his deputies. September 19, 1884. No. 21 1. An ordinance authorizing reward for apprehension and conviction of persons who wilfully set fire to buildings. October 7, 1884. No. 212. An ordinance directing the sale of lots 6 and 7 in block 6, Reeser’s Addition, for delinquent taxes. October 7, 1884. No. 213. An ordinance supplementary of an ordinance entitled, “ An ordinance to prohibit and regulate gambling.” October 7, 1884. No. 215. An ordinance to improve Ncwth Sixth street from Pine to Elm street. November 7, 1884. No. 216. An ordinance to appropriate money to pay the execution from the Supreme Court of Washington Territory in the case of T. J. Robinson vs. Mary H. Coffin. November 18, 1884. No. 220. An ordinance to levy a road poll tax for 1885. April 7, 1885. No. 221. An ordinance to amend an ordinance entitled, “An or- dinance to regulate drinking saloons.” April 7, 1885. No. 222. An ordinance to suppress the unhealthful u.se of opium.. April 7, 1885. No. 224. An ordinance in relation to animals found running at large. April 21, 1885. No. 225. An ordinance to vacate Nursery and Center streets. May 19, 1885. No. 226. An ordinance to levy general and special taxes for 1885.. iNIay 22, 1885. CITY OF WALLA WALLA. .^27 No. 227. All ordinance to appropriate money to aid a Fourth of July celebration. June 2, 1885. No. 228. An ordinance to appropriate money to entertain the Iowa journalistic party. June 2, 1885. No. 229. An ordinance to amend an ordinance entitled, “An or- dinance regulating drinking saloons.” July 28, 1885. No. 230. An ordinance to create an assessment district to open and extend Dr. Newell, Lincoln and Washington streets. Julv 28, 1885. No. 231. An ordinance in relation to animals found running at large. July 28, 1885, No. 233. An ordinance to fix the pay of Citv officers. August 4, 1885. No. 234. An ordinance to provide a license for certain business, trade and occujrations. August ii, 1885. No. 235. An ordinance to establish fire limits and prevent the spreading of fires. August 19, 1885. No. 238, An ordinance to open and extend Dr. Newell, Lincoln and Washington streets. October 13, 1885. No. 239. An ordinance to extend, open and establish Palouse street. October 20, 1885. No. 240. An ordinance supplementary to Ordinance No. 196, to open and extend North Sixth street. October 20, 1885. No. 241. An ordinance authorizing a conveyance of land from the City of Walla Walla to John Aubin. October 20, 1885. No. 242. An ordinance to establish the lines of Mill creek at a cer- tain point. October 20, 1885. No. 243. An ordinance supplementary to Ordinance No. 237. No- vember 3, 1883. No. 244 - An ordinance to amend Section 8 of Ordinance No. 234 January 5, 1886. No. 245. An ordinance to regulate employes in drinking saloons and prevent dancing therein. February 2, 1886. No. 246. An ordinance fixing the time of making assessments and the equalization thereof. May 12, 1886. No. 247. An ordinance to vacate the streets and alleys in Kees ad- dition; May 18, 1886. • No. 24S An ordinance to provide a steward for Our Roys Fngine Company No. 3, and fixing his duties. June 15, 18S6. ORPINAXCKvS OK THK No. 249. An ordinance to appropriate money for trial of cases in Snj)renie court. June 15, 1886. Xo. 250. An ordinance to appropriate money for the payment of certain bills. Jnly 6, 18S6. Xo. 251. An ordinance to grant vS. W. Brasdel the right to erect a .sy.stern of electric lights. Jnly 6, i886. Xo. 252. An ordinance to lix the salary and pay of City officers, jnly 6, 1886, X'^os 253-4 An ordinance to ajrpropriate money to pay bills. Jnly 22, 1886. Xo. 255. An ordinance to authorize the .strawing of Boyer avenue and Park street, September i, 1886. Xo. 256. An ordinance to provide for the board of City prisoners. September 7, 1886. X'o, 257. An ordinance to amend Ordinance X'o 124. vSeptember 7, 1886. X^o. 258. An ordinance to repair Alder street from Park street to the City limits. September 21, 1886. Xo. 259. An ordinance to provide for the City printing. Septem- ber 21, 1 886, ^ Xo. 262. An ordinance to accept the work of A. F. Perry in im- proving Park street. October 5, 1886. X’o. 263. An ordinance to fix the pay of policemen. October 19, 18S6. X"o. 264. An ordinance to transfer money. December 7, 1886. Xo. 265. An ordinance to appropriate money to pay for the im- provement of Boyer avenue and Park street. December 7, 1886. X’^o. 266. An ordinance to abolish the license fund. Transferring all money therein to the general fund. January 4, 1887. Xo. 267. An ordinance to amend Section 2 of Ordinance Xo. 234. January 4, 1887. Xo. 269. An ordinance to establish fire limits to prohibit the erection, removal or unlawful repair of combustible buildings. March II, 1887. , Xo. 271. An ordinance to appropriate a certain sum for the pur- pose of improving the road leading to the City Cemetery. March 15. 1887. CITY OF WALLA WALLA. 