—----------—lO-tsGEES ?AL STATt
H VOLUME I.	CEUUEE, VOE. ILLUME II.POBKST, TIMBER, AND TREE LAWS
OR THE
STATE OE WASHINGTONTMOHANDUM
The Statutes oontained in this Com-
pilation of the Borest and Timber Laws of
the State of Washington have been gathered
from:
Remington and Ballinger’s Annotated
Codes and Statutes of Washington, 1910, 2
Volumes, viz: Volume I., Codes of Proce-
dure; Volume XI., General Statutes.
(Wash)
EMINGTON AND BALL INGER’S
ANNOTATED
CODES AND STATUTES
or
WASHINGTON
IN TWO VOLUMES
(Cite Hem. and Bal. Code)
Showing all
Statutes In Eoroe, Including the
Extraordinary Session Laws of
1909
By
HON. RICHARD A. B/LLINGER
AND
HON. ARTHUR REMINGTON
VOLUME I.
CODES OE PROCEDURE.
3
Preface.
This work revises "Ballinger^ Annotated
Codes and Statutes of the ®tate of Washing-
ton,1* published in 1897< The added laws em-
brace acts passed at six regular biennial
sessions of the legislature, 1899 to 1909,
inclusive, and the extraordinary sessions
of the years 1901 and 1909, as well as a few
earlier enactments that have been discovered
to be in force* The new annotations cover
the decisions reported in Washington Reports,
volumes 16 to 52, inclusive*
The Codes of Procedure (Civil, Probate,
Justice and Criminal) in the first volume
follow the ©±der of arrangement of the
earlier work; except that *******
Modern methods, and the vast increase
in general legislation, require an alphabeti-
cal axrangexaent for the general statutes em-
braced in the seoond volume. ******
(Wssh)
-4
Judge Ballinger*s invaluable histori-
cal references at the end of each seotion
A
are preserved and the same system adopted
for the subsequent enactments, except that
the Ballinger Code numbers appear in paren-
theses immediately after the current code
seotion numbers, an asterisk indicating a
later enactment or amendment* His cross-
references have also been adapted, ampli-
fied, and the system extended to the new en-
actments*
It has been deemed advisable to print
in the form of an appendix, with a separate
index immediately following, all the old
criminal laws governing prosecutions for
orisies committed prior to June 9,	1909*
~i111 inm ■■I imnamwiinttw
Bor convenience in reference the consecutive
numbering of sections has been carried
through this appendix. The tables of seo-
tional cross references to earlier compila-
tions and session laws hardly need
(Wash)
-5-♦
references to earlier compilations and
session laws hardly need explanation. The
table® for the session laws include only
the acts passed since the publication of
Ballinger’s Code.
ABTHOT KFfOTGTOM.
Olympia, ^ash.,
January, 1910.

(Task)
6INDEX
BOARD ON FOREST CO-ffilSSIONERS:
Duties of....................§§5276-52.,7.
BOARD or GEOLOGICAL SURVEY.........§§5396-5402.
BOARD Ol1 STATE LAND COMMISSIONERS....., §6605,
6606, 6614, 6616, et seq.
BOARD (STATE) TO PROMOTE UNIEORMITY
OE DEOISLATION...............§§6943-6950.
BOOM COMPANIES....................§§7106-7109,
7110-7126.
BOOMS............................§§2656,2658,
2659,2833,2834,2840,
2957,6773,7106-7126.
BRANDS (AND MARKS)..
BUREAU OE LABOR.....
BUREAU OE STATISTICS
...§§1181,2594,
2595,2941,7091-
7097,7101-7105.
§6553.
...........34 (Art.II,
State Const.), §8960.
-7CAPITOL BUILDING LANDS
§§6697-6702,
6827.
CEMETERIES:
Injury to trees in.........§§2914,3651.
CHUTES.......................§§7106-7109.
CITIES:
Powers of Council to regulate-
Sale and measurement of wood,
lumber, etc...............§7612.
Planting of shade trees......§§7621
7685,7731.’
CLEARING LANDS:
Per domestic use..................§6825.
COAT, MINES:
Timber for use as props.....•••••§7394.
COLLEGE (STATE OP WASHINGTON)...........§§4333,
4335,4336*
4347, 5047.
COMMISSIONER OP LABOR...................§6553.
0	COHmSSIONBR OP STATISTICS............. .§8960*
COMMISSIONERS:
Board of Forest..............§§5276-5287
Board of State Land..........§§6605,6606,
6614,6616, et se^.
8-"COE tra "TREES:
Seaoval of, or Injury to..........§2656.
COEPOEATIONS:
Transportation of wood and
lui»'ber.................§§3677,7106-
7109,7110-7126.
CRUISES (PT/TR);
Fx-cfficio fire wardens..........e
DISTRICTS (LTORRR)......................§7070.
EDUCATIONAL IlTSTlTUTIOKSj
Facilities for study of matters
related to forestry..........<..€4333
4335,4336*4^4/’
5047,6992.
WWS; '
•Spark arresters on........§§2524,5285.
ENTOMOLOGY,.....................§§3069-3139,
4336.
EXPERIMENT STATION.
.........§§4333,4347,
5047.
-9-PAIR
State............................§3002.
Southwest Washington.♦...........§3013*
PIKES:
Burning brush, etc..........§§2522,2523,
5283,5284.
Permits for burning brush,etc.....§2522.
Pailure to extinguish.............§2523.
i
Pailure to respond to lawful sum-
mons to aid in ext inguisning... §2523.
Operating engines without
spark arresters.........§ §2524,5285.
Railroads must use spark ar-
resters on engines.......§§2524,5285.
Liabilities, in general, for
causing fires.............§§5141-5149.
Pire force and fire regula-
tions......................  §§5276-5287.
Small fires permissible............§5287.
PM-FARDOT Ann PORPSTPR (STATE).......§5276-
6287.
PLUO8.........................§§7106-7109.
"PORPST ACT«
§§5276-5287FOREST COMMISSIOHERS (STATE BOARD OR):
Duties of....................§§5276-5287.
RCREST BAH0EB8:
Ex-offio io game wardens.....$§5325,5326.
ECREST RESERVES:
Runris from.........§§3890-l/2, 9C26-1/2.
FORESTER (STATE RIRR-XAROTSI AND)........§5275-
§ 5287
ROMS EROW ROREST RESERVES.........§§3890-l/2,
9026-1/2.
GAVE EAEDEWS:
Forest Rangers, sx-offioio.........§5325,
§5326.
GEOLOGICAL SURVEY.................§§5396-5402.
GRAVEYARDS:
Injury to trees in...........§§2914,3651.
HARBOR ARRAS:
Leasing for dooming purposes......§6776.
-11HORTICULTURE......................§§3069-3139,
4336.
IIWIAU AILOTTTWTS:
T briber on.......................§8780.
INIUSTRIAL PURSUITS. .............4 §3002,3013,
4335,6553.
IJTSECT PESTS.....................I§3069-3139 ,
4336.
LALOR:
Bureau of..........................§6553.
Commissioner of....................§6553.
LEASES:
Of State lands...............§§6673,6776.
Of Harbor ureas....................§6776.
Of ineral lands..............§§6785,6787.
1 emcvai. oi timber,
under leases..................  §6825.
LEGISLATION, STATE BOARD TO PROMOTE
WIEORMITY OE.. . ............i§69 48-5950.
-12LIENS
Of Mechanics and Materialmen....§§1129
1143
Of Employees.................§§1149-1153.
Upon logs and other	timber........§§1162-
1181,1190a.
Eor Stwtpage.................§§1164,1167.
Of Boom Companies..................§7123.
LOGGING (LOGS AND)................§§2033,2834,
6831,7070-7126.
LOGS A'\T LOGGING
...§§2333,2834,
6831,7070-7126.
IWfflS ft® S’LINGLI! ’TSIGHING..
LTOIB-ffi DISTRICTS.....................
...§§7080-7090,
8676-8631.
.........§7070.
MARKS AND BRANDS
MINERAL laws...,
MORPHOLOGY.....
...§§1101,2594,
2595,2841,7091-
7097,7101-7105.
§§6785,6787.
§4336.1MTX01UL TOKESTS
’Vfids frea........§§2890-1/2, 9026-1/2.
NATURAL RESOURCES................§34 (Art. IX,
State Const.),§§3002, 3013,
5396-5402,6992, 8960.
HOTICRS (POSTED).................§§2656,2665.
OBSTRUCTIW LOGGING-’"AYS...........§§943,3293.
PRE UTS:
for setting 1'ires.................§2522.
PERSONALTY:
S band Inf? t irob er , when
assessed as...................§9095.
OV LWOSB, ATC...............§§2656,2834,
2957,2958.
(See also ’’Boo.tp.” and ’’Boom Companies.*)
-14-RAILROADS:
Spark wjcresters on engines. . . . §2524,
5285.
Weighing lumber, etc. . . . §§7080-7090,	*
8676-3681.’
RAINIER NATIONAL PARK..............§6854-1/2.
RANGERS (EOREST):
Ex-offieio game wardens. .... .§5325,
5326.
REDEMPTION PERIOD:
Use of timber on lands,during. . . §601.
REPEAL OR CERTAIN STATUTES:
Doubt relative to. . . .§§2300,2301,2304
(See also "Explanatory Note" immedi-
ately preceding §2301), §2697.
RESERVES (EOREST):
Minds from............§§3890-1/2,9026-1/2.
RIGHTS QE WAY:
Timber along................§§5689,6832,
6848-6852.
ROADS:
Timber may be taken for.............§5689,
6832,6849.
Logging roads.	§§7106-7109.
-15-
(Vzash)SAWURT, ETC.:
Wot to he oast into certain
streams......................
§5200.
SCALING TIMBER...................§§7071-7079.
SCHOOL OE SCIENCE.....................§4333.
SHADS AND ORNAMENTAL TREES.............§§2659,
5619-5622.
SHINGLE'S (WEIGHING).............§§7080-7090,
8676-8681.
SOUTHWEST WASHINGTON EAIR...............§3013.
SHARK ARRESTERS...................§§2524,5285.
SPUR TRACKS:
To lumber yards....................§8667.
STANDING TIMBER;
When assessed as "Personalty..§9095.
STATE BOARD OR EOREST COMMISSIONERS:
Duties of...................§§5276-5287.
STATE HOARD TO PROMOTE IWIEOFMITY
OE LEGISLATION........§§6S id-6950.
-16
STATE COLLEGE OS' WASHINGTON...........§§4333,
4347,5047.
STATE CRUISERS:
Ex-officio fire wardens...........§5282.
STATE EAIR................................§3002.
STATE EIBE-WAKDEN AND IDRESTER...§§5276-5287.
(See, also, State Land Commissioners.
§§6605,6606,6614,6616, et seq. )
STATE GEOLOGIST..........................§5398.
STATE LAND COMMISSIONERS
(BOARD OR)..................§§6605,6806,
6614,6616, et seq.
STATE LANDS:
Inspection, appraisement, sale, and
use of limber on........§3 (Art. XVI,
State Const.) §§6644,6645,6646,6648,
6661,6667,6669,6670,
6673,6692,6697-6702,
6823-6827.
State College lands, inspection
and sale of timber on.....§§6655,6660.
Trespass on.................§§6823-6827*
STATISTICS.......................§34 (Art. II,
Stace Const.), §§6553,8960.
SURVEYS-BY THE UNITED STATES.....§§6855-6858*
-17TAXATION
•	Standing timber, when assessed
as "Personalty."...............§9095.
Exemption from.....................§9098.
Eorms for listing; showing
"T imber lands. **............§9128.
SBANSPORTATIQW OE TOOL AND LUMBER:
Corporations for. ................§§3677,
7106-7109.
7110-7126.
TREES;
Corner trees.......................§2953.
Ornamental and shade.........§§2914,3651
7621,7685, 7731.’
TRESPASS, TWER:
On lands of another..........§§939,	940.
2659,2665,2826-
2830,2954.
On public lands..............§§6823-6827.
Within o emeteries...........§§2914,3651.
On corner trees....................§2953
« ...............................................
UNIFORMITY OE LEGISLATION, STATE
BOARD TO PROMOTE............§§6948-6950.IP’TTXfc rTATTf aTOWGXCM, rVHVT'V:
Cvot-exalUn »tfch £tate Bourd of
0#clog icaX furv©y...,........C $ 4CX,
iniVT^rXTY of wirnm
tuaW « Of,.**........ . . ,....., . „
«w*w «»»ww
WATOFtfft {IFXrah
•‘ -U t h« Ctt.	SX?6~$£3*L
W/*?F or TJWFH:
J)ux in - f: r ed or * 1 on $s or U« u	e e x .
(TXJMBXjR, mWF, FTC. )* ,, ., ,§?CaC*
?090t xo?f>aeaxMemo
It may be well to include
Sec. 34 (Art. II. of the State
Constitution), since the Commis-
sioner of Statistics is required,
by the provisions of Sec. 8960,
to report upon the '’Natural He-
sources’* of the Statej which in-
clude forests.
CONSTITUTION OP TOT STATE OP WASHINGTON.
Article II.
LEGISLATIVE DEPARTMENT.
§ 34, Bureau of Statistics?
Agriculture and Immigration. — There shall
be established in the office of the secre-
tary of state a bureau of statistics, agri-
culture, and immigration, under such regu-
lations as the legislature may provide.
aSee Section 8960, p.	hereof.
(Wash)
-20-CONSTITUTION 0? THE STATE OE WASHINGTON
Article XVI.
SCHOOL AND GRANTED LANDS.
§ - * Limitations	Sales. Jo more
than one-fourth of the land granted to the
state for educational purposes shall be sold
prior to January first, eighteen hundred and
ninety-five, and not more than one-half
prior to January first, nineteen hundred and
five: Provided, That nothing herein shall
be so construed as to prevent the state from
selling the timber or stone off of any of
the state lands in such manner and on such
terms as may be prescribed by law: and pro-
vided aurther, xhat no sale of timber lands
shall be valid unless the full value of such
lands is paid or secured to the state.
(Wash)
-21§ 6ul. [Sale ox Property under Bbfceoution and
Bedemption.l restraining Waste During Bademp-
tion Per lode
Until the expiration of the time allowed
for redemption the court may restrain the com-
mission of waste on the property. But it is
not waste for the person in possession of the
property at the time of the sale or entitled to
possession afterwards during the period allowed
for redemption to continue tto use it in the same
manner in which it was previously used, or to
use it in the ordinary course of husbandry, or
to make the necessary repairs of buildings there-
on, or to use wood or timber on the property
therefor, or for the repairs of fences, or for
fuel in his family while he occupies the property.
[L. *99, p. 93, $14,]
Fash)
23
§ 939^	(5656.) Trespass for Cutting Trees,
X~;«aas3SSSK3BSaE5dScaxaKSSffifcas3SSsI4sS.'S,-,S- XSX3K3J ’
•henever any person shall cut down,
girdle, or otherwise injure or carry off
any tree, timber, or shrub on the land of
another person, or on the street or high*
way in fron of any person’s house, village,
town, or city lot, or cultivated ground, or
on the cowon or public grounds of any
village, town, or city, or on the street or
highway in front thereof, without la ful
authority, in any action by such person,
village, town or city, against the person
committing the trespass, or any of them,
if judgment be given for the plaintiff, it
shall be given for treble the amount of
damages claimed or assessed therefor, as the
case may be. [l. *69, p. 143, §556; Cd. *81,
§602;	2. H.C., §661.3
fee infra? §2822, 2823, offense of
trespass on Inclosed and uninclosed lands.
(Wash)
- 24Ǥ 940. (5657.) Casual or Involuntary Trespass.
Damages.

If upon trial of suoh notion it shall
appear that the trespass was casual or in-
voluntary, or that the defendant had probable
cause to believe that the land on which such
trespass was committed was his own, or that
of the person in whoso service or by whose
direction the act was done, of that such tree
or timber was taken from uninclosed woodlands,
for the purpose of repairing any public high-
way or bridge upon the land, or adjoining it,
judgment shall only be given for single damages.
[1. '69, p. 143, §957; Cd. '31, §603; 2H.C. ,
§662.]
(Wash)
-25C 943, (5660, 'i Actionable Nuisances,
Defined,
»-< 4o,«»c4jkA^r■»-<>> nnnmafcita
The obstruction of any highway, or
the closing of the channel of any stream
used for boating or rafting logs, lumber,
or timber, * * * is a nuisance, and
the subject of an action for damages and
other and further relief. [Cf, L, ’54, p,
207, §405; L. ’59, p, 144, §559; Cd. ’81,
§605;	2 H. C. , §664.]
Mote,^Sections 944, 945 amd 946 con-
tain provisions respecting the matters of
"Who Maintain Action,’’ and "Warrant for
Abatement of Nuisance," and "Stay of Warrant "
in such cases,	’
(W?sh)Title VIII. - Chapter III.
LCTS 01? MECHANICS .AND MA.TBRIADTO.
[The matter of liens of Mater ialmen
and others is covered by the provisions of
this chapter, embracing Sections 1129-1148.
See Rem. and Bal. Code.]
(Wash-I
Title VIII, - Chapter IV.
LOTS GT F3MTO.
I 114'% (50l9#) Laborer’s Lien on Property,
Tfr&nQhises , eto♦
Every person performing labor for any * *
* *	suwm ill, dumb er	or	t imb er o ompany, shal1
have	u prior lien on	the	franohise, earn ings,
and	on all the real	and	personal property of
said	per s on, company	or	c or p or at ion s, wh ioh
is used in the operation of its business, to
the extent of the moneys due him from such
person, company or corporation, operating said
franchise or business, for labor performed
within six months next preceding the filing
of his claim. therefor, is hereinafter provided
and no mortgage, deed of t?ust or conveyance
B	shall defeat or take precedence over said
lien. [L.	»97, p. 55,
(Wash)
-28-I
1150.	(5920.)	Notice oT Lien.
1151.	(5921.)	Service of Notice.
1152.	(5922. )	Ior ©closure of Lien
1153.	(5923.) :	How Claims are to he
Paid Toy receiver or Assignee,
k —
LPor the text of these four Sections
and references thereto, see Ben*, and Bal.
Code.]
I
(Was a)
-29-Title VIII. - Chapter VII.
LIENS UPON LOGS AND OTHER TIMBER.
§ 1162.	(5930.*) Wo may Have Liens.
Every person performing labor upon,
or who shall assist in obtaining or securing
saw-logs, spars, piles, cordwood, shingle
bolts, or other timber, and the owner or
owners of any tugboat, or towboat, which
shall tow or assist in towing, from one place
to another within this state, and saw-logs,
spars, piles, ccrdwoed, shingle bolts, or
other timber, and the owner or owners of any
team or any logging engine, which shall haul
or assist in hauling from one place to another
within this state, ar.y saw-logs, spars, piles,
cord wood, shingle bolts, or other titer, and
the owner or owners of any logging or other
raAlroaw over which saw-logs, spars, piles,
(Wash)
50'oordwood, shingle bcite, or other timber
amii be transported nru delivered, shall
have a lien upon the e&m for the work or
Xubor done upon, or In obtaining or swuring,
or for services rendered in towing, trans-
porting, hauling, or driving, Uo partiouXar
saw-Xoga, spara, oordweod, sshingle bolts,
or other timber in said el&im or ikn d^s*
©oribed, whether suoh work, labor or am^ioes
W'i.0 (tone, rendered or per formed at tie instance
of ib owner of the »w or hint agent* The
OOok in a logging « unp $hall be regarded m
a person who assists in obtaining or aoour-
[f. M?
P* X'-1 "|X»	♦ « *•••'•» P« o-H-, 5 tj Ta#
<• XI 7; 5.3|, U ’79, p. Iff, |£$ Cd. MX,
1	>1671:	p. 428, §1*
M Mb, <„ 17b, UJ
•boo irt.fra, ^1110a, this? Chapter n> ^lio.fbXe
to Xions on farm <relucts.
-il~
(Wsh)5 1163.	(5951.) Lien on Lumber-Lumber
Defined.
Every person performing work or
'! ab cr or assisting in manufactaring saw-
logs and other timber into lumber and
shingles, has a lien upon such lumber while
the same remains at the mill where it was
manufactured, or in the possession or under
the control of the manufacturer, whether
such work or labor was done at the instance
of the owner of such logs or his agent or
any contr^c tor or subcontractor of such
owner. The term lumber, as used in this
chapter, shall be held and be construed
to mean all logs or other timber sawed or
split for use, including beams, Joists,
planks, boards, shingles, laths staves,
(Wash)
32-hoops, -mu awy anUio of
nature/ or deser lotion ’^mu f&<jtur<>d from
r« [ex. ’??,
;• :• n, \<i Od. ’ U, USM2| x H.c. , W-|
♦ •u,;>	j^# y, ~„ »UM, ;e 4i-a,	,;J

Any person who shall permit another
to go upon his timber land and out there-
on saw-logs, spars, piles or othet timber,
has a lien upon the same for the price
agreed to be paid for such privilege, or
for the price such privilege would be rea-
sonably worth in case there was no express
agreement fixing the prioe.
p. 217, §5; Cd. '81, §1943;
I. '93, p. 429, §3.]
[Cf. L. '77,
1 H,Ca j §168X$

(Wash)
34-
§ 1165.	(5933.) Preferred. Liens.
The liens provided for in this chapter
are preferred liens and are prior to any other
liens, and no sale or transfer of any saw-
logs, spars, piles or other timber or manu-
factured lumber or shingles shall divest the
lien thereon as herein provided, and as between
>	liens provided for in this chapter those for
work and labor shall be preferred: Provided,
that as between liens for work and labor claimed
by several laborers on the same logs or lot of
logs the olaha or claims for work or labor done
or performed on the identical logs proceeded
against to the extent that said logs can be
identified, shall be preferred as against the
general claim of lien for work and labor recog
nixed and provided for in this chapter. fof.
L. >77, p. 217, §6; Cd. >81, §1944;	1 H.C. ,
§1682; L. >93, p. 429, §4.]
(Wash)
35-
$ —Ito. (3»34,j ..MaUtatlon of mine; Lien
for LabQ£.
>
The person rendering the service of [or]
doing the work or labor named in sections 1162
and 1163 of this chapter is only entitled to
the liens as provided herein for services, work
or labor fvr the period of eight calendar
months, or any part thereof next preceding the
filing of the claim, as provided in section
1169 of this chapter. [Of. L. *7?, p. £17, §?;
ea. <81, §1945;	1 H.C., §1633; L. <93, p. 429,
§5.]
"section 1169“ substituted for “section 8"
of the act of 1893, while “section 7M r£l!68
infra] was evidently intended.	L ’
»
(Wash)
-36§ 1167.	(5955,)
for Ltumiage*
Limitation of Tiling Lien
The person granting the privilege mentioned
in seotion 1164 of this chapter is only enti-
tled to the lien as provided therein for savv-
logs, spars, piles and other tiirfber out during
the eight months next preceding the filing of
the claim, as herein provided in the next suc-
ceeding seotion of this chapter. [Cf. L. ‘77f
p. 217, §3; Ci. '31, §1946;	1 H.C. , §1684;
L. '93, p. 429, §6.]
(Wash)
-375 1168.	(5936.) Piling of Clafrn for

Leber > etc.
I
§ 1169,	(5937.) Filing of Claim lor
Sttopage.
§	or cling Claim.
[Kor the test of these three Sections
and references thereto, see Rem and Bal.
Code.]
(Wash)
38-
H# Xien i-xevW»j4 for in thi» ehu? ter
binds?; -my $&w**Xog$t sperMy piles or other
timber, or busbar and shingles* .for a long*
<r period than eight oaXendnr mirths after
the eXai® as herein provided has b«mn filed,
unless a civil antion eomeneed in a
i r o t ear ci our t,	1 th in that t li&e, t o e n for n %
the ©ame: ’bcovided, however, that in
•mieh $ivil action &o oowianeed should fer
my aause other than the mrU», be twnsuiUd
or dismissed, Uien the XUm shall acntinus
for the tespni of one enlendar mntte, it the
said sight iwnths hav<a expired, tc permit the
ijom^fto^nt of another action thereon, shinh
shall be as effective in prolonging the lien
a® if it had been entered during the tens
(Wa®h)of eight months hereinbefore stated.