329 No, 272. An ordinance to appropriate a certain sum to the Boanl of Trade. March 23, 1887. ' No. 273. An ordinance to authorize tlie expending of certain sum in improvement of streets. April 5, 1887. No. 274. An ordinance to provide for the repayment of nnexpired licenses. April 5, 1887. No. 275. An ordinance to authorize the making of a deed to John Longa. April 19, 1887. No. 276. An ordinance to levy a poll tax for the year 1887. i\pril 19, 1887 No 277 An ordinance to provide for the purchase of the lot corner of Third and Rose streets. May 3, 1887 No 279. An ordinance to appropriate certain sum to Our Boys Kngine Company. May 17, 1887. No. 280. An ordinance to provide for the erection of a City build- ing, May 28, 1887. No. 281. An ordinance to appoint and employ a superintending architect during the erection and until the completion of the City Hall budding. May 28, 18S7. No. 282. An ordinance authorizing the sale of brick and other per- sonal property now on the City lot on the corner of Third and Rose streets. May 28, 1887. No. 283. An ordinance to correct the City register of voters to erase the names of all females whose names appear thereon. June 7, 1887. No. 284. An ordinance authorizing the purchase of certain real estate from Johan Johansen for street purpose. June 7, 1887. No. 285. An ordinance to accept and approve the assessment roll for the year 1887. June 21, 1887. No. 286. An ordinance to provide for the appropriation of private property for the purpose of public streets or alleys. (vSee Ordinance Nc, 485.) June 21, 1887. No 287. Aif ordinance to levy taxes for the ensuing fiscal vear. June 21, 1887. No. 2S8. An ordinance to fix the salary and pay of City officers. June 21, 1887. No. 290 An ordinance to amend Section 9 of Ordinance No 23::^, entitled “An ordinance to provide a license for certain business.” Au- gust 8, 1887. 330 ORDINANCKvS OF THE No. 291. An ordinance to provide for an electric fire alarm system for the City of Walla Walla. August 17, iScSy. No. 292. An ordinance to award the contract for building the bridge across Mill creek at Third street. August 30, 1887. No. 293. An ordinance to award the contract for removing the pres- ent Third street bridge and placing the same in position overiMill c-reek at the crossing of North Sixth street. August 30, 18S7 6 No. 294 An ordinance to purchase certain real estate from M. Mc- Manamoii for a public alley. Septemlrer 6, 1887 No. 295. An ordinance to purchase certain real estate from H. INI. Chase for street purposes as a part of Palouse street. September 6, 1887 No. 296. An ordinance to provide for the lighting of the streets of the City.' vSeptember 20, 1887. No. 297. An ordinance in relation to the publishing of City ordi- nances. October 3, 1887. No. 298. An ordinance to authorize the completion of a bridge on Sixth street. November 15, 1887. No. 299. An ordinance to establish fire limits to prohibit the erec- tion or repairs of combustible buildings. January 3, 1888. No. 300. An ordinance to open Military avenue as a public street. January 3, 1888. 303- ordinance to exempt from license teams engaged ex- clusively in City work. (See Ordinance No. 349.) March 20, 1888. No. 304. An ordinance to levy a road poll tax for the year 1888. 31 arch 20, 1888. No 307. An ordinance to authorize the conveyance of certain real estate to 3 Iichael 3 IcCarthy. April 17, 1888. No. 308. An ordinance for the erection of a bell tower. May i, 1S8S. No. 309. An ordinance to repeal an ordinance for the erection of a bell tower. June 5, 1888. « No. 310. An ordinance to assist in celebrating the Fourth of July. June 5, 18S8. No. 31 1. An ordinance to assist in celebrating the Fourth of July. June 19, 1 888. No. 312. An ordinance to purchase certain real estate for street purposes as a part of Whitman street. June 19, 1888. CITY OF WALLA WALLA. 331 No. 313. An ordinance to levy a tax for the en.sning year. June 19, i888 No. 314. An ordinance to purchase certain real estate for street purposes, to open and extend Spokane street. June 19, 1S88. No. 315. An ordinance to purchase certain real estate to open and extend a public alley in block 7, Barrons addition. June 19, 1888. No. 316. An ordinance to authorize the grading of Sixth street from Poplar street to Film street. June 19, 1888. No. 321. An ordinance to improve Sixth street. September 4, 1888. No. 323 An ordinance to provide for City printing. October 17, 1888. No. 324. An ordinance to license, tax and regulate auctions, auc- tion houses, auctioneers, hawkers and peddlers. November 8, 1SS8. No. 325, An ordinance to repeal Ordinance No. 324 November 22, 1888. No. 326. An ordinance to provide for lighting the streets. Novem- ber 27, 1888. No. 327. An ordinance to appropriate a certain sum for the build- ing of a flume on Fourth street from Alder to Main street. December 4, 1888. No. 328 Au ordinance to prohibit grazing animals from running at large within the City limits. (See Ordinance No 544.) December 18. 1888. No. 329. An ordinance to award contract for improving Hast Rose street from Touchet street to vSpokane street. December 18, 1888. No. 332 An ordinance awarding to C. B Hopkins a contract for a fire and police alarm. Vetoed. No. 334. An ordinance to amend vSection 3 of Ordinance No. 328. April 2, 1889. No. 335. An ordinance to authorize the purchase of certain real estate for and as a part of First street. April 16, 1889. No. 336. An ordinance to regulate the mode of proceedure to ap- propriate lands, real estate or other property by the City for streets and alleys. (See Ordinance No. 485.') April 16, 1889. 337. An ordinance to levy a tax of one mill for street lights. May 7, 1889. 332 ORDINAN'CKS OR THE No. 338. An ordinance to provide for the purchase of certain real estate for street ])urposes and as part of Willow street. iNIay 7, 1889. No. 339. An ordinance to appropriate money for a proper obser- vance of tile national birthday. June 4, 1889. No. 340. An ordinance to donate a certain sum to the vSeattle hre sufferers. Tune 7, 1889. No. 340 > 4 . An ordinance to levy a tax for the fiscal vear. [une j8 18S9. No. 341. An ordinance to amend a contract for Fifth street brid«;e. June 18, 1S89. . ''' No. 342. An ordir.ance to authon’ze the conveyance to Abraham Eincoln Post No. 4, G. A. R., certain property in the Citv cemetery. June 18, 1889. 343 An ordinance authorizing the exchange of real estate with the Hawley brothers. June 18, 1889. 343/2- An ordinance to authorize the Mayor to accept from M. F. Jones certain real estate for street purposes. July 2. 1889. No. 344. An ordinance to authorize the purchase from F. W. Paine certain real estate for street pin poses, and as part of Jones street. }uly 2, 1889 No. 345. An ordinance to authorize the purchase of horses for the fire department. September 9, 18S9. No. 346. An ordinance to appropriate certain money to Our Boys Ho.se Team to enable them to ccmpete in the Tacoma tournament. vSeptember 9, 1889. No. 347. An ordinance to prohibit grazing animals. (See Ordinance 503 ) October 22, 1889. 349. An ordinance to repeal Ordinance No. 303. F'ebruary 4, 1890. No. 350. An ordinance to award contract for grading Poplar street from 1 enth street to United States military reservation. F'ebiuaryfi, iS9c>. 352- An ordinance to provide license for certain busine.ss. (vSee Ordinance No. 499.) March 18, 1890. No. 353. An ordinance authorizing the purchase of rock crusher. March 18. 1890. No. 354 An ordinance authorizing the purchase of certain real estate from Jacob Betz for street purposes, and as a part of Chestnut street. April 5, 1889. CITY OF WALLA WALLA. 333 No. 355. An ordinance authorizing the purchase of certain real estate from Harry Wintler for street purposes, and as a part of I'onrth street. April 5, 1890. No. 356. An ordinance providing for the improvement of Sumach street from Colville street to Idaho street. April 5, 1890. 357 ordinance providing for the improvement of Touchet street from Sumach street to Cheriy street. April 5, 1890. No. 358. An ordinance providing for the improvement of Cherry street from Tukannon to Idaho streets. April 5, 1S90. No. 359; An ordinance providing for the improvement of Tukannon street from Sumach street to Cherry street. April 5, 1890. No. 360. An ordinance to levy poll tax for the year 1890. April 14, 1890. No. 361. An ordinance to authorize the sale of certain property on Fourth street. May 6, 1890. No. 362. An ordinance to authorize the City to borrow money and contract an indebtedness for the purpose of constructing a system of sewers. (^S^^ ordinance No. 377.) IMay 14, 1890. No. 363. An ordinance to authorize the Cit}' to borrow money and contract an indebtedness for the purpose of constructing or acquiring a .system of water works. (See Ordinance No. 378.) May 14, 1890. No. 364. An ordinance to authorize the contracting and incurring of a City indebtedness. (See Ordinance No. 379.) May 14, 1890. No 365. An ordinance to award the contract for the improvement of Touchet street between Sumach and Cherry streets. May 20, 1890. No. 366. An ordinance to award the contract for the improvement of Cherry street between Tukannon and Idaho streets. INIay 20, 1890. No. 367. An ordinance to award the contract for the improvement of Tukannon street between Sumach and Cherry streets. May 20, 1890. No. 368. An ordinance to award the contract for the improvement of Sumach street between Colville and Idaho streets. May 20, 1890. No. 369. An ordinance to award the contract for building culverts, and boxes on Tukannon, Cherry, Sumach and Touchet streets. IMay 20, 1890. No. 370. An ordinance to award the contract for the grading of certain squares and alley crossings. iVIa}’ 20, 1890. No. 371. An ordinance authorizing the sale to the estate of I). »S. Baker of certain property in the CiW cemetery. June 3, 1890. 334 ORDINANCKS OF THE 373* ordinance providing for the iniprc.venient of Tukanoii street from Sumach street to Main street. June 3, 1890. No. 374. An ordinance to amend Ordinance No. 362. Jnne3, ^890. No. 375. An ordiuance to appropriate certain money to assist in providing for a proper observance of the national birthday. June ij, 1890. A No. 376. An ordinance to accept and approve the asse.ssment roll for the year 1890. June 17, 1890. No. 377. An ordinance to authorize the City to borrow money and contract an indebtedness for the purpose of constructing a sy.stem of sewerage. June 17, 1890. No. 378. An ordinance to authorize the City to borrow money and contract an indebtedness for the purpose of constructing or acquiring a system of water works. June 17, 189c. No. 379. An ordinance to authorize the contracting and incurring of a City indebtedne.ss for municipal purposes. June 17, 1890. No. 380. An ordinance to provide for the City printing endingjune 30, 1890. July 10, 1890. No. 381. An ordinance to fix the salary and pay of City officers. Jul.v 10, 1890. No. 383. An ordinance to award a contract for the construction of a bridge on Thirteenth street. September 30, 1890. No. 385. An ordinance to authorize the conveyance of lot 8, block 19, of the original City of Walla Walla to Olive F'. Morrill. October 7, 1890. No. 386. An ordinance providing for the improvement of Fourth street from Birch to Chestnut street. November 18, 1890. No. 387. An ordinance to award a contract for the construction of stone abutments on Mill creek at F'ourth street. November 24, 1890. No. 389 An ordinance to award the contract for the improve- ment of Fourth street between Birch street and Chestnut street. Decem- ber 16, 1S90. No. 390 An ordinance to award the contract for grading certain squares in F'ourth street. December 16, 1890. No. 391. .\n ordinance authorizing the purchase of ceidain ]>rop- erty for cemetery water purposes. January 12, 1891. No. 392. An ordinance providing for the improvement of Catherine street from Dr. Newell street to and including Chestnut street. Feb- ruary 13, 1891. CITY OF WAIJvA WAIJvA. 