CCf. b. '77 p. i.18, §!£.; i. '79, p, 100,
55; Cd. '31, §1950;	1 H.C. , §1688; L. '93
1. 431, JlCj
(Wash)
-40-? A?-7...L"94P..» 1 >7u	11	c n edur e,
*	1173,	($941,*) Sheriff as Receiver,
*	s^^: ,sz ^S^-^^^SS^^mtSSS^:S!!^S!SSSSX^3S^»&'"-'SZ^-££S^3SS^JSS!!iZiS£iSSiSS^S22^Z
I
§ 1174,	(5942,) Answer of Defendants
SsKK^S*
(Bor the text of these three Sections,
and references thereto, see Rem, and Rai,
Code,]
(Wash)
41I
§ 13.^5*	(5943«) Enforcement of Lien Against
Wide or Par t.
jB8En>SSSSr«a>a». - uk. wi-Mfuo-. TSBB•
Any person who shall bring a civil action
to enforce the lion herein provided for, or any
person having a lion as herein provided for,
who shall be made a party to any civil notion*
F
has the right bo demand that such lien be
enforced against the whole or any part of the
savc-lcgs, spars, piles or other timber or manu-
factured lumber or shingles upon which he has
performed labor or which he has assisted in
securing or obtaining, or which he has cut on
his timber land during the eight months next
preceding the filing of his lien, for all his
labor upon or for all his assistance in obtain
ing or securing said logs , spars, piles or
other timber, or in manufacturing said lumber
or shingles during the vhole or any part of the
-42'eiglit months mentioned in section 1168, or
for timber out during the whole or any part
of the eight months above mentioned. And
where proceedings are commenced against any
lot of saw-logs, spars, piles or other timber
or lumber or shingles as herein provided, and
some of the lienors claim liens against the
specific logs, sp?ws, piles or other timber
or lumber or shingles proceeded against, and
others against the same generally, to secure
their claim for work and labor, the priority
of the liens shall be determined as herein-
before provided, [Cf. t,. »77> p. 218> §14.
Cd. *81, §1952;
§ 14.]
1 H.C;, §1690;
I*. *93, p. 432,
See note to §1172 supra.
’’Section 1168» substituted for’’section 7"
of the act of 1393, while “tection^” [$13 66
supra] war evidently Intended.	*
(Wash)
-43-I 1175.	(5914.) Errora not to Tnya.ll-
date Lien. <hen,
[Por the text of this Section, and
references thereto, see Pern. and Bal.
Code J
(W^s i)
•44“I
§ 117 7. , (45.)	InnooentJ^jrdn?ar ty. Wxo is«
It shall he conclusively presumed by the
court that a party purchasing the property liened
upon within thirty days given herein to claimants
wherein to file their liens, is not an innocent
third party, nor that he has 'become a bona .fide
owner of the property liened upon, unless it
|	shall appear that he has paid full value for the
said property, and has seen that the purchase
money of uhe said property has been applied to
the payment of such "bona fide claims as are en-
titled to liens upon the said property under
the provisions of this chapter, .according to the
priorities herein established. [l.	’93, p, 433,
§16.]
I
•• 45 —»
I 1178,	(5946,*) Joinder-
Cos.tg,,
§ 1179,	(5947, ) Jud&acnt» 3£n~
foromnent of.
I
§ 1180.	15948,) .Sale as Personalty,
[for the text of these three
sections, and references thereto, see
Heia. ana Bal, Code,J
I
(Wash)
46>
§ 1181«	(5949») Damages for Mo lining or
* - —■»"»*	WJW » r»^-. >**«,*- ^««r. ■*£*•*>
Itemov in& larks, Q^£*o ov er able V/hen.
Any person who shall eloign, injure or
destroy, or who shall render difficult, un-
certain or impossible of identification any
saw-logs, spars, piles, shingles or other
timber upon which there is a lien as herein
provided, without the express consent of the
person entitled to such lien shall he liable
to the lienholder for the damages to the amount
secured by his lien, and it being shown to
the court in the civil action to enforce said
lien, it shall be the duty of the court to enter
a personal judgment for the amount in such ac-
tion against the said person, provided he be
a party to such action, or the damages .may be
recovered by a civil action against such person.
[Of. L. '77, p. 219, §18; Cd. '81, §1950;	1
H. C. , §1694; L. '93, p. 434, §20.]
(TFaeh)
47§ 1190a.	(5984.) Provisions Extended to
SLSsacatES -=Afc» =■'^BSEaKSsaasasss:.--.s.- t aasaasaasaa'ig-gg-^g;
ffarm Laborers.
,\
All rights secured to the holders of
iiens upon logs, under the provisions of
achapter VII, shall inure to the benefit
of those holding liens under the provisions
of this chapter, and the said lienholders
hereunder, shall have the same right to
have their liens recorded, the same right
of foreclosure, of joinder of parties, of
judgment over against the person primarily
liable, and against any person who shall
injure or impair their lien or any of their
rights, as above secured to the holders
of liens upon logs under said chapter Vii.
[Cd. '81, §1978.3
"This chapter” in the Code of 1881
included chapters IX, XIXI and XIV of
this Title; but this section relates
only to chapter IX.
aP. $£) hereof.
(Wash)
-48-V&" o
feck ions i 3d |
t,c b<»
c. nvern«n6FTT those
3t.11 ,nd 13C-4, with the nctes thereto, re
"he ure merely placed here temper jt iiy, &»
►L*ltia’ the Ci'fs& ii<^ t •» on.
iss loner’s nt to tc fec-
doubt	ln	to‘
11 on T3? i as to Xhc x 01 &£j» *- • certain • tatutes, and, is©, the
• ■ ;rent inoons istenoy between feet lone	end &.3il, pointed
ou t ty khe	T^usnmI ©■» i oner , are doubtless matters -fthich r.
?.	\ houglas, Secretary of the Washington ftate Commission on
'■•’rest legislation wishes to have brought to his attention.
r v
n Explanatory Note.
(in regard to certain following sections)
The note which follows Feet ion 2304 in
the Hem. and Hal. Code shows that a doubt
exists as to the effect of the schedule in
that section shoving acts repealed; and since
that section with the note thereto, and also
)	Sections 2300 and 2301 and the notes thereto*
are frequently referred to in reference notes
to certain other sections, containing provi-
sions in regard to timber, it has been thought
well to place in this compilation, temporarily,
copies of said sections and notes, as a matter
of ready reference, for the use of those exam-
ining the compilation. Said sections and notes
thereto are not to be printed.
)	£C
See, also, in the Preface, the Code Com-
missioners explanation in regard to the Acts
plaoed in the Appendix.
- 49-
(wash)§ ^SOC^^^^b^CohStrUe^a^Conti^^t^n^Of^
fformer Acts.
The provisions of this act, in so far as
they are substantially the same as existing
statutes, shall be construed as continuations
thereof and not as new enactments. [ L. *09,
p< 902, §48.]
See next section, apparently inconsistent
with this section.
§ 2301," Act as Measure of Law.
Ko statute, law or rule is con, ihued in
force because it is consistent with the provisions
of this act on the same subject; but in all oases
provided for by this act, all statutes, laws and
rules heretofore in force in this state, whether
consistent or not wf i the provisions of this
act, unless expressly continued in force by it,
See Explanatory Note on preceding page hereof
-50-•09, p. 902,
are repealed and abrogated, [L,
§49 .J
See aupra, §2300, consistent statutes con-
strued as continuations of earlier acts.
See infra. §2304, all acts or parts of
acts inconsistent herewith, repealed.
Much that is "provided for by this act
on the saxe subject * was already covered by
special regislution of a purely regulative
nature enforced by and imposing fines and
penalties for misdemeanors or offenses cre-
mated. In view of the restricted title of
this act, and of the inconsistency between
this and other sections, it seems that a
reasonable construction of this section would
limit its application strictly to the provis-
ions embraced in the old Penal Code. Accord-
ingly, all special legislation imposing regu-
lative fines and penalties for misdemeanors
or offenses created are retained as concurrent
or additional remedies not included within the
title of this act.
There are a number of sections of the old
Penal Code not "Provided for by this act on
the same subject" and not inconsistent with
any provisions of this act, the repeal of
which, accordingly, depends entirely upon the
schedule of repealed acts in §2304, infra. In
view of the fact that these sections are not
mentioned in the title and that many other
sections of the old Penal Code are not men-
tioned, repealed, or affected, these sections
may be still in force. Proa a cuxsofy inepee-
tion, it would seen that the following sections
(Wash)
51repealed by the schedule in 5^301 might not
be "provided for by thiss act on the same sub*
jeet," or ineenais&ent with any provisions of
thi*? aet, vi&.:
w? cr acts no? wm fcf ok mr FWW:
[Mon© ©	. is named in the
teueh upon subject® covered by thia Compila-
tion, ]
****<**»« #•*««.
fee, also, |§ *	•	*	W5-WB30,	*	*
smt .	, >	•
-	...£S&U&xyfiii»
Mi actfe or parts of acts enumerated in
the following eeheduie, and all acts, and parts
of acts in conflict with the provisions hereof
are hereby repealed.
1 fee Explanatory Note on p-ape preceding,
feet ion 13OC hereof,
a eh)
*51*$©&adul© of /©te Be^e&led.
Ballinger’• Annotated Codes and Statutes
ef Wshingtun, sections 3435, 3486, 37661 4072,
4376, 6724, 6727 to 6736, inclusive; 6773 to
6776 inclusive; 6S66, ©90S, 010 to 6916, in*
ciu^iv^j ei:. 5 to ©917, inclusive; 6345; 7055
to 7071, inclusive; 7073 to 7033, inclusive;
7034 to 7101, inclusive; 7103 to 7116, inclu-
sive; 7113 to ?i;e, inclusive; 7.128 to 7132,
inclusive; 7136 to 7142, inclusive; 7144, 7145,
7146a,7147, 7164, 7156, 7166, 7160, 7166 to
7166, inclusive; 7175, 7176, 7135 to 7231, in*
elusive; 7233 to 7256, inclusive; 7269, 7260,
7261, 7264, 7166, 7266, 7263, 7269, 7175 to
7186, inclusive; 723 , 7293 to 7226, inclusive;
7; t, 7301, IndiuuM; 7M0t, 7:}f 6 , 7610 U
7317, inclusive; 7322, 7323, 7314, 7334 to
7343, inclusive; ?<Ci, 7405, 7135 to 7440, in-
due iVa;
Osn»s$ ©f ‘v^e.ningt«n, 1901, chapter© 17, 25,
34, 10, 69, 145, 154;
53of ^ishington, 1903, chapter* 5, 13,
14, 45, 51, 62, 55, 56, 112, 123, 113, 131,
section 1;
of ^asiington, 1105, chapters 24, 33,
42, 49, 77, 93, 153, 179;
Laws of Washington, 1907, chapters 35, 3v,
103, 123, 146, 155, 169, 170. [L. *09 p. 906,
$52.]
This title embrace© chapter 149, laws of
1909, commonly called the “Penal Cede of 1909.”
-Although it is not a complete penal code, it
embraces mote than a were definition of ’’Crimes
and $u&lshmeito.“ The title of the act is:
*^n act relating to crimes and punishments, and
the rights and custody of persons accused or
convicted of or i. e, and repealing certain acts.”
In view of the general nature of the title
of this act, a doubt exists as to the effect
of this schedule of acts repealed. Accordingly,
in so far as the repealed acts seem not to con-
flict with other provisions of this act, or not
clearly embraced in the title of this act, they
are di retained. rue former conflicting laws
defining crimes and punishment are retained in
the ,appendix r} rais schedule of acts repealed
will, therefore, be found herein, in the order
named in this section, Mid the following sec-
tions of this compilation: 2983, 3200, 3201,
5561, 9317, 1967, 1970 to 1979 inclusive: 2722
to 2725, inclusive; 2078, 2117, 2119 to 2125,
tp&
tee p. • hereof, also Preface.
ash)	/
-54->
2119 to 2135, inclusive; 2131 to 2133, in-
elusive; 2157, 2726 to 2762, inclusive; 276
to 2779, inclusive; 2784 to 2791, inclusive
2792 to 2806, inclusive;
2816 to 2820, inclusive;
2828,	2830, 2831, 2832,
2843 to 2845, inclusive;
2894, inclusive; 2896 to
2924, 2925. 2926
to 2947, inclusive; 2948, 2949 to
sive; 2933 to 2956, inclusive; 2957, 2958, 2960
to 2967, inclusive; 2969, 2970, 2971, 2972 to
2981, inclusive; 2982 to 2989, inclusive; 2888,
2840, 2793, 2841, 2740, 2829, 2990, 2792, 2801,
2842; 2780 to 2783, inelusive; 2931
2807 t o' 2815, i. no lus i ve ;
2821 to 2827, inclusive;
2833, 2834, 2835, 2836,
2846 , 2847 , 2851 to
inclusive; 2923,
5922
2927, 2928, 2929
2930, 2936
2952. tnclu-
2970, 2837, 2838, 2839, 2902. 2903
2191, 2192, 2757, 3672,
2932, 2917
2935, 3896
3897, 5933
2850,
6570
8548 to 8554, inclusive
298 §
2729, 2848,
2959, 2991,
6571, 2968, 2193;
2155.
2799
This list includes all of the schedule
except chapter 179, Laws of 1905, which was held
void in Leonard v. Bass indale, 46 Wash. 301.
A number of the above sections ought to he
repealed are part of the Criminal Code of Pro-
cedure, Title XxXl; and many other sections of
that title are embraced within, impliedly
pealed by, or inconsistent with, various sections
of this act. Title XCXI is, however, retained
in its entirety, because of the doubt as to whether
the general clause in the title of this act,
"rights and custody of persons accused or con-
victed of crime,” is sufficient to authorise
55’>
amendments or implied repeals of the Criminal
Code of Procedure; especially as to this act does
not purport to cover procedure, or to he a coxae
plete act on the "rights and custody** of accused
persons.
The above schedule of repealed acts does
not include all of the old Penal Code nor all
the later penal enactments: See note to §2397.
infra.
The above schedule of repealed acts
braces a number of sections of the old Penal
Code which are not covered by, nor in conflict
or inconsistent with, any of the provisions of
i his act: See note to §2301, sgpra, for acts
not "provided for by this act on the same
subject."
>
(Wash)
56'Jvsry person ww, within a country where
there is a deputy fire warden, shall turn any
wood or brush between the 1st day of June and
the 1st day of October in each year, without
first obtaining a permit thereto from such
deputy lire warden, or ^ho, in setting, guard-
ing or extinguishing any fire in such wood or
brush, shall willfully or negligently fail to
observe any precaution		prescribed by	such
deputy fire warden,	snail	be guilty of	a mis*
d e me an or : Pi ov id e d,	that	nothing herein	con-
turned shall prevent	any	person fror. burning	
any legs, stumps, drift or brush heaps in small
quantities isolated from other inflammable ma-
terial under personal supervision and suoh
(Wash)
57-»
other at. fe guard as shall prevent such fixes
from spreading. [l». ’09, p. 974,	§270j
See infra, §§5283
in closed season.
See	infra,	§5144
prair ie	fir e.	
See	infra,	§5286
ex r ester	♦	
See	infra,	§5146
ice.		
See	infra,	§5145
or fishing.		
See	infra,	$514?
produce.
5284, forest fires
maliciously setting
engined wihout spark
kindling without ni&l-
kindling while hunting
setting to lumber and
>
*5S
(Wash)§	2523* Negligent Pires,
Shrery person who shall willfully or
negligently set, or fail to oar ©fully guard
or extinguish any fire, whether on his own
land or the land of another, whereby the
timber or property of another shall be en-
dangered, or who shall fail to respond to any
lawful summons to aid in guarding or extinguish-
ing any fire, shall be guilty of a misdemeanor«
[I,	'09, p. 974, 5271.]
Cofijai* .inn. Code, 54997; W.X.P.C., §413.
fee, also, §§5144, 5145, 5284, infra.
fee infra, §6074, ne^ligenoe of fire marshalI
I
§ 2524«, Operating Danggpous gngine»
Pverj’ person who snail operate or permit
to he operated in dangerous proxi;: ita to any
brush, grass or other inflammable material,
any engine or boiler which, is not e^uipx„ed with
a odern spark-arrester, in good condition,
□hall to ;d. .t of a misdemeanor. [L. *09,
lor former laws, see infra, §5285.
(Wash)
-60-§ 2594, _ Removing Lawful Brands
Every person who shall willfully deface,
obliterate, remove or alter any mark or brand
placed by or with the authority of the owner
thereof on any shingle bolt, log or stick of
timber, * * * shall be punished by im-
prisonment in the state penitentiary for not
more than five years, or by imprisonment in
the county jail for not wore than one year, or
by a fine of not more than one thousand dol-
lars, or by both fine and imprisonment, [l. *09
p. 994, §342.)
Compare Jinn. Code, §5065.
Pvery person who, in any county, shall
place upon any property, any brand or mark in
the likeness or similitude of another brandcr mark filed with the county auditor of suoh
county by the owner thereof as a brand or mark
for the designation or identification of a like
kina of property, shall—
(1.) If acne with intent to confuse or
commingle such property with, or to appropriate
to his own use, the property of such other own-
er, be guilty of a felony, and be punished by
imprisonment in the state penitentiary for
not more than five years, or by imprisonment
in the county jail for nob wore than one year,
or by a fine of not wore than one thousand
dollars, cr by both fine and imprisonment.
(2.) If done without such intent, shall
be guilty of a misdemeanor. [L, ’09, p. 995,
§343.]
sh)
62-Kmo*
Since the State of Washington
contains National forests, it way
he well to include subdivisions 15
and 16, relating to the removal of
posted notices#

I
§ 2®$®* .Injuring Public Utilities,
>wpwg>"iimiiiii; M>iwiw«roiwwwnoiiaawM—wwlwwm —in «I»H 'i
BVery person who shall willfully or
maliciously remove, damage or destroy:
***** *******
(4.) A tree, rock, post or other monument
erected or marked for the purpose of desig-
nating a point on the boundary of the state,
of a country, city, town or a farm, tract or
lot of land, or any mark or inscription there-
on; or,
************
(15,) A sign or notice erected or posted
by any officer under lawful authority, or by
the owner or occupant of the premises where
posted; or,
(Wash)
-63->
(16.) A legal notice or other legal paper
posteu in compliance with the requirements of
any statute of this state, or under the di-
rection or order of a court; and,
Every person—
(17.)	Wo shall moor any vessel, scow, barge,		
raft	or boom to	any	bridge or to any buoy or
beacon	lawfully	in	any waters within this
state;	or,		
»	* * * *	«	****#*»♦
Snail be guilty			\ of a misdemeanor. Qb. *09
p. 1016, §404.]
Compare Unn. Code, §5130; tf.Y.P.C., §639.
See infra, §^6624-6827, injury to public
lands.
1'or former laws, see infra;
§2333, willful injury to bridges, etc.
§2914, willful injury to cemetery.
§2953. willful injury to guideboards,
monuments, etc.	’
§2954, willful injury to public property.
§2957, mooring vessel or boom of logs to
br idges.
§2956, mooring vessel to buoys or beacons.
(Tasn)
-64->
§ £658. Interfering zvith M, Pe3ervoirt etc.
ifvery person who shall willfully or
maliciously displace, remove, injure or de-
stroy any pier, boom, or da® lawfully erected
or maintained upon, in or aoross any water in
this state, or any dam or reservoir lawfully
maintained for impounding water; or hoist any
gate in or about such dam or reservoir, shall
he guilty of a gross misdemeanor. [L. *09, p.
1018, § 4C6j
Compare Uinn, Code, $5131.
For former laws, see §§♦ * * 2840.
I
(Wash)
-65-§ 2659, Injury to property,
Every person who sxiall willfully—
(1.) Cut down, destroy or injure any wood,
timber, grain, grass or crop, standing or
growing, or which has been cut down and is
lying upon the lands of another, or of the
state; or,
(2.) Cut down, girdle or otherwise injure
a fruit, shade or ornamental tree standing
on the land of another or of the state, or
in any road or street; or,
(3.) Pig, take or carry away v/ithout lawful
authority or consent, from any lot or land in
any city, or town, or from any lands induced
within the limits of a street or avenue in
such city or town, any earth, soil or stone;
or,
Wash)
66-(4«) Writer without the consent of the
owner or occupant, any orchard, garden or
vineyard, with intent to take, injure or
destroy anything there grown or growing;
or,
(5.) Cut down, destroy or in any way injure
any shrub, tree, vine or garften produce
grown or growing within any such orchard,
garden or vineyard, or any framework or erec-
tion therein; or,
(13.) Injure, destroy or tamper with any
rope, line, cable or chain with which any
vessel, * * "boom, * * * shall be anchored or
mo ur ed, *	*	* cr ,
(14.) Place upon or affix to any real
property or any *	*	* tree, *	*	*	*	•
ash)
67thereupon, without the consent of thhe owner
thereof, any word, character or device designed
to advertise any article, business, profession,
exhibition, matter or event; or,
«*««***# «««*
Shall be guilty of a misdemeanor. jl«. *09,
p. 1019, §407J
Compare inn. Cede, §5133: XY.P.C. , §640.
former laws, see infra, §§2826-2828, 2330,
2843. Other property, see §2842.
* » * # *
See infra, §6622, injury to trees in high-
way.
See infra, §§6824-£ -j27, injury to public
lands.
(Wash.)
-68-Section 2665 - Doubtful.
It may be $©11 to include Sec-
tion 2665, since it applies in
case© of disregard of warning no-
tices |osted on National forests
in the State of Washington.
§ £66ft» Trespass upon Land of Another.
Warning*
Brery	person	wno snail
land of another		with intent
annoy the	owner	or occupant
to com dt	any unlawful act, or	
fully go	or remain upon any	
go upon the
to vex or
thereof, or
shall will-
land after
having been warned by the owner
thereof not to trespass thereon, shall
he guilty of a misdemeanor•
or occupant
Every owner or other occupant of any
land shall be deemed to have given a suf-
ficient warning against trespassing, within
the meaning cf this section, who shall post
in a conspicuous manner on each side thereof,
upon or near the boundary, at intervals of
not wore than seven hundred feet, si^ns leg-
ibly printed cr painted in the English lan-
guage, warning persons not to trespass.
{Wash)
-6<?An entryman on land under the laws
of the United States shall he deemed an
owner within the meaning o ‘ this section.
[L.	‘09, p. 1021, §413.J
£or former laws, see infra, §§2822-2825.
See infra, §§6824-6827, trespass on
state lands.
(Wash)'Memo
This note to Section 2697 is
not to he printed*
It fs merely placed here tern
porarily, for the information of
those examining tnis compilation
»»****«»
At- id
A *) fnfi ‘1
i r- V. -	.	, i
Ac fd
'U /	A . i 4
All of the existing provisions of
the old Criminal Code relating to crimes
and punishments, as well as the 1-'ter
penal enactments, which Aire not ex*
pressly repealed toy	3.9091 are
retained in this compilation; tout this
chapter embraces only part of such en€
actnents, most of which are placed under
soecififc subjects. See the following
sections: 3257; 5144 to 5149, inclusive;
3289, 3265, 3123, 3340, 5232, 6284, 6285,
5315, 5318, 5317, 6566, 8293, 8294, 8385;
5342 to 5344, inclusive; 5354, 5353, 5352,
5356, 5358, 5357, 5372, 5358-1/2, 5326,
5355; 5336 to 5338, inclusive; 5380 to 5383
inclusive; 6208, 5195; 5197 to 5207, inclus-
ive; 5188, 5189, 8717; 3284 to 3288, inclus-
ive; 4958 to 4971, inclusive.
(Wash)
71-iuemo
Pee the explanation of this Ap-
pendix wsade the Code Cow is si oner
in his Preface (included in this com-
pilation.)
See, also, Sections 2300, 2301
and 2304 and the Code Commissioner 1 s
notes thereto. (Pp>; -^hereof.)
APPPUBIJ
oyrorsjs A1W POT1SBOTTS XJWRP WFP XAWF
(governing offenses o omitted prior to
♦Tune 9, 1909*)
«w mibM
«•*£«
4 r.Willfully Bemoving Trees,
etc« t from An other 1 s Land,
If any person shall willfully cut down,
Append ix.
destroy, or injure any standing or growing
trees upon the lands of another, or shall will-
fully take or rewove from any suoh lands
any timber or wood previously sut or severed
from the same, *	*	* such person, upon
conviction thereof, shall be punished by im-
prisonment in the county Jail not less than one
month nor more than one year , or by fine not
less than fifty nor more than one thousand do!
lars. [1.	'90, j>. 126, §5; 2H.P.C,, §74.]