335 No. 393. All ordinance a\vardin<^ a contract to construct a stone abutinent on the banks of Mill creek on Main street. February 13, 1891. No. 394. An ordinance for the iinproveinent of Walnut street from vSecond street to Adella avenue. February 17, 1891. No. 395. An ordinance for the improvehient of Chestnut street from Second street to Chase avenue. February tj, 1891. No. 396 An ordinance for the improvement of Duluth street from Chestnut street to Walnut street. February 17, 1891 397- An ordinance authorizing the purchase of certain real estate for street purposes to open and continue Third street. Februarv 17, 1891. No. 398. An ordinance to award the contract for the grading of Catherine street from the center line of Dr. Newell to the south line of Chestnut street. March 17, 1891. No. 399. An ordinance to appropriate a certain sum of money for excavating cemetery reservoir. March 17, 1891. No. 400. An ordinance authorizing the purchase of certain land from John and Viretta Bryant for street purposes and as a part of Whit- man street. April 7, 1891. No. 401. An ordinance awarding the contract for the stone work on cemetery reservoir. April 7, 1891. No. 402. An ordinance to levy a road poll tax for the year 1891. April 7, 1891. No. 403. An ordinance to purchase iron pipes for cemetery water works. April 7, 1891. No. 404. An ordinance to award the contract for grading Duluth street from Chestnut street to Walnut street. April 7, 1891. No. 405. An ordinance awarding the contract for the grading of Walnut street Irom Second street to Adella avenue. April 7, 1891. No. 406. An ordinance awarding the contract for the grading of Chestnut street from Second street to Chase avenue. April 7, 1891. No. 407. An ordinance to establish fire limits. (vSee Ordinance No. 524.) April 21, 1891. No. 408. An ordinance to appropriate certain sums of money to pay for labor employed in excavation of cemetery water line. April 21, 1891. No. 409. An ordinance providing for the improvement of Touchet street by grading from Sumach street to alley south. May 19, 189;. (JrDINANCKvS of the 33 ^ No. 4UJ. An ordinance to award a contract for the construction of a stone abutment on Mill creek at vSecond street. May 19, 1891. No. 411. An ordinance to award a contract for the con.strnction of a bridjjje over (iarrison creek on Park strreet. May 19, 1891. No. 413 An ordinance to award the contract for the grading of Tonchet .street from Sumach street, to and including the alley .south. June 16, 189J. No. 415. An ordinance to accept and approve the assessinent roll for the year 1891, and to levy taxes for the ensuing fiscal year. June 16, 1891, No. 416. An ordinance to fix the salaries of City officials. July II, 1891. No. 418. An ordinance to amend Section 9 of Ordinance No. 352. July 21, 1 89 1. No. 419. An ordinance to award the contract for City printing, year ending June 30. 1892. July 21, 1891. No. 420. An ordinance providing for the improvement of Third .street from Birch street to Eagan avenue August 18, 1891. No 421. An ordinance awarding the contract for furnishing steel riveted girders for North Second street bridge. August i8, J891. No. 422. An ordinance to establish fire limits. (See Ordinance No. 524.) September i, 1891. No. 423. An ordinance to authorize the borrowing of money. ( See Ordinance 434. ) vSeptember 15, 1891. No. 425. An ordinance to award the contract for the improvement of Third .street from Birch street to Eagan avenue. October 20, 1891. No. 426. An ordinance to amend Sections 2 and 3 of Ordinance No. 352, entitled “An ordinance to provide license.” (See Ordinance No. 499. ) November 3, 1891. No. 427. An ordinance to award the contract for building a bridge across Mill creek at Second street between Main and Rose .streets. No- vember 3, 1891. No. 428. An ordinance to appropriate a certain sum to purchase for City purposes certain real estate burial ground for dumb brutes. No- vember 17, 1891. No. 429. An ordinance to provide for the improvement of W'ash- ington street from Grove street to Clinton .street. November 17, 1891. CITY OK WAU.A WALLA. 337 No. 430. An ordinance to provide for the improvement of Colville street from Hast Rose to Kast Main street. November 17, 1891. No. 431. An ordinance to award the contract for grading, sidewalk- ing and strawing ol Washington street from Grove street to Clinton street. December 7, 1891. No. 432. An ordinance to award the contract for grading, side- walking and strawing Colville street from East Main to East Ro.se streets. December 7, 1891 . 433 - ordinance to award the contract for furnishing hav, straw and oats for the year ending December 17, 1892. December 15, 1891. 435 - An ordinance to provide for the lighting of .streets. Jan- uary 5, 1892. No. 436. An ordinance appropriating a certain sum in payment of a judgment in John L. Cook vs. The City of Walla Walla, et al. Feb- ruary 16, 1892. 437 - An ordinance to appropriate out of the general fund a cer- tain sum to purchase real estate for street purposes and the opening of Palouse street from Hast Main to Birch street. February 16, 1892. No. 438. An ordinance to provide for the improvement of Whit- man street from Chandler street to Catherine .street. March i, 1892. No. 439. An ordinance to award the contract for the improvement of Whitman street from Chandler street to Catherine .street March 19 1892. , No. 440. An ordinance to levy a road poll tax for the year 1892. April 5, 1892. No. 441. An ordinance to amend Section 9 of Ordinance No. 422, an ordinance entitled “An ordinance to establish fire limits.” (See Ordinance No. 524.) April 5. 1892. No. 442. An ordinance to authorize the execution of a deed to Kitty D. Caulking of certain real estate. April 19, 1S92. No. 443 An ordinance to authorize the execution of a deed to John G. INIuntinga of certain real e.state. April 19, 1892. No. 444. An ordinance to provide for the improvement of Ralou.se street from East Main street to Craig .street. May 3, 1892. No. 445. An ordinance to award the contract for the improvement of Ralouse street from East Main .street to Craig street. May 3, 1892. 33 ^ ORDlNANCKvS OF THE No. 446. All ordinance to award the contract for the excavation, concrete work and inasonary necessary for the construction of abutments Palouse street liridge. June 9, 1892. No. 447. An ordinance to provide for the improvement of Whit- imin street, from Division street to Howard street. June 9, 1892. No. 448. An ordinance to provide for the improvement of Whit- man street, from Howard street to Chandler .street. June 9, 1892. No. 449. An ordinance to accept and approve the a.s.sessment roll for year 1892. June 21, 1892. No. 450. An ordinance appropriating certain sums to assist in the celeliration of the Fourth of July, 1892. June 28, 1892. No. 451. An ordinance to award the contract for the City printing for the }-ear ending June 30, 1893. No. 452. An ordinance to appropriate certain sums to pay for as- sessment agaimst school property on Whitman street. July 9, 1892. No. 453. An ordinance to fix .salaries of City officials. July 9, 1892. No. 454. An ordinance to award the contract for the construction of a bridge across Mill creek at Palouse street. Julv 19, 1892. No. 455. An ordinance creating the office of Building Inspector, denning the duties of such office. (See Ordinance No. 488.) Aug- ust 16, 1892. No. 456. An ordinance to award the contract for the improvement of Whitman street, from Division street to Howard, street. October 6, 1892. 457- 3.11 ordinance to provide license for certain business. (See Ordinance No. 499.) November i, 1892. No. 458. An ordinance providing for the .sidewalking of the south side of Alder street, from Park .street to the corporation limits De- cember 13, 1892. No. 459. An ordinance designating the time for the collection of swill. (See Ordinance No. 495.) January 3, 1893. No. 460. An ordinance to provide for the improvement of Dr. Newell street, from Howard street to Catherine .street. Januar}* 3, 1893. No. 461. An ordinance to award contract for hay, straw and oats for the vear 1893. January 3, 1893. No. 462. An ordinance to provide for lighting the streets. Janu- ary 17, 1893. CITY OF WAIvLA WALLA. 339 No. 463. An ordinance to award the contract for tlie improvement of the south side of Alder street, from Park street to the City boundary. P'ebruary 7. 1893. No. 464. An ordinance limiting the right to compete for City print- ing. (See Ordinance No. 514.) February 7, 1S93. No. 465. An ordinance to prohibit the refunding of money paid tor license. F^ebruary 21, 1893. No. 466. An ordinance to amend Ordinance No. 457, entitled “ An ordinance to provide license for certain business.” February 21, 1893. No. 467. An ordinance to award the contract for the grading,' side- walking and strawing of Dr. Newell street. March 7, 1893. No. 468. An ordinance to levy a road poll tax for the year 1893. March 21, 1893. No. 470. An ordinance to provide tor the payment of license bv persons engaged in the laundry business (See Ordinance No. 494. ) April 18, 1893. No. 472. An ordinance providing for the improvement of Fast Alder street, from Park street to the City limits. May 2, 1893. No. 473. An ordinance providing for the improvement of Park street, from Whitman street to Craig street. May 2, 1893. No. 474. An ordinance for the City of Walla Walla to sell a certain piece of land unsuitable for City purposes. May 2, 1893. 475- -3.11 ordinance to award the contract for the grading, curb- ing, sidewalking and strawing of Park street, from Whitman street to Craig street. May 16, 1893. No. 47^* -3n ordinance to award the contract for the grading of East Alder street, from Park street to the City limits. May 16, 1893. No. 477. An ordinance to award the contract for grading the side- walk on the north side of Alder street, from Park street to the City limits. May 16, 1893. No. 478. An ordinance to award to Levi Malone the contract for covering the City dump. May 16, 1893. No. 479. An ordinance to appropriate a certain sum to pav for ser- vice rendered by Wynkoop Kiersted. June 6, 1893. No. 481. An ordinance to accept and approve the assessment roll for the year 1893. June 20, 1893. No. 482. An ordinance to award a contract to Janies Knott for the construction of a stone arch bridge at Main street. June 20. 189^. 34« URDINANCKvS OF THE No. 483. An ordinance to fix tlie salaries of City officials. July 6, I ^93- No. 484. An ordinance to award the contract for the City printing and advertising for the 3'ear ending June 30, 1894. J11I3’ 6, 1893. No. 485. An ordinance to repeal Ordinance No. 336 of the City of Walla Walla. August r, 1893. No. 487. An ordinance to extend the time of payment for the taxes for the year 1892. Angu.st 15, 1893. No. 488. An ordinance to repeal Ordinance No. 455. vSeptember 1893- No. 489. An ordinance to repeal Ordinance No. 209. September 19 , i«93- No. 490. An ordinance to repeal vSection 21 of Ordinance No. 457. October 3, 1893. No. 491. An ordinance to repeal Section 3 of Ordinance No. 347. October 3, 1893. No. 493. An ordinance to award the contract for the construction of a corporation shed. November i, 1893. No. 496. An ordinance authorizing the execution of a deed by the Cit}' of Walla Walla to Richard Bogle. Januarv 16, 1894. No. 497. An ordinance to repeal Ordinance No; 465. February 13, 1894. No. 498. All ordinance to award the contract for furnishing hav, straw and oats to the Cit}- for the year ending F'ebruarv 28, 1895. March 6, 1894. No. 499. An ordinance to amend Section 4 of Ordinance No. 494, relating to license. (See Ordinance No. 494.) March 20, 1895. No. 500. An ordinance