As to repeal of this section, see
(2304, and note. Present law, see §2659,
supra, partly covers this section. See
note to §2701.
f^asn4appendix.
§ £327*	(7141.) Willfully Taking ^cuit,
etc,, fro;r. Another *s Land.
If any person shall willfully enter
upon the garden, orchard, cr other improved
land of another, or in his possession, with
intent to cut, take, carry away, destroy,
or injure the trees, grain, grass, hay,
fruit or vegetable products there growing
and being, such person, upon conviction
thereof, shall he punished by imprisonment
in the county jail not less than one nor
more than six months, or by fine not less
than five nor more than fifty dollars.
'90, p. 125, §3; 2 H.P.C. , §75. 1
As to repeal of this section, see
52304, and note. Present law, see §2659,
supra, partly covers this section. See
note to §2301.
74-Ap j end ix.
§ 2828,	(7141,) Injuring Trees______or
Streets or Highways.
Svery person who sixsll out down, girdle,
destroy, or injure any tree, timber, or
shrub on the street or highway in front of
any person’s house, village, town, or city
lot, or on the commons or public grounds
of any village, town, or city, or on the
street or highway in front thereof, without
lawful authority, shall be guilty of a mis-
demeanor, and upon conviction thereof snail
be punished by a fine of not nore than
fifty dollars, or by imprisonment in the
county jail not more than twenty days, or
by both such fine and imprisonments. [$•
'91, p. 122, *11;	2H.P.C. , §77.]
As to repeal of this section, see
§2304, and note. Present law, see §2659,
supra, partly covers this section. See
note to §2d0l.
-75-§	Injuring Trees and Shrubs in
	Putlie Places.
Appendix.	Whoever uigs up, cuts down, girdles, defaces, cr otherwise injures or mars any tree or shrub on any public highway, bicy- cle path, park or any public grounds used as a place of public resort, unless the same is deemed an obstruction by the road supervisor or person lawfully in charge of such highway, bicycle path, park or public grounds and removed under his or their direction, shall be deemed guilty of a misdemeanor, and be finad in any sum not less than five dollars nor more than one hundred dollars and the costs of prose- oution.	[L. 'Cl, p. 301, §1.J 4s to repeal of this section, see §13, 04, and note. Present laws §^2656, 2651, par tlyg covers this seotion. Pee note to §2301,
(Wash)	
-76-I £330,	(7145,) Malicious Injury to
Appendix.
If any person shall maliciously or
wantonly out down, destroy, or injure any
bush, shrub, .fruit, or other tree not his
own, standing or growing for fruit, orna-
ment, or other useful purpose, or shall
willfully break the glass in or deface any
building not his own, or shall willfully
break down or destroy any fence or hedge
belonging to or inclosing land not his on,
or shall willfully throw down, or open and
leave down or open, any bars, gate or fence,
or hedge belonging to or inclosing land not
hi« own, or shall maliciously or wantonly
sever from the land of another any produce
thereof, suoh person, upon conviction thereof
shall be punished by imprisonment in the
(Wash)
-77-county Jail not less than three months
nor more that one year , or by fine not
less than ten dollars nor more than five
hundred dollars* [ L» *90, p* 127, §10;
2 H.P.C., $73.]
As to repeal of this section, see
§2304, and note* Present law, §2659 ;
supra, partly covers this section.
See note to §2301®
See §2703, supra, robbing sluice-
boxes, etc.
(Tas. J5	(715%* Tillful Injury to Tcidgea.
Ap^enu ix.
fvery person who snail wilffulfy
anti maliciously out, break, injure, or
destroy any bridge, mill dam, oanai, flume,
aqueduct, reservoir, or other structure
erected to create nydraulio power, or to
conduct water for mining or agricultural
purposes, or to conduct water for the pur-
pose of floating or carrying therein logs,
timber, eartn, or sand , or any embankment
necessary to the su-e, or either of them,
or snail willfully or nalioiously make, or
cause to be nade, any aperture in such da®,
canal, flume, aqueduct, r eservo ir, embank-
ment, or structure, with intent to injure
or destroy the same, shall, on conviction
thereof, be fined in any sum not more than
(Tash)
79one thousand ficli.if. , or he imprisoned
in the penitentiary at hard labor not more
chan two years, or both suoh fine and im*
prisonment. [Cf. L. *62, p. 30, §1;
Cd., ‘31, §842; L. *91, p. 228, §1;
2 H.P.C. , §86.]
As to repeal of this section, see
$2304, and note. Present laws, §^2656,
2658, supra, parti; covers this section.
(Wash)
-80-§	2854,	(7155,) hxllcious Injury to
Vessels, Logs, etc.
If any person maliciously cut away,
Appendix,
let loose, injure, or destroy any boom or
raft of wood, logs, or lumber, or any boat
or vessel fastened to any place, of which
he is not the owner or legal possessor, he
shall be £ unished by fine not exceeding
five hundred dollars, and imprisonment in
the county jail not ore than one year, and
shall also forfeit to the use of the person
so injured double the amount of damages by
him thereby sustained, to be recovered in
an action at law. [Cd. ’31, §343; 2 H.P.C.,
§86.]
As to repeal of this section, see
§ 1504. and note. Compare §2658.
This section seems only partly covered
by the act of 1909. See note to §2301,
supr a.	’
(Wash)§ 2340, Unlawful to Injure Booms,
■■nil SiiiMWMi'iiwirriiwTTSrfflri' iJliilii ttii'«i 'iiir'miifci i tail i n ■ji'ii'i Iffffw'li' BB3BBB3B
Any person who shall willfully and
Append ix,
maliciously break, out away, injure or
destroy any boom lawfully established and
being in any of the waters of this state,
or make any out or break in the same with
intent to destroy the same, shall be deemed
guilty of a felony, and on conviction
thereof shall be punished by imprisonment
in the state penitentoaty for any term not
exceeding five years, [l,	>01, p. 22, §1.J
As to repeal of this section, see
§2304, and note. Present law, see ,2658,
supra.
(^ash)
82-Appendix.
§ 28-4l<	Unlawful to Destroy Marks and
‘‘^iTti,r*MM‘tj-T>arT-"i-:Li«»iiiar»'iOTwi--rnriw'i wnrin lirnrj m~'iri- rii'~ni nir~rr'~r—r~~~ Mur'-1 tt"“'• *“T" “ii‘ UK—rrlfflrisr
Brands on, L,o^s«
Every person who shall out out, alter
or destroy any mark or Brand rnde or caused
to have Been made By the owner upon any
log, spar, pile, Boom stick, shingle Bolt
or other timber of value lying or Being in
any of the waters of this state, or upon
the Beach or Bank adjacent to such waters,
without the consent of the owner thereof,
shall, on conviction, Be punished By a
fine of not more than one hundred dollars,
or By imprisonment in the county jadl,
of not more than six months or By Both such
fine and imprisonment. [ L. ’Cl, p. 40, §1. j
As to repeal of this section, see
§2304, and note. Present law, see §2594,
supr a.
{Wash)
63-Appendix.
§ 2314.
(7249. )Willful Injury to
Cemetery.
Every person who shall willfully
disfigure, injure, or remove any *	*	*
tree, or shrubbery around or within any
cemetery, *	*	* he shall, upon ©on*
viction thereof, he imprisoned in the
county jail not exceeding six months, and
he fined in any sun not exceeding five
hundred dollars, or shall he fined only,
[l.	'54; p. 9?, §120; Cd. '31,	§952;
2 H.P.C. , §209.]
As to repeal of this seotion, see
§2304, and note. Present law, see §2656
supra,
Fee laws of 1657, p. 28, §4, although
omitted xn Code of 1881, believed to
cover same matter as tnis seotion.
i
(Wsh)
84’§ 2953»	(7298,) Willful Injuryto Qui&*w
b0?*r^IB» ^sonuments^ etc.
Ap;. endix.
If any person shall willfully break
down, injure, remove, or destroy any monu-
ment merected or used for the purpose of
designating’, the boundary of any town, tract,
or parcel of land, or any tree marked for
that purpose, *	*	* suon person, upon,
conviction thereof, shall he punished by
imprisonment in the county jail not less
than txiree months nor more than one year,
or by fine not less than ten dollars nor
more than five hundred dollars, [Cf. L. ’54
p. 86, §62; Cd„ ’81, §927; I*. 190, p. 127,
Ill; £ H.P.C. , §228.]
As to repeal of this section, see
§23C4, and note. Present law, see §2656,
supra.
(Wash)
-85Appendix.
Public Propj
Any person who smll willfully or
maliciously out, curve, otherwise deface,
ox injure any *	*	* grounds or trees,
‘belonging	to the publio, or	any	in-
corpora tea	cnar itable, r eligious,		or
scientific	institution, shall,	on	con-
vlotion thereof, Toe fined in any sum not
greater than five hundred dollars nor
less than ten dollars, f Cf• Cd. ’31, ,845
L, '91, p. 128, §31;	2H.P.C,,	§229,]
As to repeal of this section, see
£2304, end note. Present law, see £2656
supra.
(Wash)
86§ 2957*	(7305* Vaporing	9£
Boom or Log to Bridge.
Appendix*
Every person who shall moor or chain
any steamer, sloop, sco'#, or other vessel,
or raft, or Loom of |ogs to the piling,
piers,	abutments,	or	other supports	of any
hridge	within t	his	state, shall,	on con-
viction	thereof,	he	fined in any	sum not
exceeding tores hundred dollars nor less	
than fifty dollars*	[L. '77, i>. 205, 53;
Cd* ’81,	|928;	2	H.P.C., §224.]
As to repeal §2304, and note, supra.*	of this section, see Present law,	$2656,
(Wash)
-67-Append ix.
§ 2 s} 5 3,	(7506<) Mooring Vessel to Buoys
-MM*. ■ ‘irragwift -t---*•* TtrnrwcitiBtmjirwtjjnBwwnrjfrwtf»•“wj .^-Trra». loaMwaaWMMO
gr Beacon.
Any person or persons who shall moor
any *	*	* raft, or part of raft, to any
buoy or beacon placed in the navigable
waters of this state, or in any bay, river,
or arm of the sea	border ing	upon this
state by authority	of the United States	
lighthouse board, or	shall in	any manner
hang on with any *	*	* raft,	or par t
of a raft to any	such buoy	or beacon
*	*	* shall, for	every such	offense, be
deemed guilty of a misdemeanor, and upon
conviction thereof before any court of
competent jurisdiction shall be punished
by a fine not less than one hundred nor
more than two hundred dollars, or by im-
prisonment in the oounty jail not less
(Wash)than one ox more than six months, or by
both suoh fine and imprisonment, in the
discretion of the court. One-half of
all fines under this seotion shall he
paid by the court to the informer, and
the other half shall be paid into the
common school fund of the county in which
the offense shall be committed. [L. *75,
p. 119, §al, 2; Cd. ‘Si, §§1208, 1209;
2 H.P.C. , §225.]
As to repeal of this section, see
§2304, and note. Present lam*, see §2656,
supra.
Obstructing B'a-v igation: See §8293,
infra.iMtratw /jw kui
*W*AT®
c* c r f A	r r *■ TUT T F
Of
^Attxwaww
{Cite fM and >&1« Code)
«,**«
Showing all
Statutes In Fcroe^ Including the
P&W&urdin&ry Session Xaw» of
XdOd
a»«wno<na
By
BPS. BICHAT® A BATAISS’VI
AHB
BOS. /PTTOF KSMISWOS
«tt «»«*««»
VOLVO TI.
SHWtt btatothb
WWWMemo
Seco 3002 - Doubtful
It may be well to include
Sections 3002 and 3013, since •’in-
dustrial pursuits” and industrial
produots include "forestry" and
"timber products,"
§ 3002*	(3381**) State Shir, Objects,
It is the object &nd purpose of this
institution to promote and further the ad-
vancement of all agricultural, *****
horticultural, ****** an& industrial
pursuits in this state, and for the carry-
ing out of tnis objeot, the management shall
provided £or an annual fair of exhibition by
the institution upon the fair grounds owned
by this state near the city of North Yakima,
of all the industrial products of this state;
said annual fair to be held pon such dates
as may be fixed by the state fair commission,
not earlier than the third Monday of September
nor later than tie second Monday of October otf
each ear, and. which fair shall continue for
at least six days, [l„ ’93, p. 445, §2; I.,
'03, p, f,r., §1,]
(Wash)
—91—Memo
8eo« 3013 - - Doubtful
It may be well to include Fees.
3C02 and 3013, since "industrial pur-
suite" and "industrial products" in-
clude "1 or es tr y " and *t imber pr oduc ts, "
5 3013. LSeutftwest was ..mg ton Pair.l
'Slw*"'mS"" ■■■J.I ' "i — ini—iii ■Hili • am r--i nrri—-rn--r- mr
Pur p os e—L ocation.
It shall be the object and purpose
of this institution to promote and fur-
ther the advancement of all agricultural,
*	*	* horticultural, *	*	* and in-
dustrial pursuits in this state and par-
ticularly southwest 7, shington, and for
this object the manage rent shall provide
an annual fair or exhibit ion,by the in-
stitution between and within three miles
of the cities of Centraliaand Chehalis,
of all the industrial products of this
state and especially of southwest Wash-
ington, commencing in the month of Sep-
tember of each year after the passage of
this act, and continuing for at least
five days after the day of its commence-
ment. [L.	109, p. 857, §2.]
(wash)
-92'[Title XVI. AGEICUITORE.1
Chapter VIII.
HORTICULTURE
[This chapter, which embraces Sections
3069-3159, contains provisions, in general,
respecting the matter of Horticulture, Bor
the full text of the chapter, see Bern, and
Bal. Code,
Certain of these sections, containing
the most important of the provisions on the
subject, follows:J
5 5075, State Commissioner of Horticulture,
Powers and luties.
Said state commissioner of horticulture
shall have power, and it shall he his duty:
Wsh)(a) To exercise a general supervisory
and directory control over the horticultural
interests of the state;
#«»«»«** ******
(il Grant licenses to nurserymen, tree
dealers and their solicitors, agent® and sales-
men, and suspend or revoke such licenses as
herein provided;
(j)	Furnish to state inspectors lists
of license® nurserymen and tree dealers doing
■business in tue state, and of agents and sales-
men or nursery stock in his and adjoining dis-
triote;
(k)	Approve the bonds of state horticul-
tural inspectors and of nurserymen and tree
dealers as herein provided; and,
(l)	Perform such other duties as may he
prescribed by la^4 (h.	*09, p. 497,	§7.]
-94-5 30.80* Duties of District Inspectors
District horticultural inspectors shall
have power, and it shall “be their duty:
(a) To enforce the provisions of all
laws relating- to horticulture, within their
respective districts;
(h) To arrange for and hold institutes
and ^meetings of horticulturists for the dis-
cussion of nor ticultural subjects and the
dissemination of information as to horticul-
tural questions, and for the demonstrations
of methods of preventing the diseases of or
pests injurious to horticultural plants and
fruits, and of curing and removing the same;
(c) To inspect orchards, nurseries,
nursety stock, fruit, horticultural products,
supplies, packing-house®, warehouses and
other places where fruit is packed, stored
(Wash)
v5or shipped; also vines, ornamental shrubs
and bushes, as well as other trees and
property, for the purpose of ascertaining
whether the sas;e is infected with any dis-
ease or pests injurious to fruit trees or
fruit, and of taking steps to disinfect the
same and prevent the spread thereof; and,
for that purpose, shall nave free access
to orchards, nurseries, packing-houses,
storage-houses and any other place at all
times;
(a) To require the disinfection of all
trees, orna ental shrubbery, orchards, nurse-
ries or nursery stock, fruit packing-houses
or other places infected with any pests, fungi
or uisease injurious to the horticultural in-
dustry of the state of Washington;
(e)	Inspect and examine orchards, fruit,
nursery stock and other horticultural plants
and products at the request of the owner thereof
for the existence of any disease or pest thereof,
SFash)
-d6-and report to the applicant the result of suoh
investigation and prescribe proper remedies
therefor;
(f)	Prevent the shipping and sale of
infected fruit, except for canning, preserv-
ing or jellying or the waking of cider or
manufacture of other by-products within the
state of Washington, and under such rules and
regulations as may be established by the State
commissioner of horticulture, and the delivery,
sale, planting and shipping of infected nursery
stock, trees, and other horticultural produots
and supplies, by notifying the owner thereof
or the person having the sac's© in oharge, and
requiring the proper disinfection of the same;
(g)	To disixifeot, or cause to be disin-
fected, orchards, nursery stock, trees, fruit
ana other horticultural products and supplies,
in case the owner or person having the same
in charge, shall not do so after notice; and,
in case the trees, fruits, etc., which cannot
-97-
(Wsh^be properly disinfected, to destroy the same,
or cause same to be destroyed;
(h)	To sort and repack, or cause to
be sorted and repacked, infected fruit, if
the owner thereof, or the person having the
same in charge shall not do so after notice;
( i) Prevent the introduction and spread
of diseases cf or pests injurious to fruit
trees and hor ticultural plants, fruit and
other products, and to prescribe and specify
the means and methods to be employed for the
disinfection of trees, fruit and horticultu-
ral products;
(j)	To issue certificates of inspection
to nurser/men and tree dealers on stock in-
spected; and
(k)	furnish to the board of county com-
missioners of each county, wholly or partially
/ithir. their respective districts, an estimate
of expenses for eacn year. [h. *09, p. 499,§12.;
(Wash)
93119743
§	Xnegectors^ not,to..|^ot| as
Ko district horticultural inspector
shall act as agent or solicitor for the sale
or distribution of any nursery stock or hor
tioultuxal products or re cow end any nursery
to prospective purchasers of fruit trees, or
act as agent foi supplies or machinery for
use in orchards or engage in the purchase
or sale of fruits or horticultural troduota
from any orcha .	uis own. [L. ’OV, p.
500, §15.]
(W.sh)
§ 3083.

l;o person, fir n or corporation shall en-
gage in, continue in, or carry on the business
of selling or dealing in nursery stock, fruit
trees, or ornamental shrubbery or solicit pur-
chasers of nursery stock, fruit trees or orna-
mental shrubbery within this state, or engage
in the business of importing into this state
for sale cr distribution, nursery stock, fruit
trees or ornamental shrubbery either as ovmer
thereof, or as agent of such owner, without
first obtaining a license to carry on and con-
duct such business in this state, [l. ’09, p.
501, §15.]§ 3090*..,.,r	T?epr esentationr-Penalty,
/ny person who shall falsely represent
that he is agent or representative of any
tree dealer, nurseryman or dealer in fruit
trees or horticultural plants, or ornamental
shrubbery shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be
fined in any sum of not less than fifty dol-
lars ( 5C) , nor more than one hundred dollars
( IOC), together jvith the cost of prosecution,
and shall be committed to the county jail until
such fine and costs are paid. [L. *09, p. 504,
(WrlSh)
-1015 3091, Pests and SiseaseaLUjis infect ion—
Destrnotion o-t infected Stock.
It shall be the duty of each person
w.ltnin the state of Washington owning prem-
ises on which there is or shall be growing
or grovm any nursery stock, fruit trees,
shade trees, ornamental shrubbery or other
horticultural plants, or the owner of any
nursery stock, fruit trees, shade trees,
ornamental shrub- ery or horticultural plants
situated upon rre?ises leased or occupied by
him or the owner of any nursery stock, fruit
trees, shade trees, ornamental shrubbery or
horticultural plants situated or being at
any place within the state of Washington, for
the sale or delivery to any person, firm or
corporation to take, adopt, and use all method®
and means provided by law or prescribed by the
state commissioner of horticulture for the pre-
vention of pests or diseases to which such
(Wash)
-10£-nux sery ?tooKj fruit trees, shade trees,
ornamental shrubbery or horticultural plants
may be subject, and keep the came in a
healtnful condition and free from disease
and pests; and in event it is found that
such nursery stock, fruit trees, shade trees,
ornamental shrubbery or horticultural plants
at any time are infected with any disease or
pests to which the same may be subject, to
promptly take and use such methods as may be
prescribed by law or by the state commis-
sioner oi horticulture to disinfect tne same,
and in event such nursery stood , fruit trees,
shade trees, ornamental shrubbery and horti-
cultural plants cannot be disinfected to
promptly destroy the same. fL. ’Cm, p# 504,
§23.]
fetsii)
-103-
Stored Stock—Q^ner to Disinfect—
Destruotioru
If, after inspection, as provided in
the two preceding sections, the district
horticultural inspector shall ascertain
that any nursery stock, fruit trees, shade
trees, ornamental shrubbery or horticultu-
ral plants, oi’ any fruit or horticultural
products, or any place where such fruit or
horticultural products is kept for sale ox
is being prepared for shipment or is stored
is infected with any diseases or pests de-
clared by the state commissioner of horti-
culture to be injurious to the horticultu-
ral Industrie© of the state, said district
horticultural inspector shall notify the
owner or person having possession or charge
of such nursery stock, fruit trees, shade
trees, ornamental shrubbery, horticultural
plants, fruit, horticultural produots or
places of storage, sale or preparation for
(Wash)
104-market, in writing, requiring the dis in-
fect icr of any or all thereof which is
capable of disinfection, and the destruc-
tion of suoh as is incapable of proper
disinfection, subject to the provisions
hereof relative to the sale, disposition
and use of infected fruit, and shall fi&
the time in said notice within whdoh the
same shall be so disinfected, or destroyed,
as the ease may be, and such owner or per-
son having the same in charge shall pro-
ceed to disinfect or destroy such stock,
trees or products, as tne case my be, in
the manner required by law and in the man*
ner prescribed by the state commissioner of
horticulture, ana within the time specified
in said notice. [L. ’C9, p. 506,	$28.
(^ash)
1055 3098. Inspeotor^may
of Owner,
Big infect at Cost
In the event of the failure of the
owner or person in charge of such stock,
trees or products to separate or ale infect
or destroy the sawe, as in the last pre-
ceding section provided, and within the
time specified in saiu notice, the dis-
trict horticultural inspector snail have
the right to enter upon the premises and
per form the acts herein provided for, or
cause the same to be performed, at the ex-
pense of the owner or person so having
charge of such stock trees or products,
and shall have the right to destroy all
stock or products which are infected so
that they cannot be properly disinfected.
[L.	»0u, p. 50?, §30.j
(^ash)
106§ 3099, Recovery of Cost of Inspection~
Lien,
In event of a is infection of any orchard,
fruit trees, ornamental trees, shruTos, vires,
horticultural plants, or other plants, fruits,
horticultural products or otxier property by
the district hortioultural inspector, or any
person under his direction or orders, the
costs thereof shall he charged agaixist the
owner pf such stock and the premises upon
which the same ray be growing, for the costs
cf such disinfection, or the destruction of
the property which cannot be properly disin-
fected, which charge may be recovered in an
action at law in the name of the state of
Washington upon the relation of the district
horticultural inspector against the owner or
person having charge of such property, and
shall also constitute a lien against the said
-1C7'
(Wash)property and the premises upon which the
same xi ay he growing, which lien my he en-
forced in any court of comjetent jurisdic-
tion, and the bringing of an action at law
to recover costs shall not be deemed to be,
and shall not constitute, a waiver of such
rigiit of lien. [l. '03, j„ 507, §31. j
^ash)
-1085 3100, Penalty for failure to Disinfect.
Any person failing to disinfect or de-
stroy any nursery stock, shade trees, orna-
mental sorubbery, fruit, horticultural prod-
ucts or disinfect the prewises upon which the
same may he situated, as herein provided, with-
in tue time specified after notice from the
district horticultural inspector of the dis-
trict wherein the same is situated shall he
deemed guilty of a misdemeanor, and upon con-
viction thereof snail be fined in any sum not
less taan fifty dollars nor more than two hun-
dred and fifty dollars, and shall be imprisoned
in tne county jail until such fine is paid, [l,
'Ot, p. 508, §32.]
Wasn)
ICg-§ 3110»	"Infeetion" flefined.