to repeal Ordinance No. 319. March 24, 1894. No. 501. An ordinance to apiirojiriate a certain sum as payment for the service of Stratton, I,ewis and Gilman. April 3, 1894. No. 505. An ordinance concerning dogs, returned to the Council without the approval of the Ma}'or. Mai- 15, 1894. No. 506. An ordinance authorizing the execution of a deed by the City of Walla Walla to A. P. Pearson and P. P. Pearson. June 8, 1894. No. 507. An ordinance to appropriate a certain sum in payment of R. S. Clark for printing an official map of Walla Walla. June 19, 1894. V,^Jr '■■ ' 'fiA , '\ CITY OF WAFFA WAFFA, •' / No. 50S. An ordinance to acce])t and approve the assessment roll for the rear 1894. June 19, 1894. No. 509. An ordinance to fix the salaries of City officials. July 5, No. 510. An ordinance to provide for the payment of Citv war- rants in order of number and date of i.ssue. August 7, 1894. • No. 512. An ordinance to provide for the keeping of all moneys of the Cit} of Walla Walla in one fund. August 21, 1894. No. 514. An ordinance to repeal Ordinance No. 464. SeptemT)er No. 515. An ordinance to provide for the erection of a bulkhead on the south side of Mill creek between First street and Palouse street. November 20, 1894. No. 516. An ordinance to provide for the erection of a bulkhead on the north .side of Mill creek between Fourth and Fifth streets. No- vember 20, 1894. No. 517. An ordinance to award the contract for the Citv printing lor the year ending June 30, 1895. November 20, 1894. No. 518. An ordinance to award the contract for the erection of a bulkhead on the north .side of Mill creek abutting on lots one (i) and two I 2I in block “C” of the original town. December ii, 1894. No. 519. An ordinance to award the contract for the erection of a bulkhead on the south side of IVIill creek, between the property of Wb D. vSmith in block “H” of the original town and the property of the Baker e.state, December ii, 1894. No. 520. An ordinance repealing Ordinance No. 60. December 18, 1894. No. S22. An ordinance to approjiriate a certain sum to pay Strat- ton, I.ewis & Gilman for service rendered. March 12, 1895. No. 523. An ordinance to appropriate a certain .sum to pay Victor Wilson for stenograohic work. :March 12, 1895. No. 525. An ordinance to levy a road poll tax for the vear i8qs April 4, 1895. • No. 526. An ordinance repealing Ordinance No. 72 of the Citv of W alia Walla. April 4, 1895. No. 528. An ordinance repealing Ordinance No. 58 April 16 i«95. No. 530. An ordinance to accept and approve the a.s.se.ssment roll lor the year 1895. June 20, 1895. 1894, 18, 1894, 342 ORDlNANCKvS OF THE No. 533. All ordinance appro^jHating- a certain sum to pay Dion Keef. June 20^ i^95- I No. 534. An ordinance to appropriate a certain sum to pay I. H. Jessup, City Assessor. June 20, 1895. c No. 535. An ordinance appropriating a certain sum to aid the cele- bration of the Fourth of July, 1895. July 2,^1895. No. 538. An ordinance to award the contract for a bulkhead under Alain street bridge. September 14, 1895. No. 539. An ordinance to appropriate a certain sum to pay the Gutta Percha Co., of Portland, Oregon, for hose. October i, 1895. No. 540. An ordinance to award the contract for City printing for the year ending June 30, 1896. October i, 1895. No. 541. An ordinance appropriating a certain sum in payment of horses purchased. October i, 1895. No. 542. An ordinance to amend Section 8 of Ordinance No. 301. (See Ordinance No. 301.) October i, 1895. No. 544. An ordinance to amend Section 3 of Ordinance No. 503. .(See Ordinance No. 503.) December 3, 1895. No. 545. An ordinance to authorize the compilation and publica- tion of general laws and the ordinances of the City. January 7, 1896. No. 548. An ordinance j^roviding for the improvement of Palouse street betiveen Alain and Rose streets. February ir, 1896. No. 549. An ordinance providing for the improvement of Cherry street from Second to Colville streets. Alarch 3, 1896. No. 552. An ordinance providing for the improvement of Colville street from Cherry to Oak streets. Alarch 3, 1896. No. 553. An ordinance to repeal Ordinance No. 149. Alarch 3, 1896. No. 554. An ordinance to repeal Ordinance No. 158. Alarch 3, 1896. No. 555. An ordinance to repeal Ordinance No. 208 and Ordinance No. 213. Alarch 3, 1896. No. 556. An ordinance to repeal Ordinance No. 222. Alarch 3, 1896. No. 559. An ordinance to repeal Ordinance No. 186. Alarch 3, 1896. INDEX TO CHARTER. INDEX TO CHARTER. AS. Accidents— liability of City for Additions — to City power to include within limits Alleys — control over Animals — to prevent running at large Appropriations— vote necessary for Assessor duties of shall assess lands within assessment districts Assessment — form of. proceedings in case erroneous Ass p:SSM ENT D I STR ICTS — may be established what shall include may be created anew Rids — how received freeholder may make new Ronds — shall be approved b\' Mayor Books— official shall be kept at office Ritldings — control of public right to erect public Section 5 104 5 15 50 27 64 79 86 65 75 76 78 80 82 51 70- 6 344 INDKX TO CHARTER. O Section l*af Dk.a.])— to regulate burial of 19 u I)o(t.S — power to license 15 10 Klkctions — time of holding 28 Inspectors and Clerks 29 notice of 30 time of opening polls 31 officers, qualifications of 32 general laws to govern 39 returns canvass of .... 34*49 certificate shall be issued 33 KrjiCTORS — qualification of 33 Eminent I)o:\iain — proceedings to be prescribed by ordinance 6-12-99 I'iNK — ma}' prescribe 22 F I R 1^ — departments control of 4 regulations to prevent 4 Fi.scai, — 3'ear 96 Gas — works 10 14 14 14 14 14 16 J5-17 15 15 7-9-27 1 2 6 6 26 8 ON INDEX TO CHARTER. 345 M HAI.LS— regulating public Health Officer Health— regulation Houses— of ill-fame I Imprisonment— may be prescribed... Impeachment — power of. Indebtedness — limit of. J Justice— C ity jurisdiction of bond of reports of Xv License — d ogs trades and occupations Lien — for improvements Limits— C ity M Map — official Markets Marshal — C ity duties of bonds of delinquent tax collector deputies of records of Mayor — term of. to preside over Council Council to appoint in absence of.... communications to Council power to veto power to pardon to sign warrants to approve bonds to approve ordinances Mill Creek Misdemeanors — to prevent Section 9 27 14 18 22 27 ' 105 27 27 68 68 15 16 84 5 20 • 27-17 66 66 66 66 67 26 48 48-55 ^ 51 51 51 51 52 54 21 j8 Page 8 13 10 1 1 12 '3 28 13 13 20 20 10 10 23 I 7 11 13-10 20 20 20 20 20 12 17 7-18 18 18 18 t 8 18 18 II II 346 INDKX TO CHARTER. N AME — corporate NuIvSance — power to abate O Oath — of office Obstructions — to prevent in creek.. Officers — compensation of qualification of election suspension of term of Opium — to regulate use of Ordinances — approval of courts shall recognize power to adopt passed before charter in force publication of recording of style and requisites Order— in Council F* Pardon — power of Mayor Petition — presumption of regularity Pipes — use of streets for POEICE — Powers— of City O Quarantine — Quorum— what constitutes powers of Raieways — use of street for Remonstrance — Riots — to prevent Saearies — not to be changed Seae— City Section Page ^ ^ I 6 9 8 38 • 15 21 1 1 23 12 32 ‘4 27 >3 27 13 18 1 1 54 18 74 2 I 22 1 2 102 27 73 2 I 73 2 1 72 2 F 47 1 7 51 18 100 27 19 8 17 10 23 6-1 2 14 10 46 17 50 17 10 8 77 22 18 1 1 27 15 2 6 INDEX TO CHARTER. 347 Skwers Skxton— C ity Sidewalks — assessment districts for maintenance of Streets — control of boundar3^ of appropriation of land for improvement of lighting of cleaning of. assessment districts for grade of shall not be changed Street Commissioner liability of Sue — C ity may Sued — C ity ma\’ be Surveyor— C ity Surveys Taxes — delinquent, penalty on equalization of. for fire purposes interest levy and collection of lien of power to levy general power to collect ... regularity presumed road and road poll Telegraph Lines Telephone Lines Term — of office Treasurer — City duties of shall keep accounts report of Trusts— grant of to City Section Page 00 8-9 27 13 76 22 8 8 5 7 5 7 6 7 8 8 6 7 9 8 76 22 99 27 27 13 91 25 2 6 2 6 27 13 5 7 87 24 86 24 4 6 89 25 86 24 89 25 3 6 8 S 25 97 26 8 8 18 . 8 10 8 37 15 27 13 61 19 62 19 63 20 or 27 34 « INDEX TO CHARTER, V Vacanciks— in office VkhicIvRS — to regulate speed of Veto — power of Mayor to Voters — qualifications of Watpcr — for fire purposes Water Pipes Water Works Warrants — how signed Wards— C ity INDEX TO GENERAD LAWS. 349 INDEX TO GENERAL LAWS. • Section Page Actions — limitation of i 159 Additions to Cities 743 29 Assessment OF Property 97 additional in case of error i 150 13 Ballots 63 how marked 74 how prepared 69 how provided 68 Banks — how assessed 108 Bonds — of contractors 2415 35 for internal improvements 2 37 to fund indebtedness 712 43 to refund indebtedness 2691 48 to fund warrants .' i 53 Booths — election 75 Bribery — punishment for 90 O C.\NDIDATES — how nominated 63 Canvass — of votes 83 Challenging — votes 80 Condemnation — of lands, procedure 143 Contests — election ^ 86 Contractors — shall give bond 2415 35 INDKX TO GKNKRAT LAWS. 350 13 Damages — for change of grade payment of Detail — lists for taxation Donation — of land, effect of Klection — contest of Electioneering — prohibited Electors — qualifications of Eminent Domain — right of Evidence — copy of plat as Exemption — from taxation Funding — indebtedness Grade — change of. Highways F' O 1 1 I Improvements — bonds for Indebtp:dness — City may contract may be funded may be validated may be refunded Insurance Companies — how assessed LibrariEvS — public Limits — of City, may be reduced Limitation of Actions Loan.s — C ity ma}^ provide for. ]VJ Section Page ^ 760 33 765 34 105 75 '"^ 32 86 78 63 145 755 31 99 705 40 759 33 746 30 I 49 702 39 705 40 ,. 706-1 40-155 . 2691 48 1 13 160 L 157 I 159 I 56 107 702 39 Merchandise — how taxed Money — C ity may borrow.. INDKX TO GKNERAL TAWS. 351 ::v Section Page Nominations — how made 63 to be certified 64 to be published 66 f O Ordinances — as evidence 766 34 how plead 767 34 to be recorded 766 34 Y* Penalty — on taxes.. 142 Plats — to be recorded 743 29 to be acknowledged 745 29 defective legalized 754 31 to be regulated 759 32 POLLvS — when opened 79 Polling Place.s 73 Poll List 79 Property — defined for taxation 97 how listed for taxation loi R Railroads — how assessed no Re-assessment — in case of error r 150 Redemption of Property 134 RegIvSTration of Voters 90 Returns of Election ... 88 SalE.S — for taxes 130 Sewerage — C ity may maintain i 37 Stock — how listed for taxation 108 Streets — City may light i 37 platting of 743 29 . vacation of 749 30 change in grade of 759 33 352 r INDKX TO GENERAL LAWvS. Section Taxation — of property exemption from to pay interest on bonds 705 Taxes — collection of lien of sale of property for penalty on ^ TeeEGraph Companies— how assessed Telephone Companies — how assessed V Vacancies- — in nominations Vacation— of plats of plats, effect of of plats, procedure for Validiation of Indebtedness Votes — how counted canvass of VoTERvS — registration of XV 749 715 752 706 Warrants — may be funded payment of Water Works— City may maintain may borrow mone)’ for Pajje 97 99 44 116 117 130 142 112 112 67 30 30 31 40 81 83 90 53 162 38 40 I 704 INDKX TO ORDINANCES. 