Txie term "infection" as used in this
chapter shall mean the finding of any nursery
stock, fruit trees, or horticultural produets
or supplies used in connection with horticul-
tural products to 'be affected Toy any one of
the species of infection and disease or pest
specified and described by the state cemis-
sionar of horticulture, as provided in sec-
tion 30t>2.	[L.	'C,, p. 512,	§42.]
(Wash)
-110-§ 3125.	(7173.) fraudulent Sale of fruit
or Ornamental Trees.
Any person oixopersons who shall mis-
represent, deceive or defraud any person
or persons in the sale of any fruit, shade
or ornamental tree or trees, or any vine,
shrub, plant, bulb or root, by substitut-
ing inferior or different varieties, or
who shall falsely rexresent the name, age
or class of any suoh fruit, shade or orna-
r ental tree or trees, or any vine, shrub,
plant, bulb, root, garden or field seeds,
shall be guilty or a misdemeanor, and on
conviction be fined not less than ten dol-
lars nor more than two hundred dollars, or
by imprisonment in the county jail not less
tnan. thirty days nor more than six months,
or by both such fine and imprisonment, and
shall be liable to the party ur parties dam-
aged or injured thereby in treble the amount
of all damages sustained, to be recovered in
any court having jurisdiction thereof* ft. *95,
p. 196, §1.]
$&sh)
-111-§	Certificate of Inspection.
The several district horticultural
inspectors shall, upon the inspection of
any nursery stock, trees, or plants, issue
and deliver to the owner or person in change
thereof a certificate of inspection, over
his signature showing date of inspection,
and condition of such stock, trees or plants.
[L. ’OS, p. 515, §56.]
(Wash)
112-In event of the shipment into the
stnte of Washington from a point without
said state, of any nursery stock, fruit
trees, horticultural plants, shade trees,
ornamental shrubbery, bushes or vines, by
any person, firm or corporation not licensed
as herein provided, the purchaser or the per-
son receiving shipment of such trees, stocks,
plants, ornamental shrubbery or vines, shall
have the same inspected in the same manner as
is required upon the delivery o< stock sold
and delivered by licensed nurserymen or tree
dealers, and shall pay as inspector’s fee
ten penteenc of the invoice price, the mini-
mum fee to be fifty cents: Provided, that nurs
eryrnen or tree dealers, licensed under the
provisions of this act to do business in this
state, shall not be required to pay the in-
spector’s fees provided for in this section*
(Wash)
-113Tax Levy,
It shall foe the duty of the board of
county commissioners at the time of making
the regular annual tax levy in each year
to include and levy a tax upon the taxable
property of such county in such an amount
as they snail find will produce funds suf-
xicient to meet the estimated expense for
horticultural purposes i or t^e ensuing year,
••*io tax ehall foe known as a "horticultural
tax.*1, and which - rail be levied and collected
tuo sa.-.e as other general taxes j and upon the
collection of suid tax, the same ^hall foe
turned over to the state treasurer for the
"benefit of the "district horticultural fund"
-jnd to be credited to the horticultural dis-
txiot, or districts, within which said county
is included, [I.	*09, y. 517, §64. ]
(Wash)
114-|	Analysis of Spraying Compuands—
Duty of State Chemist,
It shall he the duty of the chemist of
the state agricultural experiment station to
correctly analyze, without extra compensation
and without extra charge to the state, other
than the necessary expenses, all substances
and compounds used or offered for sale for
spraying frees and plants, that the state
commissioner of horticulture may send for
analysis, and report to him without unnec-
essary delay the result of any analysis so
madej any such chemist shall assist him in
proseouting violations of the law by giving
testimony, expert or otherwise, [l.	*01, p.
20, S5.J
(wash)
-115-§ 3651.
ProhAbited—Penalty,
■Any person who *	*	* shall willfully
destroy, out, break or injure any tree, shrub
or plant within the limits of a cemetery shall
he deemed guilty of a misdemeanor and shall
upon conviction thereof before any court of
competent jurisdiction be punished by a fins
of not less than five dollars noX nore than
five hundred dollars, and imprisonment in the
county jail for a term not less than one nor
more than thirty days, according to the nature
and aggravation of the offense and such offend-
er shall also be liable in an action of tres-
pass in tne name of said association [Cemetery
association], to pay all such damages as have
been occasioned by his unlawful act or acts,
which wrong, when recovered shall be applied
to the reparation ana restoration of the prop-
erty destroyed or injured as above. [L.	*99,
P. 4?, §?.]
LSh)
116-[Title XXV. CCEPOBATIOXS.J
Chapter I.
SHGAMI RATIOS AND MAMAGK3OTT OTOT
| 5677. (4250.2	0* - -|°r ^an2zea~Cend it ions.
and L jab iditips.
Corporations for manufacturing, ****
or * * * * * * tor the transportation of
wood and lumber, ****** .may he formed
according to the provisions of this chapter;
such corporations and the members thereof
being subject to all the conditions and
liabilities herein imposed, and to none
others: » » * « • [Cf. L. '66, p. 5'?, §1;
L. '67, p. 137, §1; L. '6t, p. 330, §1;
L.	'7.5, p. 398, §1; Cd. '31, §2421; 1.
•86, p. 84, §1; L. '31, p. 214, § 1; 1 H.C.
§1497; L. '95,	338, §1.J
[for the full text of tide Chapter, see
Beni. and 75al. Code. |
(Wash)
-117I 3890-1/2* Funds from Forest Reserve®—
Mg-Tni fiwi>mi..miiT|- -mwiH'i -Kir M-T.MW4W r	ORB* —<Sg»vvz-Wfc!&ZSnlBt504>-: ■ -4*tf ft fc*jjBBi iWTTiWWrt<|ffli CftJ Cn WB8»
Expenditures, for Schoolsand Roads,
County commissioners of the respective
counties to which the money [received from
the federal government from forest reserves]
is distributed are hereby authorized and di-
rected to expend said money for the benefit
of the public schools and public roads there-
of, and not otherwise* fc, ’07, p* 406, §2*]
Duty of state treasurer to distribute
such money to the counties within the forest
reserves: Fee infra, §9026a [ §9026-1/2? .'
rash)
-118-Memo.
It may he well to include a
part of Seo. 4333. since it pro-
vides for instruction in the
“natural sciences" connected with
agriculture, and other industrial
pursuits; and also parts of Secs.
4335 and 4336, since they lay stress
upon the practical study of mor-
phology and physiology of plants,
Entomology, eto.
§ 4333. ( 2512. * )	[ State College of Washing-
ton^ ^stablishffientJurpose<»Admiss ion of
Students.
The State College, Experiment Station
and School of Science of the state of Wash-
ington, as heretofore located at Pullman,
Whitman county, ***** shall he *
*	*	* devoted to practical instructions
*	*	*	* and natural
sciences connected therewith, as well as a
thorough course of instruction in all branches
of learning upon agricultural and other in-
dustrial pursuits*
in agriculture,
„[L> i09j 243(
§1, at. L. '91, p. 334, §§1, 2; 1H.C. ,	§§
960, 961; L. '97, p. 430, §190,]
(Wash)
119§ 4335,	(2514» ) Courses of Instruction,
The course of instruction of said
college shall embrace ***** animal and
vegetable anatomy and physiology, * * * *
entomology, ***** rural and household
economy, horticulture, ***** and such
other courses of instruction as shall be
prescribed by the board of regents. One of
the objects of said college shall be to train
teachers of physical science, and thereby
further the application of the principles of
physical science to industrial pursuits; to
collect information as to schemes to tech-
nical instruction adopted in other parts of
the United States and in foreign countries,
and to hold farmers’ institutes at suoh times
and places and under such regulations as the
board of regents may determine: *******
[1.	'09, p. 244, §3. Cf. 1. '91, p. 334, §3;
1 H.C., §962; L. >97, p. 431, §192.]
-120-
(Wash)§ 4536,	(2515, ) Laboratories and Depart-
ments of Instruction- *	*	*	*	*	*	*
The hoard of regents ***** shall
providedin connection with said college the
following laboratories: One physical labora-
tory or more, ***** Said board of re-
gents shall establish a department of said
college to be designated as the department
of agriculture, and in connection therewith
shall provide instruction in the following
subjects—First: Physics, with special ap-
plication of its principles to agriculture,
Second: Chemistry, with special application
of its principles to agriculture. Third:
Morphology and physiology of plants, with
special reference to the commonly grown crops
and their fungus enemies. Pourth Morphology
and physiology of the lower forms of animal
life, with special reference to insect pests,
***** Eaid board of regents shall
[Wash)
121-establish an agricultural experiment station
in connection with the department of agricul-
ture of said college, appoint its officers
and prescribe such regulations for its manage-
ment as it may deem expedient* Said board of
regents may establish other departments of
said college, and providedcourses of instruc-
tion therein, *hen those are, in its judgment,
required for the better carrying out of the
object of the college*	TL* '09, p* 244, §4*
Cf* L. ’90, p. 263, §8; 1 H.C*, §963; L* ’97,
P. 431, 4193.]
Mete.—Section 4346 provides for the op-
eration and conduct of the agricultural expe-
riment station here colors established at Puyal’
lup, Washington* L* ’99, p. 132, §1.
Wash)
-122-§	Acquisition of Lands for Experi-
mental Purposes,
The hoard of regents of the State Col-
lege of Washington is hereby authorised and
empowered to acquire by lease or gift, any
tract or tracts of land, which, in its judg-
ment, are necessary for experimental or demon-
strational purposes, or for otherwise carry-
ing	out	the purposes or work of the	college
as	defined by law, and to pay for		the same
out	of	the maintenance fund of the	college:
* *	*	*	• [ii, '09, j>. 015, 11.]	
	See See	infra, §504?, disposition of infra, §6655, sale of lands*	lands*
(Wash)
-123Sec. 504?.
Memo.
It /ray be well to include
Sec. 5047 in connection with
Secs® 4333, 4335, 43365.
§ 5047. Disposition of Lands for Scientific
School—Vested in Begents.
{BKg^^sja^BssssbssaKfflHsffisssssssssssssSffissfsssassi
The hoard of regents of the Agricultural
College, Experiment Station and School of
Science of the state of Washington is hereby
authorised and directed to select and set
aside for the purposes hereinafter described
four full sections of land in lots of not less
than forty acres each from the lands granted
to the state of Washington for the establish-
ment and maintenance of a scientific school
and belonging to the Agricultural College and
School of Science. The entire management,
control and power of disposition of said four
sections of land be and hereby are vested in
the board of regents of the Agricultural Col-
lege, Experiment Station and School of Science
and subject to the provisions of this act. fL.
>01, p. 170, §1.]
"This act" refers to this and the next
section.
-124-
(Wah)Title XXXIV.
PIPES
*************
5 5141,	(313S,) Damages for Negligently Per’
fitting Eire to Spread,
If any person shall for any lawful pur-
pose kindle a fire upon his own land, h© shall
do it at such time and in such manner, and
shall take such care of it to prevent it from
spreading and doing damage to other persons’
property, as a prudent and careful man would
do, and if he fail so to d® he shall he liable
in an action to any person suffering damage
thereby to the full amount of such damage, [L,
'77, p. 300, §3; Cd. >81, §1226.]
(Wash)
125
§ 5142.	(3139.) Lumbermen, When Liable
for Kindling iires.
Persons engaged in driving lumber upon
any waters or streams of this state may kindle
fires when necessary for the purposes in which
they are engaged, but shall be bound to use
the utmost caution to prevent the same from
spreading and oing damage; and if they fail
so to do, they shall be subjeot to all the
liabilities and penalties of this act in the
same manner as if the privilege granted by
this ection had not been allowed. [l.	>77
P> 300, §5; Cd. >81, §1228j
"This act® includes this chapter* except
§§5144, 5149.	’
(Wsh)
-126§ 5143.	(3139a,) Common-law Bights not
Abrogated,
The common-law right to an action for
damages done by fires, is not taken away or
diminished by this act, but it may be pur-
sued notwithstanding the fines and penalties
set forth in sections 514b and 5146; but any
person availing himself of the provisions of
section 5141 shall be barred of his action
at common law for the damages so sued for
and notaction snail be brought at common law
for kindling fires in the manner described
in the last section; but if any such fires
shall spread and do damage, the person who
kindled the same an. any person present and
concerned in driving such lumber, by whose
act or neglect such fire is suffered to spread
and do damage, shall be liable in an action
on the case for the amount of damages thereby
sustained. fh. *77, p. 300, §6; Cd* *81,
§1229.]
"This act": See note to last section.
Sections 5145, 5146, are amendments. See
L. ’91, pp. 122, 123, §§15. 14; see repealing
clause to L. ’91, p. 133, §46, which saves the
foregoing three sections of the L. ’77, p.3OO.
127-§ 5144.	(7148,) Maliciously Setting Pire
to Prairie and Other Grounds.
IT any person shall maliciously or wan-
tonly set on fire any prairie or other grounds
ocher than his own or those of which he is in
the lawful possession, or shall willfully or
negligently permit or suffer the fire to pass
from his own grounds or premises to the injury
of another, such person, upon conviction there-
of, shall he punished hy imprisonment in the
oounty jail not less than three months nor more
than one year, or fcy fine not less than fifty
nor more than five hundred dollars. TCf. Cd.
’81, §847; I. 'UO, p. 1£7, §£;	2 jj. P. C. ,
§ei. ]
This and . the following sections of this
chapter wer;.. in the old Penal Code and were
not repealed fcy the act of 1909. See §2697,
supra.	’
See supra, §2522, setting without permit
of fire warden.
£ee infra, §5283, pern.its.
128-S 5145,	(7149,) Kindling ffire with Intent
to Injure Another’s Property.
If any person shall maliciously, with
intent to injure any other person, by him-
silf or any other person, kindle a fire on
his own land or the land of another person,
and by means of such fire the buildings,
fences, crops, or other personal property
or wooded timber lands of any other person
shall be destroyed or injured, he shall, on
conviction, be punished by a fine not less
than twnety dollars nor more than one thou-
sand dollars, or by imprisonment in the county
jail not less than three months nor more than
twelve months, according to the aggravation
of the offense. [L. ’77, p# 300, §2; Co. ’81,
§1225; L. '91, p. 122, §13;	2 H.P.C.,	§32.1
See note to last section.
See supra, §2533, refusing to extinguish.
Compare §5141 et seq., damages for suffer-
ing fire to spread.
Fash)
129-$	5146.	(7150.) Kindling Tire on Another’s
* wr-—iwwnwtii- imwwiniin'Wrr-
&and Without Malice.
If any person shall, without malice,
kindle a lire, in any field, pasture, inclo-
sure, forest, prairie, or timber land, not his
own, without the consent of tne owner, and the
saiee shall spread and do damage to any build-
ings, fences, or ops, o or d wood, bark, or other
personal property, not his own, or to any wood
or timber land, not his own, he shall, on con-
vict ion, be punished by a fine of not less than
ten nor more than five hundred dollars, and
costs, according to the aggravation of the of-
fense^p and shall stand committed till the fine
and costs are paid. tcf. L. ’??, p. 300, §1;
Cd. ’81, §1224; L. ’91, p. 123, $14; 2H.P.C.,
§83.]
See note to last section.
See supra, §2523, penalty for negligently
setting.
(Wash)
130§ 5147,	(7175.) Setting Pire to Lumber%
Produce, etc,
J’very person who shall willfully and
maliciously set fire to any pile or parcel
of hoards, timber, piles, or other lumber,
cord wo cd, ricks, stacks, or shocks of grain,
hay, or other vegetable products, or vegeta-
ble products severed from the soil not in ricks
stacks, or shocks, or any standing grass or
grain, or other cultivated vegetable products
of the soil, shall, upon conviction thereof,
be imprisoned in the county jail not wore than
one year nor less than one month, and be fined
in any sum not exceeding five hundred dollars,
lx. '54, p. 83, §41; Cd. ’81, §824; 2 H. P.
C. , §41.]
See note to §5144,
See supra, §2734 et seq., arson generally.
(Wash)5 5148*	(7152,, ) Kindling fftCe on Another *3
Land Thile Hunting, etc*
Any person who shall enter upon the lands
of another person for the purposes of hunting
or fishing, and shall, by the use of firearms,
or other means, kindle any fire thereon, shall
be punished by a fine not less than ten nor
more than five hundred dollars, if suoh fire
be kindled without malice; if such fire be
kindled maliciously, and with intent to in-
jure any other person, such offender shall be
punished by a fine not less than twenty nor
more than one thousand dollars, or by imprison-
ment in the county jail not less than three
months nor more than twelve months*
[Cf. I. '77, p. 30C, §4; Cd. 181, §1227; 1.
'91, p. 123, §15;	2 H. P. C., §84,1
;Wash)
132-§ 5149.	(7153.) Destruotion_o£^gjgl^
Any person or person© who shall vs ill-
fully anu deliberately set fire to any wooded
county or forest belonging to this state or
the United States, within this state, or to
any place from which fire ©mill to© ocwruni-
oated to any such wooded county or forest,
or who shall accidentally set fire to any such
/coded county or forest, or to any place fro
which fire shall toe communicated to any such
wooded county or forest, ana sb til not extin-
guish the same or use every effort to that end,
or who shall build any fire for lawful pur-
poses or otherwise in or near any such wooded
county or forest, and through carelessness or
neglect shall permit said fire to extend to
and burr;	uch wooded county or forest,
shall toe dee	a misdemeanor, and on
conviction before a court of competent ju-
risdiction shall toe punished toy fine not
(Wash)
133'Breeding one thousand dollars or imprison-
ment not exceeding one year, or by both suoh
fine and imprisonment: Provided, that nothing
herein contained shall apply to any person who
in good faith shall set a back fire to pre-
vent the extension of a fire already burning*
All fines collected under this section shall
be paid into the county treasury for the bene-
fit of the common school fund of the county in
which they are collected* [L*	’91, p* 126,
5l;	2 H. P. C. , 584a.]
See supra, §2522, setting without permit
of fire-warden.
See note to |2825, disposition of fines.
See bote to §5144*
See infra, |5283, permits*
(Wash)
134-§	(,?386») Casting Sawdust, etc.,
in Streams,
It snail not toe lawful for the proprietor
of any sawmill in this state, or any employee
therein, or any other person, to oast sawdust,
planer shavings, or other lumber waste made toy
any lumber manufacturing concern, or suffer or
permit such sawdust, shavings, or other lumber
waste to toe thrown or discharged in any manner,
into the Columbia River and its tributaries,
and all other streams and lakes in this state
where fish resort to spawn, and any person or
persons violating any of the provisions of this
seotion shall toe deemed guilty of a misdemeanor,
and upon oonvioation thereof shall toe fined in a
sum not less than one hundred dollars nor wore
than two hundred and fifty dollars, [L.	*90,
p. 108, §9;	2 H, P. C., §282.]
Fee note to §5194, supra. rSaid note
reads as follows: "This and the following
sections were part of the old Penal Code,
not repealed toy the act of 1909,"
(Wash)
135Title XXXVI,
FORESTS AND POREST PIRES
Penalties for setting fires; See "Pires, ”
| 5141 ©t seq.
««♦♦♦##****»•*
Catfa, •-'e_ijtinaa, eto.
There is hereby created a board to be
known as the state board of forest comm is
sioners, consisting of the state land com-
missioner whose term of office shall be,
extensive with his term as state land com
missioner, and four electors of the state
of Washington to be appointed by the gover
nor, whose term of office shall be four year
from* the date of appointment: Provided, how-
ever, that two of the first appointees under
(Wash)
136the term of this act shall hold office
for only two years, and thereupon the gov-
ernor shall appoint the successors of such
two-yefir appointees for the term of four
years. Tach of tne members of said hoard
shall take and subscribe an oath or affirma-
tion before some officer authorized by law
to administer the same to faithfully per-
form the duties of said office. The mem-
bers of said board shall receive no compen-
sation whatever for the performance of their
duties. The secretary of state shall pro-
vide suitable quarters for the use of said
board and the state fire-warden and forester
in the state capitol building. The said
board shall meet at the call of the governor
as soon as convenient after their appoint-
ment at the state capital, and shall organ-
ize by the election of a chairman. A majority
of the members of said board shall constitute
a quorum. Said board shall meet at the state
sh)
137-capital* er any other convenient place
withir; the abate nt any other Um afc the
call cf the etainan, and the chairman is
hereby directed to calx a Meeting thereof
whenever re^ueeted in writing tc dc* by
three cr ;nore jsem'bers cf eaid board* Ft*.
•06, ;,. 3iC, U.]
cr former laws rtuealed by ftb, ;
313* $14* eee L. *C3* x}.* &0e»d<B>
XaSh)<
*	duperyiaioDr-Kegulatire-*
Fax den and ?or ee ter-Oeput les»
'»'"'«*■WWW" I'll IWW ■ **»!' —i »TM——M—WWW>fc»
The state board of forest com is s ton-
ers shall supervise all matters of state
forest protection as provided for in this
act; it shall have full power to appoint
a state fire-warden and forester, deputy
fire-wardens and forest rangers; to rake
such rules and regulations for the preven-
tion, control and suppression of forest
fires as issdeemed necessary; to regulate
and control the official acts of the state
fire-warden ana forester, deputy fire-ward-
ens and forest rangers, and have power to
remove at will any of these officials; it
shall be the duty of said board to collect
information regarding the timber lands owned
by the state through investigation made by
the state fire-warden and forester, deputy
fire-wardens and forest rangers, regarding
Wash)
-159-the condition of the timber-lands belonging
to the state, reporting any damage caused
by forest fires and any illegal cutting or
trespassing upon state timber and report
promptly such information to the state land
commissioners* [l*	’05, p. 321, §2.]
•This act" embraces this Title*
(Wash)
-140-£ 527 3« Pire-warden and Forester-Salary
and .Expenses«
The state hoard of forest commissioners
sir li appoint a state fire-warden and forester
at an annual salary of two thousand dollars
{ -2,000) payable monthly out of the state
treasury in the same manner as the salary of
other state officials are paid; he shall also
be entitled to all office, traveling and other
necessary expenses incurred by him under the
authority of the state board of forest com-
missioners, while in the actual performance
of his duties. /II expenses so incurred shall
be submitted in full detail to the state board
of forest commissioners for examination, and
if approved and allowed by said board shall be
presented to the state auditor, who shall, if
found correct, draw his warrant upbn the state
treasurer for the amount so allowed, and the
^Wash)
141state treasurer is hereby authorized to
pay said amount due out of any moneys in
tne treasury appropriated for this pur-
pose. [l.	'05, p. 321, §3; L. *07, p,
439, §1.]
(^’ash)
-142'§	Same-»Power s and Duties,
The state fire-warden and forester
shall act as secretary of the state hoard
of forest commissioners and shall have di-
rect charge and supervision of the forest
fire service of the state subject to the
direction, rules and regulations of the
state hoard of forest commissioners. The
term ’’forest fire service” as used in this
act shall he held to include all deputy
fire-wardens, forest rangers and help es-
pecially employed for fighting forest fires.