353 INDEX TO ORDINANCES. .Section Page Ai.i^eys — ( see streets) to prohibit fast driving in 306 Animals — to Drevent cruelty to 200 to prevent running at large 238-295 to prevent grazing in street 274 \rson — reward 265 Assault 22 169 Assessment — when made I81 manner of 313 for street purposes 4 196 districts 218 Assessor — C itv, duties of I So- 249 Attorney — C itv, duties of 177 Auctioneers — shall not obstruct streets 201 Awnings — to regulate • 30 242 13 Bathing — prohibited 18 239 Battery — punishment for 22 169 Bids — form of 3 199 Births — shall be renorted 4 259 Bond — for use of street or sidewalk 2 227 Bonds — to authorize issuance of 277-280 Blasting — regulation of 21 240 Bridges — protection of • 19 169 Buildings — care of Citv 234 to provide for numbering 208 344 INDKX TO ORDINANCKvS. O Carriages — fixing fare of ^ .Section Pagre Ceuearways — to regulate 202 Cemetfcry, City 242-221 to be in charge of .Sexton protection of shrubberv in 251 lots in 283 to protect a.gainst fire 216 Chief J^ngineer 230 Chief E^ngineer 23.5 Chimneys— to be cleaned 245 Ceaip4:s to be presented to Clerk 192 Ceerk, City — duties of 175 Contracts — for street work 175-247 CouNCiE— order in 198 CouNCiEMEN — apportionment of 225 Crosswaeks. 228 Curbs 188 II 187 13 Dancing— in saloons prohibited DuaThs— to be reported Diskase— contagious, to be reported!..'.... Dogs— to prevent running at laro-g Drains — shall be enclosed. DRiviNG-to prevent fast... Drunkenness— punishment for.'...'.'.’..'.’”'.*’.’ J Keectric Works— ^ franchise to C. K. Burrows. 260 259 311 239 166 167 franchise to W. W. L. p. & p. Qo 265 Eaese Aea RMS— punishment for 266 Fences not to encroach on street 168 Fines — pavment of. 240 Firb: — 170 protection against.. compelling assistance at 169 prevention of... 167 arms, to prevent dischanre of department... 189 239 limits .... 234-245 wardens... 302 U89 (tAMEvS ok Chance — prohibited in street i6 Gun Powder — to regulate keeping of. Hacks — fixing fares. Hay — to provide for housing of i6 Health — to protect officer, duties of 31 officer, duties of Horses — to regulate driving of to be securely hitched Hotel Runners — to regulate Houses — disorderly of prostitution Impeachment — procedure Indecent Exposure — punishment for 10 Justice, City accounts of. bond of shall issue '.varrants / r 356 INDKX TO ORDINANCES. I — \ Section Page Marshal, City — duties of 173-248-316 to board prisoners ; 298 to appoint deputies 3 203 Mayor — duties of i 246 pardoning power 33 171 may declare quarantine 19 263 shall sign warrants 10 176 Mill Crkek — to protect channel 165-226-210-276 to provide for breakwater in . .. 10 Oi 0 Minors — to prohibit presence at games of chance.. 220 to regulate 301 Monuments of Survey — protection of ' 200 IV Name of City 164 Nuisance — defined 2 165 abatement of .... 30 171 no notice of required I 2II to prohibit public 244 0 Offenses — defining 165 OFFICERvS — trial of 274 shall not contract without order 210 Opium — to prevent use of! 219-223 Order — in council 225 Ordinances — publication of 294 to provide for compilation of 310 Peace — disturbing .... 25 169 Person — to prohibit exposing .. . 10 167 Plats of Additions 5 238-310 Poles — to protect 275 Police 202 salary of 299 re.sisting 168 rsri/.nv' ■.m-' INDEX TO ORDINANCES. 357 Section 8 -appointment of. Poll Tax Poundmaster Prisoners — to be worked to be boarded by Marshal Privy Vaults Profanity — prohibited in street 12 Public Property — protection of . OUARANTINE Q Railway — right of way to W. W. & C. R. Co right of way to M. C. F. & M. Co .... right of way to O. R. & N. Co right of way to W. W. L. P. & F. Co right of way to O. & W. T. Co right of way to H. E. Johnson et al. . right of way to H. P. Isaacs Records — to be kept by Clerk 19 263 203 233 236-268-272-305 267 vSalaries vSaloons — to regulate *.... vSeal of City shall be affixed by Clerk vSexton — duties of Sidewalks — to prevent driving on to protect to abolish signs over manner of construction manner of construction to be clear of snow and ice to prevent obstruction of use for building purposes to prevent use of vehicles on repair of to prevent animals trespassing on. Signs — to prohibit over walk Snow — to be cleared from walks Spark Catchers Spark Catchers 1 1 307 279-288 164 176 8 251 166 1 1 167 12 209 187 26 241 38 208 210 227 242 253 31 283 242-209 24 240-208 18 168 13 192 I Section Page vStkp:i\s 184-237-186 cleaning of 183 grade of 9 186-237 how graveled 14 188 sprinkling of 16 188 improvement of, 195-218 to prevent obstruction of 201-210 use of for building purposes 227 use for telegraph and telephone poles 231 to prevent loitering on 43 243 when graded, City shall keep in repair 263 grade of Seventh 273 to provide for lighting .. 309 Surveyor, City — duties of 16 248 Surveyor, City — duties of 6 186 Swiuu — collection of 294 U" Taxp:s— levy of 180-313 Treasurer shall receive 2 178 TeueGraph and Teuephone — to regulate use of.. 231 Teuephone — franchise to C. Hopkins 257 Theaters — to regulate 271 Thistues — protection against 26 170 Treasurer, City — duties of * 178 Trees — where planted 15 188 where planted 25 241 protection of 194 V Variety Shows — to regulate 271 VehicuEvS — not to be left in street 8 238 Veuoctpp:de — riding on sidewalk prohibited.... 32 171 XV Warrants — drawn by Clerk 8 175 paid by Treasurer 5 178 payment of 299 Wards — division of City into 228 Water Company — right to use of streets 232 contract with ; 254 Water Works — to provide for construction of 284 Wp:apons — to prohibit carr5dng of 9 i66 to prohibit carrying of 27 170 jTLf, t • " ' * / < W> Utiaj{m 14^2 1 1.-^- n * S. M CoLiBri iiagitaaaEtiEta^ Made in Italy 05-14 STD 8 0 3 2 9 1 9 9 9 1 4 0 9* www.colibrisystem.com UNIVERSITY OF ILLINOIS-URBANA