In times of emergency or unusual danger, the
state fire-warden and forester is empowered
to mass the forest fire service of the state
where their nrsseno^
-143
^ash)and investigate the origin of all forest
fires, vigorously prosecute all vialators
of this act, prepare and print for public
distribution an abstract of the forest and
fire laws of Washington, together with such
rules and regulations as may be for simulated
by the state board of forest commissioners
•
He sfxi.il annually notify the oounty clerk
in each county where deputy fire-wardens
or forest rangers are appointed giving the
r .roes of appointments so made, He shall
furnish notices printed in large letters
on clotn calling attention to the danger
from forest fires and to the penalties
for the violation of this act; such notices
to be posted .in conspicuous places by the
deputy fire-vardens or forest rangers in
all timber districts along roads and trails,
streams and lakes frequented by tourists,
nunters and fishermen, and in other visited
regions. He snail, subject to tne approval
(Wash)
-144-cl tile state board of forest cost ission—
crs, prepar© all necessary printed forms
for txxe use f deputy fire-wardens in con-
nection with the granting of applications
for permits to burn, for the appointment
of rangers, any and ail forms or blanks
required or desirable, and shall supply
each deputy fire-warden with such forms
and blanks. It shall be the duty of the
state fire-warden and forester to audit
and carefully inspect all bills of salary
and expenses incurred by the deputy fare*
wardens, and all bills authorized by the
deputy fire-wardens for the suppression,
checking or control of forest fires, and
to determine what amounts are justly due
and should be paid. When so determined
.tie shill present a statement thereof for
each county, accompanied by the original
bills to the state auditor, wno shall audit
the same, . nd if found correct, the state
auditor shall draw his warrants on the state
(Wash)
-145treasurer in payment thereof, and the state
treasurer is hereby authorised to pay said
warrants out of any money in the treasury
appropriated for suoh purposes. The state
fire*warden and forester shall become famil-
iar with the location and area of all state
timber and cut-over lends and prepare maps
of each of the timbered counties showing
the state lands therein and supply such
maps to each deputy fire-warden and in all
ways that are practicable and feasible pro-
tect such lands from the ravages of fire and
the illegal cutting of timber, reporting from
time to time direct to the state land commis-
sioner such information as may be of benefit
to the state in the care and protection of
its timber. It shall ne his duty to insti-
tute inquiry into the extent, kind, value and
condition of the timber lands of the state; the
amou of acres ana value of timber that is cut
and removed each year; the extent to which tim-
ber lands are bei&g destroyed by fires, and
Fash)
146also examine into the production, quantity
and quality of second growth timber and shall
not later than the first day of December, of
each year make a written report to the state
board of forest commissioners upon all such
facts as found by him, together with detailed
information as to the work of the forest fire
service of the state. The state fire-warden
and forester shall nave power to temporarily
suspend any deputy fire-warden or forest ranger
wno may be incompetent or unwilling to dis-
charge properly the duties of his office and
to appoint his successor temporarily until his
action shall be passed on by the state board
of forest com- issloners.	[b. ’05, p. 3£2, §4.j
"This act** embraces this Title,
Wash)
-147-§ 5230* fejuty vrardens-/.ppointroent,
Co sensation ana Duties.
Said board of forest commissioners
shall have power to appoint within any
county in this state where thereiis tim-
ber requiring protection a deputy fire-
warden for ail or any portion of the
period from June tne 1st to October the
1st, of each year. Such deputy fire-
warden shall received a compensation of
four dollars a day for the time actually
employed; he shall make his headquarters
at the county seat of the county he repre-
sents and, be equipped with suitable office
quarters in the county courthouse by the
county commissioners. The board of county
commissioners of any county in which there
has been no deputy fire-warden appointed
may request the state board of forest
(Wasn)
-148-commissioners to appoint a deputy fire-
warden, and said board may, if in their
judgment the necessity exists, appoint
a deputy fire-warden for such oounty.
Tne authority of county fire-wardens re-
specting the controlling or suppressing
of forest fires, summoning help or mak-
ing arrests for the violation of this
act may extend to any adjacent county
or to any part of the state in times
of great fire danger. The salaries and
necessary expenses of all deputy fire-
wardens, together with all expenses in-
curred for help and assistance in forest
fire protection, snail he borne in the
proportion of two-thirds by the state
and one-third by the county in which the
service was given and the expense in-
curred for forest fire protection. All
accounts of the deputy fire-warden,[deputy
fire-wardens?] shall be submitted to the
state fire-warden and forester as well
as all bills for forest fire protection
Fash)
149-authorized by the deputy fire-wardens, and
'ahen such bills are approved and paid as
provided for in section 5279, the amount
of one-third of all such outlays in each
county will be due and payable on demand
from each of such counties into the state
treasury and credited to the fund appro-
priated by this act. All deputy fire-
wardens shall render reports to the state
fire-war oensand forester on such blanks or
forms or in such manner and at such times
as may be ordered, giving a sumsary of how
employed, the area of country visited, ex-
penses incurred and such other information
as may be called for by the state fire-
warden and forester. [L.	‘05, p. 323, §5.]
’’This act" embraces this Title.
As to the appointment of deputies for a
county, see note to §5323, infra.
ash)§ ft 281.^ Duties of Deputy—Refusal to
Help, a Misdemeanor.
Each deputy fire-warden snail Toe at
all timers under the direction and control
of the state fire-warden and forester, and
shall perform such duties at such times and
places as he may direct. It shall be their
duty to post over the forest areas notices
of warning giving the date of the closed
season as provided for in section 5283 and
copies cf all such laws and rules as they
may be directed to post by the state fire-
warden and forester. They shall investi-
gate all fires and report dll of a secious
or threatening character to the state fire-
warden immediately by telegraph. They shall
patrol their districts; visit all parts of
roads and trails and frequented plaoes and
camps as far as possible, warn campers or
other users of fire, see that all locomo-
tives and engines are provided with spark-
arresters in accordance with law; extinguish
Wash)
-151-small or smoldering fires, impress or employ
help to stop conflagrations; see that all
laws for the protection of forests are en-
forced and arrest and cause to he prosecuted
all offenders. Any person refusing to render
assistance when called upon by any deputy fire-
warden or rangers shall he guilty of a mis-
demeanor and shall he punished by a fine not
exceeding twenty-five (.25) dollars, or im-
prisonment in the county jail not exceeding
tnirty (30) days. Any person who shall will-
fully or needlessly deface, destroy or remove
any warning placard or notice posfebd under the
requirements of this act shall he guilty of a
misdemeanor and shall be punished by a fine
not to exceed one hundred ( 100) dollars for
eaoh offense, or by imprisonment in the county
jail not exceeding tnirty (30) days. [l.	*05,
pe 324,	.]
"This act" embraces this Title.
-152-
Wsh)§ 5262. State Cruisers Ex-officio Wardens—
Arrest for Violation of Act.
Ail state land cruisers shall be ex-
officio forest rangers and timber cruisers
and others in the employ of corporations
or individuals ma> at the discretion of the
state fire-warden and forester be appointed
forest rangers and vested with their duties
and powers, but they shall receive no com-
pensation for their services; the state fire-
warden and forester, deputy fire-wardens,
forest rangers, and all police officers are
hereby empowered to make arrests without
warrant of persons violating this act* [l.
*05, p.'325, §7.]
"This act” embraces this Title.
r
-153-5 3283. Closed Season for Burning
:To person shall burn any slashing,
chopping, wood-land or “brush-land within
any county in this state in which there
is a deputy fire-warden 'between the first
day of June and the first day of October
in each year, which, period is hereby desig-
nated as the closed season, without first
obtaining permission in writing from the
deputy fire-warden of such county; and any
person who shall violate this provision
shall be deemed guilty of a misdemeanor
and on conviction thereof shall be fined
in any sum not exceeding one hundred (>100)
dollar's, or be imprisoned in the county jail
not exceeding thirty (30) days. Such per-
il ission for burning shall be given only
upon compliance with such rules and regula-
tions as the state board of forest commis-
sioners shall prescribe. When any person
ash)
-154shall have obtained permission from a
deputy fire-warden to burn any slashing,
made for the purpose of clearing land, the
deputy fire-warden, may, at his discretion,
furnisn him with a an to supervise and con-
trol the burning who shall represent and act
for such deputy fire-warden and shall have
all the powers and authority of the deputy
fire-warden while engaged in such service,
including the right to revoke such permit if
in his opinion the burning authorized will
endanger any valuable timber or other proper-
ty. Such man shall serve only [until] suoh
time as the party burning may be able to
keep the fire under control hiroself. The
deputy fire-warden shall also be authorized
and empowered to employ a sufficient number
of men to extinguish or prevent the spread-
ing of any fires which may be in danger of
destroying any valuable timber or other lands
[fach?J
in this state. Such man so employed and also
the representative of the deputy fire-warden
^ash)
-155-supervising and burning shall be entitled
to a. compensation of twenty-five cents per
dour for each hour’s actual service, and
the deputy fire-warden shall issue a cer-
tifieate to each man so employed showing
the number of aours worked by him and the
amounts due to him, upon which after ap-
proval by the	fire-warden and for-
ester the man shall be entitled to receive
payment fro the st ite in th© manner pro-
vided for in section 5279*	[h. ’05, p. 325
$8.]
Fash)
-156-§ 5234. Penalty for Negligence-
Disposition of Kines.
Bi^S=S2£X3SSa53ES5SS35SSasaSSaSSSJ55
Any person who shall on any land
within this state set and leave any fire
that shall spread and damage or destroy
property of any kind not his own shall
be punished Toy a fine of not less than
te a nor more than five hundred dollars.
If such fire be set or left maliciously,
whether on his own or another’s land with
intent to destroy property not his own,
he shall be punished by a fine of not
less than twenty nor more than one thou-
sand dollars, or imprisonment of not less
than one month nor more than one year, or
[and? ]
by both such fine or imprisonment, and
shall be liable for all such damages in a
civil suit. Ml fines collected under
this act shall be paid into the county
treasury. This section shall not apply
(Wash)
-157to hack fires reasonably set for the saving
of life and property. During the closed
season any person who shall kindle a fire
on land not his own in or dangerously near
any forest and leave same unclenched or who
shall he a party thereto, or who shall by
throwing away any lighted cigar, matches or
by use of firearms or in any other manner
start a fire upon forest lands not his own
and leave sate un^uen^hed shall upon convic-
tion be fined not less than ten dollars nor
mere than one hundred dollars or be imprisoned
in the county jail not exceeding two months.
[L.	’C5, p. 326, i#9.]
"This act" embraces this Title.
See supra, §5149, penalty for setting
out forest fire.
(Wash)
“158-§ 5285. Spark-arresting Dev ices—Penalty
It snail be unlawful for any person,
company or corporation to operate any spark-
emitting locomotive, logging or farm engine
or boiler in this state at any time during
the months of June to October, inclusive,
or for any person to operate any logging
or otiier engine or boiler in the immediate
vicinity of any forest slashing, chopping,
wcou-Iand or brush-land during the closed
season without such locomotive or engine is
provided with and uses a safe and suitable
device for arresting sparks. Any person,
company or corporation who shall fail to
provide ano use such spark-arresters during
the periods herein mentioned shall upon con-
viction pay a fine for each engine or looomo
tive for each day so operated without suoh
spark-arrester of not less than ten nor more
(Wash)
159-than fifty dollars, and shall he pro-
hibited from further use of such loco-
motive and engine in such months or sea-
son until such spark-arrester is provided
and used therewith. Pines from this source
shall he paid into the cutfent expense fund
of the county treasury. Deputy fire-ward-
ens and forest rangers shall report any lack
of sufficient spark-arresters to tne prose-
cutor^ attorney of their county and the
s^rperior court of that county where suit is
first instituted shall have jurisdiction of
the offense. [L.	'05, p. 326, §10; Cf. L.
'03, p. 208, §11J
(Wash)
160-§ 5*^6* fluty, of Prosecuting Attorney
and Magistrate.
Whenever an arrest shall have been
made for a violation of any of the pro-
visions of this act or whenever informa-
tion of suoh violation shall have been
lodged with him, the prosecuting attorney
of the county in which the criminal act
was committed snail prosecute the offend-
er or offenders with all diligence and
energy. If such prosecuting attorney
slia.ll fail to comply with the provisions
of taisesection he shall be guilty of a
misdemeanor and shall be punished by a
fine of not less than fifty dollars nor
wore than live hundred dollars and by im-
prisonment of not less than thirty days
nor more than one year. The penalties of
this section shall apply to any magistrate
[Wash)
-161-with propei authority who refuses or
neglects to cause the arrest and prose-
cution of any person or persons when com
plaint under oath of violations of any
provisions of this act has been lodged
With him. [L. 'OS, p. 327, §11.]
"This act" embraces this Title,
(^ash)
-162-§	Sniali	Permissible.
Nothing in this act shall be con-
strued to prevent any person owning lands,
or person or persons employed by him, from
•burnig logs, stumps, drift or brush heaps
when such are burned in small quantities
isolated from other inflammable material
under personal supervision and such other
safeguards as shall prevent such fires
from spreading. [L.	’03, p. 208, §12; L.
’05, p. 327, §12.]
’’This act” embraces this Title.
(Wash)
-163[Title XXXVIII. C-A'E,]
Chanter I.
STATE GA1E-WARDEN AND DEPUTIES
(Sections 5318-5326 make provision for
a State Game warden and Deputies, and pre-
scribe the duties of such officers. Two of
these sections, viz: Sections 5325 and 5326
provide that forest rangers appointed by the
United States government shall be ex-officio
game wardens, with authority to make arrests,
without warrant. These two section© are as
follows:]
§	Oft •	0	?f rden--Cer-
Jj ’ AA?'.:'	-(.'fUro Game--	-• • o sp-
out ions.
It is hereby made the duty of every
game-warden so appointed, and every sheriff,
deputy sheriff, constable, city marshall and
-164-police officer, within their respective
jurisdictions in the state of Washington,
to enforce all the provisions of this act,
and all laws for the protection of game
birds and animals, fish and song birds,
and such sheriffs, deputy sheriffs, con-
stables, city marshall®, police officer®,
or any forest rangers appointed by the
United States government, and each of them,
by virtue of their election and appointment,
are hereby created and constituted ex officio
game-wardens for their respective jurisdic-
tions, and they and each of them, and each
and every game-warden so appointed, under
the provisions of section 5323, surra, shall
have authority, and it shall be their duty
to inspect all depots, warehouses, cold-
storage rooms, storerooms, hotels, res-
taurants, markets and all packages or boxes,
held either for storage or shipment, which
they shall have reason to believe contain
(Wash)
-165-evidence of the infraction of any of the
provisions of this act. And if, upon in-
quiry said officer discover® evidence suf-
ficient in his judgment to secure a convic-
tion of the offender, or shall hove good
cause to believe that sufficient evidence
exists to justify the same, he shall at
once institute proceedings to punish the
alleged offenders. [L. ’97, p. 87, §20;
L. ’01, p. 281, §7.]
’’This act” covers more than this chapter.
§ 5326. (7366.*) Authority of harden and
Other Officers to lake Arrests.
Any game-warden appointed under the
provisions of this chapter, any sheriff,
deputy sheriff, city marshall, constable
or police officer, forest ranger, may, with-
out warrant, arrest any person by him found
(Vatah)
-166-violating any of the provisions of this
chapter, or any other act or acts here-
after enacted and enforced, at any time
for the protection of game, fish and song
birds, and take such person or persons
before a justice of the peace or munici-
pal judge having jurisdiction, v-ho shall
proceed without delay to hear, try and
dftermine the matter, and give and enter
judgment according to the allegations and
proof. All such actions shall be brought
in the name of the state of Washington and
shall be nrosecuted by the prosecuting at-
torney of the respective counties. [L. *97,
p. 88, §22; L. ’01, p. 282,	§8.]
(Wash)
-167I emo.
Since the Board of Geological
Survey is charged with "The prep
aration of special reports v/ith
necessary inustration® and maps
which shall embrace both the gen
eral and detailed description of
the * * * na tural x-esourceg of
the stateappears adv^ si Is
to include Section b396 et eeq.
GEOLOGICAL SURVEY
»«*♦♦**♦*♦*******
§ 5396. Board of. Geological purvey—Of
Whom Composed—State Geologi st.
There is hereby established a state
geological survey of the state of Washing-
ton, which shall be under the direction of
the board of geological survey of the stote
of Washington, which is hereby established,
composed of the governor, the lieutenant-
governor, the state treasurer, the president
of the University of ’Washington, and the pres-
ident of the Washington Agricultural College
and School of Science, who shall serve with-
out compensation, but shall be reimbursed for
actual expenses incurred in the performance
(Wash)
168of their official duties, and the said
hoard shall have general charge of the
survey, and shall appoint as superintend-
ent of the survey a geologist of estab-
lished reputation, to be known a© the state
geologist, and upon his nomination such as-
sistants and employees as the said board
may deem necessary and the said board shall
also determine the compensation of all per-
sons employed by the survey, and may remove
them at will, [L. ’01, p. 334, §1.]
Former laws on this subject: See Bal.
Code, §§172-183 (L. ’90, p. 647), and 3145-
3150 (L. ’90, p. 249).
(Wash)
-169§ 5397. Objects of Survey.
The said survey shall have for it©
ob.j ect:
*****	*	*	*	*	(2) An
examination and classification of the
©oils, and the study of their adaptability
to particular crops, *******
(4) An examination and report unon the
occurrence of different road building ma-
terial. (5) An examination of the physi-
cal features of the state with reference
to their practical bearing upon the occu-
pation© of the people. (6) The prepara-
tion of special geological and economic
maps to illustrate the resources of the
state. (7) The preparation of special re-
ports with necessary illustration© and maps,
which shall embrace both the general and de-
tailed description of the geology and natural
(Wash)
-170resources of the state. (8) The consider-
ation of such other kindred scientific and
economic questions as in the judgment of the
hoard shall he deemed of value to the people
of the state. [L. »O1, p. 334, §2.]
See infra, §5907, survey for road huild
ing material.
(Wash)
171§ 5396* Report to Legislature.
The board shall cause to be prepared
a report to the legislature before each reg-
ular meeting of the same, showing the prog-
ress and condition of the survey, together
with such other information as they may
deem necessary and useful or as the legis-
lature may require. [L. ’01, n. 336, §3.]
§ 5399. Printin^ and J)i stribution of 'geoorts.
***** ***** ***** *****
§ 5400. Materials Collected, Distribution
of Awn^^ Schools.
***** ***** ***** *****
(Wash)
-172§ 5401.__Qrganiz at i on—. eetings—Co-opera-
tion with United States Geological Survey.
The hoard of geological purvey shall
meet for organization within thirty days
after the passage of this act. The regu-
lar meetings of the hoard shall he on the
first ednesday in April and the first
ednesday in ovemher of etch year. The
said hoard of geological survey is hereby
authorized to make provisions for topo-
graphic, ****** surveys of the
state of Washington in co-operation with
the United States geological survey in
such manner as in the opinion of the said
hoard will be of the greatest benefit to
the agricultural, industrial *	*	*	*
requirements of the state of Washington:
Provided, that the director of the United
States geological survey shall agree to ex
pend oxi the part of the United States unon
(Wash)
-173said surveys a sum equal to that expended
by the said board. [L. ’01, p. 336, §6;
L. ’03, p. 331, §1.]
"Act” refers to the preceding sections
of this Title.
§ 54Q2« Survey to Complete^: ap and Invest!-
gate~j ater
In order to complete the topographic
map of the state of Washington, and * * *
* * * the hoard of geological survey is
hereby authorized and directed to enter
into such agreements with the director of
the United States geological survey as will
insure that the said surveys and investiga-
tions he carried on in the most economical
manner, and that the maps and data he avail-
able for the use of the public as quickly as
possible. [L, *09, p. 885, §1.]
i Wash)
-174-§ 5619. Shade Trees—»Right to Plant on
Highways.
Any person or company wishing to plant
and cultivate shade or ornamental trees on
the public highways of the state of Washing-
ton may lawfully do so by planting the same
in the said highways at a distance not great-
er than ten (10) feet from the lines divid-
ing the land owned by them from the said
highways when the said roads have a legal
width of sixty (60) feet or more and at a
distance not greater than eight (8) feet
from said dividing lines when said roads
have a- legal width of less than sixty (60)
feet: Provided, that such trees shall not
be lawfully planted where the entire width
of the road is required for public use by
reason of heavy cuts, fills, slopes or
grades. [h. ’Ob, p. 221, §1.]
-175-§ 5620, Hedge Fences Along Highways.
It shall he lawful for any person
or company to plant hedge fences on the
line dividing their property from public
highways and to use temporarily a strip
of said highway not exceeding eight (8)
feet in v/idth for the protection and cul-
tivation of such hedges and to maintain
temporary fences within said strip for a
period not exceeding four (4) years after
the said hedges have been planted. [L. ’03
p. 222,	§2.]
§ 5621. Projection by Supervisors.
It is hereby directed to be the duty
of road supervisors and overseers to pro-
tect trees and hedges now growing or which
may be hereafter planted in the public high
ways of the state when such trees and hedge
(V ash)
-176pre located in conformity with the pro-
visions of this act. [L. ’03, p. 222,
§3.]
"Act" refers to §§5619-5622.
§ 5622.__Injury 0 3? Destruc ti. on—Penal ty.
V/illful injury to or destruction of
shade or ornamental trees or hedges in or
along the line of any public highway in the
state of Washington is hereby declared to he
a misdemeanor and the perpetrators of such
injury shall be liable for each tree so in-
jured or destroyed, to a fine not less than
five dollars ($5) nor more than fifty dollars
(§•50) or to imprisonment in the county jail
for not more than sixty (60) days or to both
such fine and imprisonment.	[L. ’03, p. 222,
§4«]
( ash)
-177-§ 5689 .	(_385_7). [Turnpike Hoads, ]
Right of Way may be Secured, How.
The county commissioners may autho-
rize the commissioners by them appointed
*	*	*	*	* to obtain by grant or take
propositions for the purchase from the own
ers of land over which the road will pass,
the right of way, and to take timber and
other materials necessary to the construc-
tion and repair of the same. [L. ’90, p.
613, §3; I H. C., §2034.]
bote.--Section 5690 -provides for con-
demnation proceedings when said commission
ers and the owners fail to agree as to the
amount of compensation, etc.
(Mfash)
-178-I.'emo •
It may be well to include
thia much of Sec. 6555, since
lumbering and other forest op
erations are among the "Indus
tries of the state."
S 6553. Duties of ConunlaBureau,
of Labor.
***** It shall also be the
duty of officers and employees of the bu-
reau to collect, assort, arrange and pre-
sent in biennial reports to the legisla-
ture, on or before the first Monday in
January, statistical details relating to
all departments of labor in the state;
* * * * * and to such other matters
relating to * * * * * the permanent
prosperity of the respective industries of
the state as the bureau may be able to
gather. *****	[L. ’01, p. 132,
§2.]
('(.ash)
-179-§ 6605.	( 2130. * ) Board pf ftate Land Com-
mi ssioners,^ row Constituted,
The commissioner of public lands, the
state fire warden and forester end the mem-
bers of the state board tax commissioners
shall constitute the board of state land
commissioners and shall have all cowers
and perform all duties with reference to
the selection, appraisement and sale or
lease of school, granted or other lands,
except capital building lands, the estab-
lishment of harbor lines and lease of har-
bor area which are now or may hereafter be
vested in or required of the board of state
land commissioners, the board of appraisers
or the harbor line commission. And said
board of state 1 and commissioners shal 1 be
and serve as the commission and the board
of appraisers mentioned in section one of
(Wash)
180article fifteen and section two of article
sixteen of the state constitution. [L. ’97,
p. 229, §1; L. ’07, p. 290, §1; L. ’09, p.
757, §1.)
The act of 1909 amended the original
section of the act of 1897, without notice
of its -prior amendment by the act of 1907.
See infra, §6774, powers over harbor
areas.
See infra, §6829, appraisement of dam-
ages from overflowing state lands.
See infra, §§6831, 6832, rights of way
over state lands.
§ 6606.	(2186.) Present Boprd juccessor
of Old.
The state hoard of land commissioners
shall, from the date of the assumption of
its official duties, possess and exercise
over all the lands and areas of the state
all the authority, power and functions and
perform the duties which the present hoard
of state land commissioners now possess,
and is hereby constituted its successor,
and all the provisions of law /applicable
(hash)
-181to said hoard, not inconsistent with the
provisions of this act, are hereby made
applicable to the board created by this
act, [Cf. L. *95, p. 565, § 89; L. ’97,
p. 258, §56.]
For former laws on the subject of tide
and shore lands, see L. ’90, pp. 431-437;
L. *93, op. 386-402; L. ’95, pp. 527-571.
wThis act” refers to chapter 89 of the
Laws of 1897, §§1-70, and the acts amenda-
tory thereof, found in this title.
See infra, §6781, successors of board
to exercise same powers.
§ 6614. (2195.) Trespasseg--hand Litjga-
tion--Luty of Board as to.
Said board of land commissioners be
and it is hereby directed and empowered to
investigate all trespasses on and damage to
state lands, and prosecute the same under
the lav/; that said board shall also appear
before the United States land offices in all
cases involving the validity of the selec-
tions of any of the state’s granted or school
( ash)
-182-lands, and shall he authorized and empow-
ered to summon witnesses and pay necessary
witness fees and clerical hire in such con-
tested cases. [L. *95, p. 569, §99; L.
*97, p. 261, §64.]
See §6824, infra.
§ 6616. App eals to Superior Court.
Any person who is an applicant to pur-
chase or lease any of the state’s granted,
tide, shore, arid or oyster lands or harbor
areas, or to purchase any timber, stone,
fallen timber, hay, gravel or other valuable
materials situate on any of the public lands
of the state, and any person whose property
rights or interests will be affected by such
sale or lease, who may deem himself aggrieved
by any order or decision of the board of state
land commissioners concerning the same, shall
have the right to appeal from such order or
decision to the superior court of the state
(Wash)
183of Washington for the county in which such
lands, harbor areas or materials are situate.
Said hoard of state land commissioners shall
forthwith give notice in writing to all par-
ties who have appeared in such proceeding of
its order or decision. [L. ’01, p. 98, §1.
Cf. L. ’95, p. 561, §82; L. ’97, p. 254,
§52.]
Gee infra, §6749, appeal from appraise-
ment of tide lands.
See infra, §6751, appeal as to preference
right to nurchase tide lands.
See infra, §6638, appeals from right of
way apprai sement»•
Bote.--Since the State Fire Warden and
Forester is a member of the .Board of Stete
Land Commissioners, reference is me.de to Title
LI., Chapters I and II of Rem. and Bal. Code,
which embrace Sections 6605-6622, covering
the following subjects:
Chapter I.—BOARD OF STATE LAND COIBIS
SIGNERS.
6605.	Board of state land commissioners,
how constituted.
6606.	Present board successor of old.
6607.	Records of board, etc.
6608.	Rules and regulations.
6609.	Report to legislature on management
of lands.
(Wa sh)
-1846610.	Board may accept lands by gift, etc.,
on behalf of state.
6611.	Board empowered to issue subpoenas,
etc., and compel attendance.
6612.	Board’s power of review—Correction
of errors.
6613.	Verted rights confirmed, when.
6614.	Trespasses—Land litigation—Duty of
board as to.
6615.	Duties of attorney general.
Chapter II.—APPEALS FROM BOARD OF STATE
LA D CO: : ISSIOLERS.
6616.	Appeals to superior	court.
6617.	Lotice of appeal.	
6618.	Appeal bond.	
6619.	Transcript.	
6620.	Trial de novo.	
6621.	Appeal to supreme court.	
6622.	Record certified to	board.
See, also, Sections 6648, 6650, 6667,
6774, 6780, 6781, 6829, 6831, 6832 and 6834
of said code.
(WaMh)
-185§ 6644. (2136.) [Landa of the State.]
Duties of In8pectors--SurveysJ, etc.
Said state land inspectors shall, im-
mediately upon their appointment under the
direction of the commissioner of public
lands, inspect such unsurveyed lands or
townships as the board may designate, with
a view of determining whether it is desir-
able to have them reserved for the selection
of lands to complete the grant of public
lands to the state. They shall report the
result of their inspection without delay,
showing approximately the number of acres
arable, vhe amount, quality, character and
value of timber, the nearest practicable
route for removing the same, the number of
settlers in the township and the value of
the improvements. *****	[j,, 195,
p. 532, §§13, 14; L. »97, p. 231, §7.]
See supra, §5282, state cruisers to be
ex officio forest rangers.
(hash)
186-S 6645, (2137«) Inspector1s Bond—Oath,
The state land inspectors, before en-
tering upon their duties, shall each enter
into a bond unto the state of Washington,
in the penal sum of five thousand dollars,
conditioned, to well and faithfully perform
their duties as such, to be approved by the
commissioner of public lands, and shall take
and subscribe an oath before some officer
authorized to administer oaths, according
to the laws of the state, in substance as
follows:--
X, AB, do solemnly swear that 1 will
well and truly perform the duties of land
inspector for the state of Washington, in
the selection, inspection and appraisement
of the lands granted thereto, to the best
of my knowledge and ability; and further
that I will not communicate to any person
not a member of the board, or commission,
Wash)
-187or the commissioner of public lands, any
information in relation to location, char-
acter and value of the public lands examin-
ed by me, or disclose to anyone anything in
relation to such public lands except to such
board or commission or commissioner of pub-
lic lands; that I will, when directed, per-
sonally and carefully examine each parcel
or tract of land to be listed by me, and
make an appraisement and value of the same
and the timber thereon; that I am not nor
will I become interested directly or indi-
rectly in the sale or purchase of said lands,
and that 1 will report every material fact
connected with said lands directly to the
board of state land commissioners, to enable
it to determine the situation, value and
character of the timber thereon and the lands
selected by me; in investigating, appraising,
or in the prosecution of any trespass, I do
solemnly swear that I will act according to
the best of my knowledge and ability, and will
Wash)
-188protect the interests of the state of
Washington.
Upon filing such bond and affidavit
the inspector may he authorized and com-
missioned by said commissioner of public
land® to view, select and appraise lands
as hereinafter provided for. [Cf. L. ’95,
p. 530. §9; L. ’97, p. 232, §8.]
(Vi? ash)
-189-§ 6646. (2136.) Inspectors* Duties and
Reports.
The said commissioner of public lands
may instruct the said state land inspector
to view and examine the said lands subject
to selection by the smallest legal subdivi-
sions of forty acres each, and shall class-
ify such lands into grazing, farming and
timbered lands, and estimate the value of
each tract so viewed; said state land in-*
Spector shall also in timbered lands esti-
mate the amount and value of the standing
timber thereon and the value thereof after
the timber is removed; be shall make a re-
port thereof to the commissioner of public
lands as amply and expeditiously as possible
on blank lists to be furnished by said com-
missioner of public lands for that purpose;
that said report shall be mads under oath,
to the effect that the inspector has
-190personally examined the tracts mentioned
in each forty acres thereof, that said
report and appraisement is made from such
personal examination and is to the best of
affiant’s knowledge and belief true and cor-
rect, and that the lands are not occupied
by any bona fide settler. They shall also
separately appraise all valuable material
thereon, improvements, etc. [Cf. L. ’95,
p. 530, §10; L. ’97, p, 233, §9.]
ote.--Section 6647 provides for class-
ifying the lands so appraised and reported
upon.
Sash)
-191§ 6646. ( 2140.) ^J'enal ty for BIaclo sing
Information,
If any state land inspector knowingly
or willfully shall make a false oath con-
cerning the appraisement on said lands, or
knowingly, or willfully divulge anything,
or give any information in regard to such
land other than to the hoard of state land
commissioners, or commissioner of public
lands, he shall forthwith be removed from
office and be deemed guilty of perjury and
subject to the penalties thereof, and it
shall be and is hereby made the duty of
the board of state land commissioners, or
the commissioner of public lands, to prose
cute him therefor. [L. ’95, n. 531, §12;
L. ’97, p. 234, §10-1/2.]
Bee supra, §2851, perjury defined.
Jash)
-192SSS5* state Co 11 cg e I.an d s—Ann ual h e -
port to Board of Regents.
It shall he the duty of the state land
commissioner to make a report to the hoard
of regents of the a ricultural college and
school of science on or before the first
londay in April, 1899, and on or before the
first londay in April of each succeeding
year, which said report shall contain a
complete detailed statement:
*«•*»*****#♦*
(3) Of the investment of all moneys
received from the sale or lease of agricul-
tural college land, or from the sale of tim-
ber, *	*	»	*	* from said lands, which
report shall describe fully the stocks, bonds
or other securities in which said moneys shall
have been invested, specifying the .issuer or
issuers, the rate of interest, the time to
run, and the face or par value of said stocks,
(Wash)
-193bonds or other securities, and a like re-
port of the disposition of all moneys re-
ceived from the sale or lease of lands set
apart for the scientific school and from
the sale of timber, ***** from
said lands: *****	[x,, ’99, p.
12, §1.]
See supra, J5047, disposition of cer-
tain state college lands.
j 6660, Duties of Board of J.Qg^nt s-«jn-
.tion--Report to Legislature,
To tne end that the endowment of the
agricultural college and school of science
may be conserved and increased it shall be
the duty of the board of regents of the said
college and school of science at as early
a date as practicable to inspect or cause
to be inspected the lands set apart for the
>Vash)
194use and support of the agricultural college
and school of science, and to gather or
cause to be gathered such information rela-
tive to the character, condition and true
value of said lands as may be conducive to
a wise and advantageous disposition of the
same, and to collect and distribute such
information as shall facilitate the sale or
lease of such lands, as provided by law, and
to furnish such information to the land com-
missioner when called for: *	*	-*	*	*
[L. ’99, p. 15, §3.]
(hash)
-195§ 6661« (2141,*) [Granted lands
proi sement and Sal e—Flats,
Any person or company may make vritten
application to the commissioner of public
lands for the appraisement and sale of any
lands belonging to the state, •	*	*	*
When, in the opinion of the commissioner of
public lands, or the board of state land
commissioners, a sufficient number of ap-
plications have been received for the ap-
praisement and sale of lands in any county
or locality, the commissioner of public
lands shall cause such land® so applied
for to be inspected and classified by one
or more state land inspectors, or by one
or more members of the board of state land
commissioners, as to its character, topog-
raphy, agricultural and grazing qualities,
timber, ***** an^ full report
thereof to be made to the commissioner of
(’/ash)
-196public lands, together with the inspector’s
judgment as to its present and prospective
value, which said report, together with all
other information affecting the same, shall
thereupon he considered by the hoard of state
land commissioners and a price per acre fixed
for each lot, block, subdivision or tract pro-
posed to he sold in one parcel, which shall
not he less than ten dollars per acre for
lands granted for educational purposes:
Provided, that ***** and in no
ease shall any state or public lands, or
timber or other materials thereon be sold
unless within ninety days prior to the date
fixed for the sale the same shall have been
appraised by the hoard of state land commis-
sioners, ***** [jJ# 109^	788,
§2. Cf. L. ’95, p. 533, §17, and p, 534,
§18; L. >97, p. 835,	11; L. ’03, p. 103,
§1; L. ’07, p. 751, §8.]
See infra, §6693, former appraisals void.
(Wash)
-197S 6667, (2142,*) Sale of Timber--Appraise-
-gand Improvement©.
When application is made for the pur-
chase of timber, fallen timber, stone,
gravel or other valuable materials situated
upon public lands of the state, except cap-
ital building lands, the same inspection
shall be had as upon an application for the
appraisement and sale of lands, ho timber,
fallen timber, stone, gravel or other valu-
able materials shall be sold for less than
the appraised value thereof; and such tim-
ber, fallen timber, stone, gravel or other
valuable material© may be sold separate from
the land when, in the judgment of the board,
it is for the best interests of the state
to sell the same, except when the estimated
amount of timber shall exceed one million
feet to the quarter section, in which case
the timber shall be sold separate from the
land: Provided, that whenever any public
(Wash)
-196land© except capitol building lands shall
lie within the limits of any watershed
from or through which is derived the water
supply of any city or town in this state
and sold city or town shall desire to pur*
chase or condemn the same it may do so,
and in case of purchase it shall have the
right to buy said land with the timber,
fallen timber, stone, gravel or other valu-
able materials with the land and v/ithout a
separate appraisement thereof. Wen such
timber, fallen timber, stone, gravel or
other valuable materials are sold separate
from the land, the full purchase price
thereof shall be paid in cash: Provided,
that in all cases where timber, fallen tim-
ber, stone, gravel or other valuable mate-
rials ore sold separate from the land the
sale shall revert to the state if not re-
moved from the land within five years from
the date of purchase thereof, except that
in all cases when the purchaser is acting
(Wash)
*199in good faith and endeavoring to remove
such timber, fallen timber, stone, gravel
or other valuable materials, the commission-
er of public lands may extend the time for re
moval thereof for any further period not
exceeding five years upon payment to the
state of a sum to be fixed by the commis-
sioner of public lands not less titan one
dollar nor more than two dollars per acre
per annum. And the commissioner of pub-
lic land© shall certify and pay to' the state
treasurer all sums received for such exten-
sions and the same shall be credited to the
fund to which was credited the original pur-
chase price of the materials so sold. In
every appraisement under this act, the board
of state land commissioners shall separately
appraise all improvements placed upon any
land of the state and found on such land at
the time of appraisement of the land, and
©hall also appraise all damages and waste
committed or suffered upon said land by the
( fash)
-200-cutting or removal of timber, stone,
gravel or other valuable materials by
the oerson or oersons owning such im-
provements or their assignors and the
damages so found shall be deducted from
the appraised value of the improvements
and the balance, after deducting such
damages and waste, shall be the value of
the improvements upon the land, and every
such appraisement shall be recorded in the
proceedings of the board of state land com-
missioners: Provided, that this section
shall not be considered as affecting the
right of the state to receive the full value
of the land, * * * * *	* [The portion
omitted relates to the matter of improve-
ments upon the land,] .For the purpose of
determining the value and character of land,
timber, fallen timber, stone, gravel or other
valuable materials or improvements, the com-
missioner of public lands or the board of
state land commissioners way compel the at-
tendance of witnesses by subpoena,
(Wash)
201-at such place as the commissioner or the
hoard way designate, and examine such wit-
nesses under oath as to the value and char
acter of such lands, materials or improve-
ments and waste or damage thereto, v/hen
timber or other valuable materials have
been sold separate from the land and have
actually been removed therefrom, then such
lands may be sold for a sum which, added v
to the price received for the timber or
other valuable materials, will not be less
than ten dollars per acre. All sales of
timber upon state land shall be made sub-
ject to the right, power and authority of
the board of state land commissioners to
prescribe rules and regulations governing
the manner of removal of the timber with a
view to the protection of the nonmerchant-
able timber against destruction or injury
by fire or from other causes; and any such
rules or regulations shall be binding upon
the purchase^' of the timber and his succes
sors in interest and shall be enforced by
Wa sh)
-202the cojimissioner of public lands. When
the merchantable timber has been sold and
actually removed from any land, the board
of state land commissioners may classify
the land and such portions thereof as may
be found moot suitable for reforestation
may, by order of the board, be reserved
from any future sale and when once so re-
served shall not thereafter be subject to
sale or other disposition. The commissioner
of public lands shall certify to the state
fire warden and forester all such reserves
so made and thereupon it shall be the duty
of the state fire warden and forester to
protect &ueh land and the remaining timber
from fire and to reforest the same. (L.
’09, p. 760, §3. Cf. I. ’95, p. 536, §23;
L. ’97, p. 236, §12; I. ’99, p. 252, §1;
1. ’01, p. 308, §1; L. ’07, p. 752, §6.]
“This act”: Bee note to §6606. [Said
note states that: “This act” refers to chap-
ter 89 of the Laws of 1897, §§1-70, and the
acts amendatory thereof, found in this title.]
(Wash)
203-§ 6669. Time for Reiaoval of Timber
Extended,
All persons, firms, or corporations
who, prior to Larch 18, 1901, purchased
from the state of Washington timber on
state, school, or granted lands, and who
have not already removed the timber there-
from, shall have a period of ten years
from 1 arch 18, 1901, in which to remove
the timber from such lands. [I. *05, p.
77, §1.]
(Wash)
-204$ 6670. Time for Removal of Timber—
• itwwfwii1 »w»1 '■ "-»■»•••1	.TBrOTTTax>r«ai«g.T,!-.~~’flBM .1. ma
Extension•
In all cases where timber on state
land is or ha® been sold in manner now
provided by lav/, the purchaser shall be
allowed a period of five year© from the
date of the sale within which to remove
the timber: Provided, that the commis-
sioner of public lands shall have the
same authority as now provided by lew,
upon a showing of good faith, to extend
the time within which such timber may be
removed for a further period of not to
exceed two years. [L. ’07, p. 747, §1.]
( ash)
-2065 ,9• Lea 9e © -*.[Public	""*
Procedure.
All leases of state tide land®, and.
the sales of all tide and shore lands of
whatever class, except when sold to per-
son© having the preference right of pur-
chase, and timber and materials of state,
school, and granted lands, and harbor
areas or mineral lands where, under exist-
ing law, the same can be sold, shall be
made in the same manner, under the same
notice, and at the same time and place,
as provided in the preceding section. [L.
’07, p. 315, §2.]
^Tor Section 6672, see Rein, and Bal. Code.
Wash)
-206emo .
It may be well to include
Sec.6692, since it allows the
assignee the privilege of clear
ing the land.
C. 6692. [lands of the State.] Hights
of Assignee.
***** ho lessee or assignee
of any lease of state lands leased as
scab or pasture lands shall “be permitted,
to use the same for any other purpose than
that expressed in the lease: Provided,
said lessee or his resigns may he permitted
to clear, plow and cultivate all or any part
thereof upon surrendering the said lease and
requesting the commissioner of public lands
to issue an agricultural lease in lieu there-
of; upon the payment of the fixed rental
under the appraisement of said land the com-
missioner shall issue a new lease for the
unexpired term thereof, [b. ’03, p. 116,
58.3
(wash)
-2C?§	^Building Lands
All lands granted to the state by the
federal government for the purpose of erect-
ing public buildings at the state capitol
[capital?] shall be known and designated as
MCapitol building lands.** Ione of such lands,
nor the timber or other materials thereon,
shall hereafter be sold without the consent
of the state capitol commission and only in
the manner as herein provided. [L. ’09, p.
125, §2.]
\ 6698. Appraisement and Sale—Procedure.
The state capitol commission shall cause
said lands to be appraised and prepare an ab-
stract or record of all the capitol building
lands with such maps and other data as may be
deemed necessary to properly show in detail
and by legal subdivision the location thereof,
and of the timber and other materials thereon,
(V»ash)
-208and the character and value thereof. The
commission shall seek proposals by adver-
tising in the public press or otherwise,
within or without the state, for the sale
of such land in tracts not to exceed one
hundred and sixty acres in extent, and re-
advertise and reseek other and new propos-
als or bids as often as said commission
shall deem necessary, and may sell any such
lands at public auction, with a view of ob-
taining the full market value of said lands,
announcing the times, terms and particulars
of sale as is now provided for sale of other
state lands: Provided, that the commission
may sell the tii ber or other materials sepa-
rate from the land, and said commission shall
fix the time in which such timber or other
materials shall be removed from the land, and
may provide that the purchaser of timber or
other materials separate from the land shall
not be limited as to the time of removal
Wash)
209-thereof upon payment to the state for the
use of such lands upon which such timber
or other materials are situated of an an-
nual rental to he fixed by the comission
at or before the time of sale. [L. ’09,
p. 125, §3.]
h? sh)
-210§ 6699♦ Regulation
The commission shall ?iake necessary
rules under which proposals or bids for
the purchase cf land, timber or other
materials shall he received, and shall
fix the terms of the sale thereof: *
* * * * And provided further, that the
purchase price of all timber or other
materials when sold separate from the
land shall be paid in cash at the time
and sale: And provided further, that in
case of the sale, on deferred payments,
of any tract of land, where the timber
thereon constitutes its principal source
of value, all unpaid installments of the
purchase price shall be paid before any
timber is removed therefrom. [I. »O9,
p. 126, §4.]
( 'ash)
-211/‘7;	/--.ie. /..t MjS£j| (:• ut-h r^eer'^•<•
Plans for C/..vo i t o 1 _Kui 1 din,•;.
All sales shall take place at the state
capital and the proceeds of such sale of
lands, or the timber or other materials,
shall be paid into the capitol building
fund to be used: ***** [Kor pro-
visions relative to the use of the proceeds,
see Section 6700 in Hem. and Bal. Code.]
(L. ’09, p. 126, §5.]
(Wash)
212-§ 6701, Conveyanceg, laetnner of.
Upon performance ‘by the purchaser of
all such conditions as shall have been fixed
by the commission for the sale of any such
lands or the timber or other materials there
on, conveyances shall issue therefor in the
same manner as now provided by law for the
conveyance by the state of other granted
lands or the timber or other materials
thereon, [L. ’09, p. 127, $6.]
-213§ 67C)2. C ommiflsjon--A8si	- -
The commission may employ such cruisers,
*	*	*	*	* or other assistants as may he
necessary for the host interests of the state
in carrying out the provisions of this act,
and all expenses incurred hy the commission,
and all claims against the capitol building
fund shall he paid hy order of the commission
upon vouchers signed hy the chairman and sec-
re; ary thereof, out of the appropriation here-
inafter made. (1. >09, p. 127, §7.]
"Act" refers to §§6696-6703.
fash)
-214§ 6776._Leasing of Harbor Areas for Boom-
The commissioner of public lands is
hereby authorised to lease any harbor areas
and lands of the state of Washington, to any
persons or corporations, whether the same be
reserved from lease or sale by any existing
acts or not, for booming purposes; excepting
lands and harbor areas within the limits of
any incorporated city or town and within two
miles therefrom for a period not exceeding
five years: Providing, however, that no
lease shall be granted for any oyster re-
serve containing oysters in merchantable
quantities and further that the commissioner
of public lands shall have power to prescribe
rules and regulations for the use of any lands
so leased, and to declare a forfeiture for any
violation of such rules and regulations. [L.
’07, p. 575, §1.]
( )
215-J 6785« (2215,) [Leasing I. ineral_ Lands• ]
. ecessary Timber Privilegee.
The lessee may cut and use the timber
found upon said premise© [mineral claim©
upon state land] for fuel and construction
of buildings, required in the operation of
any mine or mines on the premises; also the
timber necessary for drains, tramways and
supports for such mine or mines, and for
no other ruroose. [I. ’97, p. 293, §4*]
( ash)
-216§ 6767. (2217.*) [mineral lands.—
Lessee’s Ri;ht to Contraet--Porm.
******** [This Section,
in prescribing the form of the Contract in
such cases, specifies the following, as one
of the terms of the lease:]
with the right, during the existence of
this lease, to cut and use the timber found
upon said premises for fuel, and so far also
as may he necessary for the construction of
building® required in the operation of any
mine or mines, on the premises hereby leased,
as also the timber necessary for drains, trrm
ways and supports for such mine or mines:
*	*	*	*	[L. ’97, p. 294, §6; L. ’99, p.
337, §1.]
"This act” refers to this chapter.
/ash.)
-217Title LI
Chapter XX.
TRESPASS ON PUBLIC LANDS
§ 6623. (2197.) .Removing Valuable .aterials
Penalty.
Any person, firm, corporation or asso-
ciation cutting or removing, or causing to
he cut or removed, any timber growing or be-
ing upon the state, school or granted lands,
or manufacturing the same into logs, holts,
shingles, lumber or other articles for domes
tic use or commerce, shall he liable to the
state cf Washington in treble the value of
the timber or other articles so cut or re-
moved, to be recovered in a civil ction;
and moreover, shall forfeit all interest in
and to the article into which said timber is
manufactured. [L. ’9b, p. 570, §101; L. ’97
p. 261, §66.]
Compare §6824, infra.
See supra, §6614, prosecution of tres-
passers.
(Wash)
-218-§ 6824 ♦ (2168«*) Penalty for Injuries
to Public lands.
If any person shall cut down, destroy,
injure, or cause to he cut down, destroyed
or injured, any timber standing, growing or
felled upon any of the lands of the state
of Washington before deed shall have been
issued by the state therefor as provided
by law, or shall take or remove or cause
to be taken or removed fro® any such lands,
any timber, wood, clay, sand or other mate-
rial or substance thereon, or shall dig,
quarry, take or remove any mineral (except
by contract with the state), earth or stone
from such lands, or shall cause to be dug,
quarried, taken or removed any mineral (ex-
cept by contract with the state), earth or
stone fro; such lands, or shall otherwise
injure, deface or damage, or shall cause
Waah)
-219to Toe injured, defaced or damaged any such
lands, he shall he deemed guilty of a mis-
demeanor. [L. ’99, p. 47, §1. Cf. L. ’95,
p. 549, §51; L. ’97, p. 247, § 38.]
This section repeals hy implication
§2193, 1 Hill’s Code (L. ’90, p. 124, §1),
and §51, L. ’95, p. 549.
Compare §6823, supra.
See supra, §2659, suhd. 1, injury to
trees on state land.
See supra, §6614, duty to prosecute.
(Wash)
—220 —§ 6826, Timber fogJPQMestic Pse—C1 e: ring,
Nothing in this act shall he so construed
as to prevent any person who shall lease said
lands or hold the same under contract with the
state for the purchase thereof, and occupy the
same for the purpose of a home, from cutting
such timber as may he necessary for donxestic
use or to clear land for actual cultivation:
Provided, that such lessee or contractor may
sell such timber so cut in good faith for the
purpose of clearing such land for cultivation:
Provided further, however, that before any tim-
ber may be sold by any such lessee or contract-
or he must first obtain the vnritten consent
of the commissioner of public lands of the
state of Washington to such sale; otherwise
such lessee or contractor shall not have the
benefit of the provisions of this section,
[L. ’99, p. 48, §2.]
«ActM refers to .,§6824-6826,
Wash)
-221§ 6826* Penalties for Violations*
Any person or person© violating the
provision© of this act ©hall he guilty of
a mi©demeanor, and unon conviction thereof
he punished by a fine of not less than
twenty-five dollar© nor more than one thou
©and dollar©, or by imprisonment in the
county jail of the county in which such
conviction was had, for a time not less
than one month and not more than one year,
or by both fine and imprisonment.	[L.
•99, p. 48, §3.]
"Acte1* refers to 36824-6826,
Ifash)
222§ 6837* (2252.) Injury to Capitol Grant
Lands--Penalty,
If any person shall cut dovm, destroy
or injure any tree standing or growing upon
any of the lands granted to the state of
Washington, for erecting public buildings
at the capital of said state before patent
shall have been issued by the state there-
for as herein provided, or shall take or re-
move from any such lands any timber or wood,
or shall dig, quarry, take or remove any
mineral, earth or stone from such lands,
such person, upon conviction thereof, shall
be punished by iraprisonment in the county
jail not less than one month nor more than
one year; or by fine not less than fifty
nor more than one thousand dollars, or both:
Provided, that nothing in this section shall
be so construed, so as to prevent any purchaser
(Wash)
223-who shall purchase said land for purposes of
a home from cutting such timber as may be
necessary for domestic use, or to clear
land for actual cultivation. [L. ’93, p.
188, §10.]
’’This section” substituted for Hthis
act,” the balance of which is now obsolete.
See notes to §6824.
Wash)
224. 6831.. ( 2164%),	•
Any person, corporation or association
engaged in the business of logging shall have
a right of way over public lands when neces-
sary, for the our^ose of hauling or remov-
ing timber from other lands, but permission
shall be first obtained in writing from the
board cf state land co miissi oners: Provided,
that all timber on said right of way shall
be appraised, and before permission is grant-
ed, shall he paid for in cash by the person,
corporation or association desiring the right
of way. [I. ’95, p. 547, §45; L. ’97, p.
246, £34.]
(Wash)§	Public A°aA Kight of Way.
Rights of way may he granted hy the
hoard of state land commissioners over
public lands to any county or city desir-
ing to construct a public road across the
same: ***** Provided further,
that all timber on said right of way shall
be appraised and paid for in cash by the
said county or city. [L. ’95, p. 547,
§46; L. ’97, p. 246, §35.]
Wash)
-226RIGHTS OF WAX’ OVER PUBLIC LANDS
[Sections 6848-6852 contain provisions,
in general, regarding right of way over pub-
lic lands of the State of Washington, granted
to municipal corporations, electric light,
power, or street railway companies, associa-
tions or individuals, constructing or propos-
ing to construct any ditch, flume or pipe-
line or transmission line for the purpose of
generating or transmitting electricity for
light, heat or power, (haws, 1909, pp. 654-
656). Among the privileges so granted, is
the right to cut timber along the right of
way, to the following extent:]
§6849. ^Procedure to Obtain Right _of Way - -
Width.
********* The land
within ©aid right of way shall be limited
to an amount necessary for the construction
(Wash)
227-of said ditch, flume, pipe-line or trans-
mission line sufficient for the purpose re-
quired, together with sufficient land on
either side thereof for ingress and egress
to maintain and repair the same and shall
include the right to cut all standing tim-
ber within a radius of two hundred feet on
either side of said ditch, flume, oipe-line
or transmission line, which shall he dangerous
to the operation and maintenance of the same.
[L. ’09, p. 65&, §2.]
(Wash)
228National Park.
•.Section 6854-1/2 ie included on
account of the Renier National Park
being embraced within the limits of
the Ranier ) ntional forest.
It should be borne in i ind, how-
e n r, t i&t • e national l ark is, by
law, under the exclusive control of
■ Secret	*
Exclusive jurisdiction shall be, and
the same is hereby ceded to the United States
over and within all the territory that is now
or may hereafter be included in that tract of
land in the state of Washington, set aside for
the purposes of a national park, and known as
the Rainer National Park; saving, however, to
the said state, the right to serve civil or
criminal process within the limits of the a-
foresaid park, in suits or prosecutions for
or on account of rights acquired, obligations
incurred or crimes committed in said state,
but outside of said park; and saving further
to the said state the right to tax persons
and corporations, their franchises and prop-
erty on the lands included in said park:
Provided, however, this jurisdiction shall
ish)
229-not vest until the United States? through,
the -proper officer, notifies the governor
of this state that they assume police or
military jurisdiction over said park. [I
»O1, p. 192, JlJ
-230j erao.
It may be well to include
Sections 6855, 6856, 6857, 6858
since they cover the matter of
National forest Surveys.
§ 6865* (2112.) Right of United States
Surveyors to Enter upon Premises.
-	=37=s=KSs=Kx- ^Kx-saBs-sS^-sssaseEstr-jrjssss^siasssaas
Any person employed in the execution
of any survey authorized by the Congress of
the bnited States may enter upon any land
within this state for the purpose of explor-
ing, triangulating, leveling, surveying, and
of doing any work which may be necessary to
carry out the object of existing laws, and
may establish permanent station marks, and
erect the necessary signals and temporary
observations, doing no unnecessary injury
thereby. [Cf. h. ’58, p. 24, §1; L. ’69,
p. 413, £1; L. ’88, p. 214, §1; 1 H. C.,
§2950.)
5	(£3-3.3^) ^rocJ?/^n ere Such
Survgxor^...Damage•
If the parties interested cannot agree
unon the amount to be paid as damages causedthereby, either of them may petition the
superior court of the county in which the
land so entered upon ie situated, v.hioh
court shall appoint a time for a hearing
as soon as may be, and order at least four-
teen days* notice to be given to all parties
interested, and with or without a view of
the premises, as the court may determine,
hear the parties and their witnesses, and
assess the damages, if any there be. [Cf.
I. ’58, p. 24, §2; L. ’69, p. 413,	,21 L.
’88, p. 214, $2;	1 h. C., §2961.]
See Const., Art. I, §16, and notes.
5 C857^_£gl4,)	.5;'	•, Re-
covery of.
The person or persons so entering upon
land may tender to the injured party damages
therefor, and in case of appeal or application
Wash)
232-to said superior court the damages fully
assessed do not exceed the amount so ten-
dered, the person so entering shall re-
cover costs, otherwise the prevailing oarty
shall recover costs. [L. *58, p. 24, §4.
Cf. L. *69, p. 414, §4;	’88, p. 214,
§s;	1 i . C., §2952.]
The ‘‘appeal” referred to has no ap-
plication to present organization of courts.
5 885ft., ( 2115.) Costs It the Same asjow
Allowed by L-zw.
The costs to be allowed in such cases
shell be the same as and governed by the fees
and costs in said court as now allowed by law.
(Cf. b. *69, p. 414, • &; 1. ’88, p. 214, j4;
1 h. C., §2983.]
-233[Title LII. LEGISLATURE.]
Chapter VIII.
STATE BOARD TO PROLOTE UUE0R1.ITY OP
LEGISLATION
§ 69• Governor to Appointr and Pi11
Vacancies.
Within thirty days after this act takes
effect the governor shall appoint three suit-
able persons and they and their successors are
hereby constituted ”A board of commissioners
for the promotion of uniformity of legislation
in the United States.” Any vacancy in said
board shall be filled by appointment by the
governor. [L. ’05, p. ill, §l.]
5 3949. Duty of Board.
seaswssa^j^^EssSisssssssxsscsEsssw/jEssss
It shall be the duty of said board to
examine * * * * * an^ other subjects
upon which uniformity of legislation in the
Wash)
-234-various states and territories of the
union is desirable, but which are out-
side of the jurisdiction of the Congress
of the United States; to confer upon
these matters with the commissioners ap-
pointed by other states and territories
for the same purpose; to consider and
draft uniform laws to be submitted for
approval and adoption by the several
states; and generally to devise and re-
commend such other and further course of
action as shall accomplish the purposes
of this act. [L. ’05, p. Ill, §2.]
§	Records of Board.
The said board of commissioners shall
keep a record of all its transactions, and
shell, at each biennial session of the legis-
lature, and nay rt any other time, make a re-
port of its doings and of its recommendations
to the legislature. (L. »05, p. Ill, §3.]
(Wash)
-235r emo.
Lection 6992 provides for
exhibits at the uaeusa showing
the natural resources of the
State; which include forest
pro ducts.
6992* State ugewyi at University.
The museum of the University of Jash-
ington is hereby constituted the state
museum as a depository for the preservation
and exhibition of documents and objects pos-
sessing an historical value, of materials
illustrating the fauna, flora, *	*	*	*	*
and natural resources of the state, and for
all documents and objects whose preservation
will be of velue to the student of history
and the natural sciences. [L. ’99, p. 40,
§1.]
h)[Title LV. LOGS AND LOGGING.]
Chapter I
STATE LOG-SCALER
§ ?O7O. (3103.Lumber Listr ic tst jbtta) -
lishment of.
That there he established within this
state two districts for the survey and mea-
surement of logs, and that counties of What-
com, Skagit, San Juan, Island, Snohomish,
King, Pierce, Nason, Levis, Skamania, Clarke,
Cowlitz, Wahkiakum, Pacific, Chehalis, Thurs-
ton, Kitsap, Jefferson and Clallam shall con-
stitute district number one, and tl at Seattle,
Washington, shall be the -nrincipal olace of
buisness of district number one; and that the
counties [of] Okanogan, Stevens, Spokane,
Lincoln, Douglas, Kittitas, Yakima, Franklin,
Adams, whitman, Garfield, Asotin, Columbia,
(Wash)
-23?Walla Walla and Klickitat shall constitute
district number two, and. that Spokane, Wash-
ington, shall be the principal ulace of busi-
ness for district number two. [L. ’97, p.
98, §1.]
Compare L. *63, pp. 489, 490; L. ’69,
pp. 391-394, survey nd measurement of logs.
For former laws on the subject of this
chapter, see L. ’79, pp. 107-110; Cd. ’81,
pp. 2639-2652; L. ’83, pp. 106-108, and 1
Hill’s Code, §§2345-2357, and amendments of
’93, p. 83, and ’95, p. 127. This charter
appears to repeal by implication the sections
of Hili’® Code above referred to; hence they
are omitted.
See infra, §7110 et sea., boom companies.
See infra, §7080 et sop., lumber and
shingle weighers.
(Wash)
-238§ ?2£sJ Appointmep'	cal er•
There shall he hiennally appointed hy
the governor, with the advice and consent
of the senate, a state log-scaler for each
of the districts aforesaid, who shall he a
citizen of the district for which he is ap-
pointed at the time of his appointment, end
he shall enter upon the discharge of the
duties of his office on the third ionday in
April next succeeding his appointment, and
shall hold his office tvro years, and until
his successor is appointed, confirmed and
qualified: Provided, that it shall he the
duty of the st-te log-scaler whose term of
office has expired to wise the scale hills,
and record them in the hooks of the state
log-scaler’s office, within thii’ty days of
the day he vacates his office, of all logs
scaled hy him or deputies prior to the time
he surrendered the same to his successor, and
fash)
-P.39-for that purpose he shell have access to
the hooks of the office for a period of
thirty days; and ell hills so made and
recorded shall have the same validity as
if made and recorded during his term of
office. Bach of said state log-scalers
shall have ? seal of office, and shall
have engraved thereon the arm® of the
state of Washington, and the v-ords ttState
Log Scaler, ___ District,” and in eaid
blank space shall he inserted the number of
hi® district. [L. *27, p. 99, §2.]
-240§ 7072« (3105.) Oath and Bond.
Each state log-scaler shall, before
entering upon the duties of his office,
take an oath before some person qualified
to administer oaths, that he will faith-
fully discharge the duties of his office,
and also to execute a bond to the county
in which he holds his office with five or
more sufficient sureties, to be approved
by the county commissioners of such county,
in the penal sum of two thousand dollars,
conditioned for the faithful discharge of
his duties as state log-scaler, and for the
delivery over to his successor of all bills,
bonds, certificates and papers and other ef-
fects appertaining to his said office. The
bond and oath of office shall be recorded in
the office of the county auditor of the county
where such office is kept; and when there is
fa sh)
-241a failure to comply vith the conditions
of such bond, any person feeling himself
aggrieved may eoiuraence an action thereon
before any court having jurisdiction, and
a recovery thereon (by one) shall not ren-
der the bond void, but the same may be
prosecuted from time to time until the
Thole penalty is recovered, [L, ’97, p,
99, §3.]
l'(Wash)
242-§ 7073. (3106.) May Appoint Deputies
The state log-scaler may appoint any
number of deputies necessary to transact
the business of his district, with power
to remove any of them at his pleasure, and
it shall be the duty of such state log-scaler
to appoint at least one deputy for a county,
who shall thereafter be and reside in such
county, upon a petition being presented to
him by two or more master loggers showing
that active operations are being carried
on in the logging business by two or more
master loggers in ouch county. [L. ’97, p.
100, §4.]
243-3 7074, (3107.) Shall Scale, Lops, When
and How,
The state log-scaler, by himself or
hie deputy, -t the request of the owner of
any logs or timber, or any sheriff, coroner
or constable who has replevied, attached or
levied on any logs or timber, or any person
who has a written order from the owner for
the delivery of any logs or timber, to forth
with repair to any part of his district and
survey such logs or timber, and, upon com-
pleting such survey, to melee out a true and
correct scale bill thereof, stating the per-
son by whom, the time when and place where
such logs or timber was scaled, at whose re-
quest and to whom scaled, if to anyone, and
the scale mark placed thereon; the number of
logs, and, when requested by the owner or
any other person controlling the same, the
number of pieces of logs or timber, together
(Wash)
-244with the mark or marks thereon, and the
number of feet therein contained, and shall
sign the same; and thereupon he shall re-
cord such bill in the books of his office,
and, upon being paid his fees for such
services, he shall deliver the original
bill to the person for whom the logs or
timber is sealed, if any; if not, then to
the person requesting the survey* ho state
log-scaler, or deputy scaler, shall in per-
son survey ny logs or timber owned wholly
or in part by himself, but either may sur-
vey any such logs or timber owned wholly or
in part by the other: Provided, that where
logs which have been cut in any lumber dis-
trict in this state have been run out of said
district, it shall be lawful for the state
log-scaler of the district in which said logs
were cut, when requested so to do as above
provided, to scale said logs by himself or
deputy. The said scalers and their deputies
shall, in surveying or measuring logs, make
Wash)
-24bsuch allowance for hollow, rotten and
croked logs as would reduce and make them
equal to good, sound and straight merchant-
able logs, and in surveying shall throw off
all rotten, shaky or wany stuff, and make
the same equal to good merchantable 3 r.
And the figures showing such survey shall,
at the time of making the same, be entered
by the scaler in passbooks keut for the pur-
pose, which books shall bo preserved and
filed by the state log-scaler in his office
for the inspection of all persons interested
therein. The scale rule known as brew’s
rule is hereby adopted as the only rule for
the survey of logs in this state. [1. ’97,
p. 100,	§5.]
[Wash)§ 7075, (3108,) Objection to Scaler/3
Seal e-^Rescale •
Any person considering any scale of
the state log-scaler or any of his depu-
ties incorrect, whether he he the oimer or
the purchaser of the logs so scaled, may
contest said scale hy serving on the state
log-scaler of the district in which said
logs were scaled a copy of a notice of his
intention to contest such a scale and fil-
ing the original of such notice with the
clerk of the court in the county in which
said logs are situated, said notice to con-
tain a statement of hy whom and where the
logs were cut, the mark thereon, the num-
ber thereof, when and where they were scal-
ed and the amount of such sale, and where
the logs ere situated, and when and hy whom
moved from where they were originally
scaled, if moved at all, and the clerk
( ash)
-247shall enter the same as an action entitled
naming the party giving the notice as
plaintiff, and the state log-scaler ' s de-
fendant, three days after the serving and
filing of said notice, unon the application
of either party, the judge of the superior
court of said county, shall in open court
or at chambers appoint two disinterested
see.I-rs to rescale said logs. Each of said
persons so appointed shall forthwith scale
said logs, and if they do not a. ;ree as to
the quantity of lumber in said logs, then
they shall be deemed to agree upon the sum
of the smallest amount found by either of
them plus one-half the difference between
his and the other’s scale, whereupon they
shall make out a scale bill, as in this
chapter provided, also stating thereon, the
amount of lumber each found to be contained
in said boom, and the amount of fees due each,
and sign and file the same v/ith the same clerk
of said court, and they shall each be entitled
to receive for such services the fees allowed
( lash)
-248-by this act for such cervices, and in event
of there being a difference of more than
ten oer cent betxveen the original scale of
said logs by the state log-scaler and the
amount agreed uron by the parties appointed
to rescale said logs, then the court shall
give judgment against the state log-scaler
for all costs of such proceedings, includ-
ing the cost of rescaling said logs, and
order the state log-scaler to correct the
books of his office, so that they shall
show said logs to contain the amount ascer-
tained by the rescale of 8?id logs. In the
event of there not being more than ten per
cent difference between the scale of said
logs, then judgment shall be entered against
the plaintiff for the cost of the proceeding,
including the fees of the persons appointed
to rescale said logs. In the event of the
judgment of such proceedings being against
the state log-scaler, the person paying for
the original scale of said logs shall be en-
titled to recover from said state log-scaler
-249or his bondsmen the amount he may have paid
for such original scale end if he shall not
have paid for such scale, then the state log-
scalei' shall not be entitled to recover the
same• [L ♦ ’97, p, 101, § 6»]
( ash)
250§ 7076, (glOgjJ,_Duty to Scale When not
Requested in Certain Cages,
It shall he the duty of the state log-
scaler, or his deputy, to scale all lots or
booms of logs containing fifty thousand feet
or more, which may be offered for sale, wheth-
er requested to do so or not, if the same has
not been scaled, and it shall also be the duty
of the owner or purchaser of any logs to noti-
fy the state log-scaler of any logs in his pos-
session that have not been scaled, and any per-
son or association of persons who shall sell
or remove any such logs from the state, that
have been cut in the state before the same
shall have been scaled, shall be liable to
the state log-scaler for one-half the value of
such logs, so sold or removed from the state
without having been scaled, which sum shall be
recovered by the state log-scaler in a civil ao
tion, Mid v'-en so recovered, one-half thereof,
shall be paid by the state log-scaler into the
general school fund. [L. ’97, p. 102, §7.)
(Wash)
-251$	) Scaler* s Pees, Lien for.
The Fee® of the state log-scaler shall
he: Por surveying, scale marking, making
scale hills and recording the same and post-
ing in the ledger, three and a half cents
per thousand feet for all logs and timber
required to he surveyed; twenty per cent
of the aforesaid fees shall he paid hy the
state log-scaler, at least every three months
into the general fund of the state treasury,
for recording any log mark, fifty cents; for
making and certifying a copy of any matter
which may he on record in his office, or for
making duplicate scale hills, ten cerxt^ per
folio, and fifty cents for each certificate
thereon; for recording any instrument in
writing authorized to he recorded in his of-
fice, other than scale hills, ten cents per
folio, payable when such instrument is pre-
sented for record and before it is recorded,
.and no such instrument shall he deemed re-corded until it is entered upon the index
to the records And for the purpose of se-
curing to the state log- scaler the payment
of his fees, whether the same are for sur-
veying, making scale bills, or recording the
same, or for any or all such services, such
state log-scaler shall have a lien upon all
such logs or timber surveyed and marked by
him for the amount due for his services there-
on, and may retain such lien y affixing the
scale bill of such logs or timber and notify
the same on the record of his office, before
the delivery thereof, a true statement of the
mount due him thereon, and. that he claims a
lien thereon for such amount and costs of col-
lection; and any person who shall purchase,
sell or remove said logs from the state shall
be liable to the state log-scaler for the pay-
ment of said fees, and at any time that he may
deem himself in danger of losing such lien, he
may take possession of sufficient quantity of
such logs to cover the amount of his lien and
the costs of recovery, and if his bill is not
Wash)
-253paid within thirty days, after notice of
[to] the owner or person in possession or
in charge of said logs, then the state log-
scaler may sell at public auction enough of
such logs or timber to pay the amount due
him, with the costs of collection, first giv-
ing ten days1 notice of such sale by posting
up five written notices thereof, one in his
office, and one in each of the four most pub-
lic places in the town or city where the sale
is to be made, and at such sale the state log-
scaler may become the purchaser. The sale may
be made by the sheriff or any constable of the
county. The only costs of collection allowed
shall be ten per cent on the amount payable to
the state log-scaler. [L. *97, p. 103, §8.]
Wash)
-254§	(5111.) Books in Office of Log-
seal er,
The hooks of record in the stf te log-
scaler’s office shall he,--First: A hook
in which shall he recorded the scale hills
of all logs, timber and lumber surveyed hy
the state log-scaler;
Second: A hook to he kept in ledger
form, in which shall he posted end recorded
as soon as any logs or timber is surveyed,
separately and under their respective marks,
all the logs and timber of each particular
mark surveyed, together with the date of
scale, the number of logs and the number of
pieces of timber, for whom scaled, if to any-
one, and the number of feet; which hook shall
he kept posted up so that it will show the
matter above stated concerning each mark of
logs scaled during each month. And the state
log-scaler shall ,-ke and deliver to any per-
son demanding the same a certified transcript
V/a sh)
-255of said record, as to mark or marks of logs
or timber, upon being paid ten cents per
folio, and the sum of fifty cents for his
certificate of the same; and an index of the
names and marks contained in each of said
hooks shall also be kept. Any hooks of the
description before named, which have been
kept in the office of the state log-scaler
and which belong to said office, are here-
by declared to be the records of said of-
fice, and to have and be of the same va-
lidity, force and effect as if the same
had been kept by express authority of law.
All the books of record hereinbefore men-
tioned and authorized to be kept in the of-
fice of any state log-scaler are hereby de-
clared to be public records, and of as high
degree of evidence as the original instru-
ment therein recorded, and shall, in all
courts and Places in this state, be taken
and held prima facie evidence of the mat-
ters therein stated, and such books shall
sh)
25 bnot toe recovered from the state log-scaler’s
office, tout any paper purporting to toe a
copy of any matter or thing of record in such
office, certified under the hand of the state
log-scaler or his deputy to toe a correct tran-
script from the records in such office, shall,
in all courts of this state, toe received and
read as priina facie evidence of the matters
and things in such record contained and of
the matters therein stated. [L. ’97, p. 104,
§S.]
(Wash)
25?i 7C79. (j!12.) j;eport_tp Governor.
The state log-scaler shall make a
report of the total number of feet of
logs which he has surveyed in his dis-
trict for the year ending the last day
of October, before the last day of I ovem
her of each year, to the governor of the
state. [L. ’97, p. 105, §10.]
258Chapter II
LUMBER AUD SHINGLE WEIGHERS
§ 7080.	(3115.) State eighers, How
Appointed.
It shall be the duty of the governor
to appoint state weighers, to weigh ell
shingles and lumber to be shipped beyond
the limits of this estate. That there shall
be one weigher appointed for each of the
transcontinental railroads running into
this state, and that the office of said
weighers shall commence when this act goes
into effect. That the term of office of
said weighers shall be for the period of
four years. [L. »95, p. 380, §1.]
ih)
259-§ 7081.	(3116.) Weighers, Removal _of.
The governor shall have the power,
and it is hereby made his duty, unon re-
ceiving a petition in writing from five
manufacturers of shingles or lumber, com-
plaining of the wrongful acts of any of
said weighers or their deputies, to in-
vestigate such charges and in his discre-
tion to remove such weigher and to ap-
point a successor for such weigher. (I.
•95, p. 381,	2.]
-26. -5 7oegr. (fo*? * L ^puty t Opth and_ Bond.
Each weigher and each deputy shall,
before entering upon the duties of his
office, take and subscribe an oath that
he will faithfully discharge the duties
of his office to the best of hie knowl-
edge and ability. Each weigher shall ex-
ecute to the state of Washington a bond
with two or more sureties, to be approved
by the secretary of state, in the sum of
three thousand dollars, conditioned that
he and his deputies will faithfully per-
form their duties as lumber and shingle
weighers, and if said lumber and shingle
weighers or his deputy shall fail to keep
the conditions of said bond, then the per-
son aggrieved by his or their wrongful act
shall have a right of action against said
weigher and the sureties on said bond, and
I Wash)
261they shall he liable on said bond for any
judgment recovered in guch action to the
amount of the penalty of such bond. The
oath and bond shall be filed with the sec-
retary of state. [L. *95, p. 381, §3.]
-262-; 2 • ( 2118.	' ail roads to	€ s1
It shall be the duty of each of said
railroads to construct scales capable of
weighing cars loaded with lumber or shin-
gles shipped from that portion of Washing-
ton west of the Cascade mountains at some
point on their respective lines and within
the limits of this state for the purpose of
weighing said lumber and shingles; and that
it shall be the duty of each of said rail-
road® doing business east of the Cascade
mountains to maintain scales on the east
side of the mountains and within the limits
of this state for the purpose of weighing
lumber and shingles manufactured on each
wide of said mountains. [L. ’95, p. 381,
§4.]
Gee, also, next nectlcm.
<ash)
263§ 7084, Railroads to Provide jScales—
Freight eights.
All railroad companies operating any
railroad or any part thereof within the
limit a of this state are required to pro-
vide scales and weigh at some common point
or pointe within this state all cars loaded
with lumber, shingles or any other forest
products destined for shipment to any and
all points within the limits of the state,
and also car load shipments of said co.. ■mod-
ities to any and all points outside of the
limits of this state, .Also that charges for
freight on said commodities be based on the
weights determined by the weighing stations
within the limits of this state. Also that
all bills of lading of railroads operating
within the limits of this state specify said
provision. [I. ’01, p. 300, §1.]
264§ 7065, (5119,) Deputies.
ISach weigher shall have the right to
appoint one or more deputy weighers. [L.
*95, p. 382, §5.]
§	•, 13120,) eigher, Duty of.
All lumber and shingles to he shipped
beyond the limits of this state by railroad
shall first he weighed hy said weigher or
his deputy at the place where said scales
are located. [L. *95, p. 382, §6.]
265-§	*) Jiail roads to Acc ept
Weight s—P enalty.
If any lumber or shingles shall be
shipped 'beyond the limits of this state
by any railroad co/io any before being weigh-
ed by said weigher or hi© deputy, ©aid rail-
road shall be co polled to accept the weight
named in the affidavit (if there be any af-
fidavit) attached to the bill of lading, and
in all cases where there is no such affidavit
attached, said cars of shingles or lumber shall
be weighed by said weigher in every instance;
any failure to comply with the above require-
ments shall be adjudged a misdemeanor, and on
conviction thereof shall, for each offense, be
fined in any sum not less than five hundred
dollar© nor more than two thousand dollars* [1*
’95, p. 382, §7.]
-266S 7088. _(3122.J „to Contaiji,
Wat.
Upon weighing said shingles or lumber,
the weigher or his deputy shall make out a
hill, stating therein the names of the con-
signor and the consignee, the destination of
said car of shingles or lumber and the place
fro Lch said car was hilled, the name of
the railroad owning such car and the number
of said car, together with the number of
shingles or amount of lumber said to be con-
tained in such car, and the total weight of
shingles or lumber contained therein. He
©hall enter upon the books of hie office,
to be provided by him and kept for that pur-
pose, a correct copy of said bill, pnd shall
mail or deliver to the consignee two correct
copies of said bill, and to the agent of the
railroad over which ©aid car is shipped one
ash)
267correct copy of said bill, with the cer-
tificates thereto attached, that it is a
true and correct bill, which bill so cer-
tified shall be presumptive evidence of
the facts therein contained, [L. ’95, p,
382, §8.]
Wash)
-268§ 7089 • (312.5.; I'eea.
Each weigher or his deputy shall re-
ceive and collect from the railroad by which
said lumber or shingles were received, the
sum of fifty cents a car for each and every
car of lumber or shingles weighed by him.
[I. '95, p. 382, §9.]
When any cars shall have been weighed,
as herein designated, the said weight shall
constitute the bases by which the weight of
said lumber or shingles shall be determined.
[I. ’95, p. 382, §10.]
f ash)
269-Chapter III
UJRKIN6 AO DRIVING.
5	«_ £5128.) ^Icgs g?l Ti;rl?er Put Afloat
must be . arked.
Every person or copartnership who shall
put any logs or timber into any river, or its
branches or tributaries, small lake or its
tributaries, bayou, marsh, or ditch in this
state, for the purpose of rafting or float-
ing the same to any place for manufacture or
sale, shall have some mark or marks, pre-
viously selected by him or them, inpressed
in a conspicuous place upon the end or sur-
face of each log or stick of timber so put
into any of said waters. [L. *90, p. 110,
§1;	1 H. C., §2388.)
fee infra, §7110 et seq., boom companies.
270-5 7Q92* (3129•)__rks to he Recorded--
otice.
Before any such mark or marks shall be
used, it shall he the duty of such -person or
copartnership to cause a diagram and written
description of the same, certified and signed
hy the owner or owners thereof, to he record-
ed in the office of the auditor of each county
through which such logs or timber shall he
floated for manufacture or sale, and also to
give notice in writing to each log running
or booming company doing business on any wa-
ters on which the logs or timber are float-
ed, of such mark. The diagram and written
description, to be recorded as aforesaid,
must be different from any diagram and de-
scription already recorded in said office
claimed by any other party. For recording
and indexing the diagram and certificate
aforesaid, the auditor shall be entitled to
demand and receive a fee of twenty-five cents.
[I. *90, p. 110, §2; 1 H. C., §2359.]
(Wah)
-271
7093. (31jO .) Audi t o t o he cord . ark g,
.etc^»f ees *
It shall he the duty of any such auditor
to record, in a hook to he kept for that pur-
post, all arks and descriptions of arks fur-
nished to him for that purpose, which are dif-
ferent fro.) any other ark or description there
recorded, which hook shall he, at all reason-
able ours, open to the inspection and exami-
nation of any person requiring it; and each
of said auditors shall he entitled to receive
for his fees, for each mark and description,
recorded, twenty-five cents, to be paid in
advance by the part; having the same recorded.
[L. ’90, p. Ill, 3;	1	C., §2360.]

( ,'ash)
-27 2§ 7094. (3131.)	arks--3 resumption
' ' ..JWJBfJtiTSr:' --------    -■-—;    ei.f-y—
Arising from.
Any log® or timber having any such
recorded mark or marks impressed thereon
shall he presumed to belong to the p; rty
or parties in whose name said mark or
marks shall have been recorded. [I. ’90,
p. 111, 54; 1 H. C., §2361.]
§	• (3132.)	? 'i r.r ■* to .tmrr.
Effect of.
Svery person or copartnership who shall
negleet to have his or their mark or marks
recorded, as required in section 7092, shall
he debarred from all the benefits arising
from the due recording of such mark or marks
and the vendee or assignee of any such logs
or timber shall be subject to the some regu-
lations and restrictions. [L. ’90, p. Ill,
§5; 1 n. C., §2362.]
273-§ ?PPP-.s- -t	sssJes**
P en al tyfor 1:aki jig.
If any person shall falsely make,
forge, or counterfeit such mark, nd
use the same in marking logs or timber,
knowing the same to be the mark of another
person, and with intent to defraud, hall
be guilty of felony, and shall be punished
by imprlsonment at hard labor in the state
prison not to exceed five years, or by fine
of not less than one hundred dollars nor
more than two thousand dollars. [L. ’90,
p. Ill, 56;	1 n. C., §2365.]
See, also, §2595, supra.
(Wash)
-274§	__Alteration of ark or
Brand—? enal ty for •
If any person, corporation, or partner-
ship shall willfully and knowingly, or by
gross carelessness, alter or deface, oblit-
erate or destroy, any of such brands or marks
hereinbefore provided for, or shall request
or order the same to be altered, defaced, ob-
literated, or destroyed, and the same is al-
tered, defaced, obliterated, or destroyed in
pursuance of said request or order, said per-
son, corporation, or partnership so altering,
destroying, obliterating, or defacing such
brands or marks, or requesting or ordering
the same to be done, and it appearing the
same was done in pursuance of said order or
request, shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished
by a fine of not less than two hundred dollars
and not more than five thousand dollars. [L.
•90, p. Ill, 7; 1 II. G., §2564.]
See, also, >2594, supra.
*¥ash)
275a§ 7099. , (3136.) Improvements for Logging
may	I- ad e i o n St re ams.
It shall he lawful for any person or
company interested in logging to make such
improvements on any stream used for logging
within the state of Washington as may he
necessary to carry on said logging business;
that such improvements may consist in clear-
ing out obstructions and straightening the
channel by cutting across sand or gravel bars
and that side darns and sheer booms may he
used in making such improvements. [L. ’91,
p. 207, §1;	1 H. C., §2368.]
See supra, ,5200, casting sawdust in
streams, penalty.
aIt is observed that Rem. and Bal. Code,
in numbering these successive Sections, omits
the number ”7098.	(3135).”
276-§ 7100. (3137.) Right of Owners to 5’ence
Ac r o s spire aing •
Owner® of land or their agents shall
have the right to fence across all unmean
dered streams at any tine when such str
are not used for a public highway, or
making a fence that will not be an
tion. (1. '91, p. 207, §3;	1 II. C.,
Section 2 of this act was vet
the governor.§ 7101« Unlawful to Take Up...Branded . Logj--
Record of Brand,
It shall be unlawful for any corporation
except boom companies who are compelled to
catch and hold log®, soars, piles, boom sticks
shingle bolts, -nd other timber of value, or
any person, or persons, to take up, and it
shall be unlawful for any corporation, per-
son or persons to sell, dispose of, or ap-
propriate to its, his or their own use, any
saw-logs, hewn or other tinber of value found
on the bank or banks of, or adrift on any
bay, harbor, river, stream, bayou, marsh,
ditch or other waters in this state that
shall be marked with any mark, or brand,
without permission of the owner thereof or
hi© agent: Provided, the person or persons
claiming such mark or brand shall have had a
description and diagram thereof recorded in
the office of the auditor of any county in
this state as provided by law, and knowledge
•tfash)
-278of the ownership of all such timber for the
purpose of this act shall be conclusively
presumed upon proof that said timber was
properly marked, and that the description
and diagram of marks had been theretofore
duly recorded as aforesaid. [L. *01, p.
262, §1; L. *60, p. 300, §1; L. *63, p.
444, §1; Cd. *81, §3248.]
Por former laws repealed by act of
1901, see al. Code, §§3135, 3291, 3292,
3293, 3294, 3295, 7126, and 7127.
See L. *83, p. 60, g§l, 2, special
act applying to Whatcom and Snohomish
counties, and L. *86, p. 117, §1, adding
Skagit and Island counties.
Special act in L. *79, p. 38, §§1-4,
relating to Snake Kiver.
’•Act” in this section refers to §§
7101-7105.
-279§ 7102, Unlawful to Buy, When Fraudulently
? arked.
It shall he unlawful for any person
knowingly to purchase from anyone taking
up any saw-logs, spars, piles, boom sticks,
shingle holts, hewn or other timber of
value found adrift on any hay, harbor,
river, stream, bayou, marsh, ditch or other
waters in this state, that shall he marked
with any mark or brand without permission
of the owner thereof or his agent. [L. ’01,
p. 263, §2.]
Wash)§ 7103* Penalty.
Any person or persons violating any
of the provisions of the two preceding
sections shall he deemed guilty of a mis-
demeanor, r-nd on conviction thereof shall
he fined in any sum not exceeding three
hundred ($300) dollars. [L. ’01, p. 263,
§3.]
Wash)
-281§ 7X04. Owner may Enter and Take—
Penalty for Obstruction•
The owner of any such log, spar, pile,
boom stick, shingle bolt or other timber of
value who has a mark or brand recorded, as
provided by law, or who claims ownership of
or the right to possession of such log®, spars,
piles, or other timber, by, through, or under
a person having such recorded mark or brand
may at any time lawfully, by himself or his
agent enter in a peaceable manner into or up-
on any mill or mill boom, or raft of logs,
spars, piles or other timber on any of the vo-
ters of thio state, in search of any such log,
soar, pile, booxp stick, shingle bolt or other
timber, which he may have lost, and retake
the same; and any person who shall willfully
prevent or obstruct such search when ouch
search is being made in good faith, or pre-
vent the retaking of such log, spar, pile,
(hash)
282-boom stick, shingle holt or other timber,
shall be deemed guilty of a misdemeanor
and on conviction thereof, shall be fined
in any sum not exceeding one hundred, dol-
lars. (L. ’01, p. 263, i'4.]
§ ? 10fir :rongfully Taking
up jxanlej Jpo.%g •
Any person or persons, or corporation
who shall take up or cause to be taken up
and manufactured into lumber or shingles,
any saw-log, piling, shingle bolt, or other
ti her of another, as provided in this act,
whic i saw-log, oiling, shingle bolt, or
other timber, s sail have been previously
branded with the mark or marks of the owner
or owners thereof, end the diagram and de-
scription of which shall have theretofore
( /ash)
28 3-been duly recorded in the auditor’s office
of any county in this state as hereinbefore
provided, without the permission or request
of said owner, shall forfeit to the owner of
said timber ten times the value thereof to be
recovered in an action at law; and every em-
ployee or agent of the person, persons or
corporation who shall aid or assist in tric-
ing up such timber, or who shall aid or as-
sist in such manufacture, shall be .jointly
or severally liable with his principal for
such penalty. [L. ’01, p. 264, §5.]
*ActH in this section refers to . §7101-7105.
Wash)
—284 —Chapter IV
TOLL LOGGING ROADS.
5	Incorporation and Property Bights.
Any two or more persons may incorporate
a company, having for its principal object
the construction, maintenance and operation
of logging roads, chutes, flu les and artifi-
cial watercourse©, or waterways and other
ways, 'or the transportation of logs and
other timber products. Such corporation
shall, have power to acquire, hold, use and
transfer all ^uch real and personal prop-
erty as shall he reasonably necessary for
carrying on the business of such corpora-
tiou. [L. '06, p. 161, §1.]
’.i'ash)
285§ 7107. Power to Construct and Operate
Logging Roads,. etc.
Such corporation shall have power to
build, construct, maintain and operate log-
ging roads, whether skid roi?ds, railroads
or any other kind, also chutes, flumes and
artificial watercourses, waterways and other
ways, for the transportation of logs or any
other timber products, together with all
necessary yarding grounds, rollways and
landings. [I. ’05, p. 161, §2.]§	Duty of Carrier--Tollg, Bight to
Charge, ?nd Lien for.
After any such logging road, way, chute,
flume or artificial watercourse or other im-
provements shall have been constructed, such
company shall transport all timber products
offered to it for carriage as its means of
transportation are adapted to carry, 'nd such
company shall have the right to charge rea-
sonable tolls for the use thereof, which tolls
shall be uniform, having due regard to the por
tion or length of any such logging road, way,
chute, flume, or artificial watercourse or
other improvements used by any person. Such
company shall have a lien for the amount of
its reasonable tolls and charges upon any and
all logs or other timber products transported
by it over its logging road, way, chute, flume
oi’ artificial watercourse, lotice of such
lien shall be filed, and the same shall be en-
forced, in the same manner as is now or may
hereafter be provided fox* the filing and en-
forcement of liens on logs by boom companies.
[L. *0b, p. 162, §3.)
(hash)
287§ *7109* Hight of Eminent pomain.
Such companies shall be deemed quasi
public companies and common carriers, and
any such company shall have the right of
eminent domain and shall have the right to
appropriate and condemn lands and property
for its use. Such right of condemn&tion
and of eminent domain shall he exercised
in the same manner as is now, or may here-
after he, provided by law for the condemna-
tion of property by ordinary railroad cor-
porations exercising the right of eminent
domain: Provided, that the right of eminent
domain shall not he exercised by any such
corporation with respect to any residence.
And provided further, that any property ac-
quired by ^.uch corporation under the provi-
sions of this chapter by the exercise of
the right of eminent domain shall be used
-288exclusively for the purposes of this chap-
ter; and whenever the use of such property
as herein contemplated shall cease for the
period of one year, the property shall re-
vert to the original owner, his heirs or
assigns. Nothing in this chapter shall he
construed to authorise the taking or damag-
ing of any power plant constructed or being
constructed for the creation or utilisation
of water power. [I. ’05, p. 162, ?4»]
sh)
-289-Chapter \r
BOOM COMPANIES.
5	> .1.4 3? 8.«). „ Appropriation of Property
by Corporations^Qrganiged to Build Booms,
Any corporation heretofore or hereafter
organised in the state of Washington for the
purpose of catching,, booming, sorting, raft-
ing, and holding logs, lumber, or other tim-
ber products, shall have power to acquire,
hold, use, and transfer all such real and
personal property or estate, by lease or
purchase, as shall be necessary for carry-
ing on the business of said corporation. If
such corporation shall not be able to agree
with persons owning land, shore rights, or
other property sought to be appropriated, as
to the amount of compensation to be paid
therefor, the compensation therefor may be
/ash)	-290-assessed and determined and the appropria-
tion made in the manner provided by law for
the appropriation of private property by
railways: Provided, that any property ac-
quired under the provisions of this chapter
by the exercise of the right of eminent do-
main shall be used exclusively for the pur-
poses of this chapter, and whenever the use
of said property as herein contemplated shall
cease for a period of one year, the same shall
revert to the original owner, his heirs or
assigns, upon the repayment of the original
cost of same. [1. *90, p. 470, §1;	1 h. C,,
§1590.]
See infra, §§7119-7126, which appear to
be a supplemental act not intended to abrogate
the provisions of this act.
See notes to §§7119, 7123.§ 7111« (4579,*) To_.File Plat or Survey of
Property Sought tobe Appropriated•
Any corporation hereafter organised
for the purpose mentioned in the last pre-
ceding section, shall within ninety days
after its articles of incorporation have
been filed, proceed to file in the office
of the secretary of state a plat or survey
of so much of the shore lines of the waters
of the state and lands contiguous thereto
as are proposed to be appropriated for said
purpose by said corporation. Any corpora-
tion heretofore organised in the territory
of Washington for any of the purposes ex-
pressed in the last preceding section, shall
file such plat within ninety days efter the
passage of this act. Such plat shall be made
from the records of the United States in the
surveyor general’s office of this state, or
by competent surveyor, subsequent to actual
survey. Such corporation may from time to
-292time whenever it desires to extend its
operations to portions of streams not em-
braced in its original plat, or to other
streams tributary to the stream or streams
described in such original plat, or any
portion of such streams, or in any manner
to change, modify or correct its original
plat, file additional plats or surveys in
the office of the secretary of state, of
so much of the shore lines of the waters
of the state and lands contiguous thereto
as are proposed to be appropriated for said
purposes by said corporation, and whenever
by reason of floods or otherwise, the chan-
nel of any stream shall be so changed as to
put such stream beyond the limits of said
original plat, or any supplemental or addi-
tional plat filed pursuant to the provisions
of this section, such corporation may file
in the office of the secretary of state ad-
ditional plats or surveys showing the change
(Wash)
-293-in said channel ' nd so much of the shore
lines of the waters of the state and lands
contiguous thereto as are proposed to he
appropriated for said purposes by said cor-
poration which shall vest it with the same
right® that it acquired by the filing of
said original plat. [L. ’90, p. 470, §2;
1	. C., §1591; L. ’07, p. 76, §1.]
"This act" reiers to ,,57110-7118.
Wash)
-294§ 7112* (4360.) Boom Structure®, Power
to Build,_ etc.
Such corporations shall have power and
are hereby authorised, in any of the waters
of this state or the dividing waters there-
of, to construct, maintain and use all nec-
essary sheer or receiving ho oris, dolphins,
piers, piles or other structure necessary or
convenient for carrying on the business of
such corporations Provided, that such boom
or booms, sheer booms or receiving booms shall
be so constructed as to allow the free pas-
sage between any of such booms and the oppo-
site snore for all boats, vessels or steam
crafts of any kind whatsoever, or for ordinary
purposes of navigation. [L. ’90, p. 471, §3;
1 H. C., §1592.]
Gee notes to §7110, supra.
See supra, §2656, malicious injury to boom.
See supra, §6776, lease of tide lands for
booming purposes.
-295-
(Wash)J 7113. (4381.) Coll option o <ls—
Duty of Corporation—Lien.
After such works shell have been con-
structed, such corporation shall catch, hold
and assort the logs and timber products of all
persons requesting such service, upon the same
terms and without discrimination; and shall
have the right, in consideration of the con-
venience and security afforded to the public
in the handling of logs and timber products,
to charge and collect tolls on all logs or
other timber products caught within their
works and upon the order or request of the
owner or owners thereof, and there assorted,
boomed or rafted; said tolls shall not exceed
seventy-five cents per thousand feet on logs,
spars or other large timber, and reasonable
rates on all other timber products: Provided,
that it shall be the duty of any corporation
operating a boom at the mouth of any river, to
catch and hold, assort, boom and raft all logs
-296and timber products, except such as may
be already in charge of its owner or his
agents, without request of the owner or
owners, and shall have the right to charge
and collect tolls not to exceed seventy-
five cents per thousand feet for such
service. The araount of logs or timber is
to be board measure, to be ascertained by
the usual legal method of scaling; and such
corporation shall have a lien upon the logs
and timber products for the driving, float-
ing, booming, sorting and rafting thereof,
and the right to enforce such liens in any
manner provided or that may be provided by
law for the enforcement of liens upon per-
sonal property. Such corporation shall, as
soon as practicable, deliver logs or other
timber products caught within their booms,
sorted and rafted ready for tewing, to the
owner or owners thereof, nd if required to
hold such property for more than thirty days
shall have the right to charge a reasonable
rate for such storage for the period of ex-
cess. [L. ’90, p. 471, §4; 1	. 0., §1593.]
( /ash)
-297It shall be the duty of all said boom
corporations, in assorting, to separate the
logs, lumber, or other timber product©, into
separate booms ready for towing, ©o that log©
or other timber product© ©ball go to the mill
or plaoe intended for use ox* storage, in one
or more booms: Provided, that in case more
than one boom be located on or in the same
river or its tributaries, the corporation
owning the upper boom or works ©hall pass,
free of charge, all saw logs ox* other timber
products consigned to the lower boom or booms.
[L. ’90, p. 472, §5;	1 h. C., §1694.]
(Wash)
-298§ 7115. (4383,) Record of Assorted Rafts
to be Kept, and to Show What.
It shall be the duty of every corpora-
tion organized and transacting business under
the provisions of this chapter to keep, in
the office of its secretary, open to public
inspection, a book or books in which shall
be truly recorded the facts, so far as known,
regarding each and every raft by it assorted.
Such record shall specify--
1.	Names of owners;
2.	Harks or brands;
3.	Number of logs in each boom;
4.	Number of feet in boom;
5.	Name of steamer receiving possession;
6.	Late of departure from boom. [L. ’90,
p. 472, §6;	1 H. C., §1595.]
299-
3 7116. _(434Sj , Liability for Logg^of
hO^o^ |. c^leCbt cjtC •
Corporations organised in accordance
with the provisions of this act shall he
liable to the owner or owners of logs or
other timber products for all loss of dam-
age resultant from neglect, carelessness,
or unnecessary delay on the part of ser-
vants of such corporations: Provided, that
loss caused by fire and ice, which cannot
be reasonably guarded against, shall not
be construed as resultant upon neglect or
carelessness* on the part of the corporation.
[L. 'SO, p. 472, §7;	1 H. C., §1596.]
"This act" refers to 5§711O-7118.
(wash)
-30C5 7jA7* (4385.) Additional biaMIity_for
Neglect to Assort and Deliver Logs.
In addition to such damages as are herein
provided for, any corporation willfully neg-
lecting to assort and deliver such logs and
timber products according to the provisions
of this act, it shall he liable to a fine
not exceeding twenty per centum of the value
of such property which it shall have failed
to deliver, but no such corporation shall be
liable to such damages or penalty if said
owner or owners of such logs or timber prod-
ucts shall have failed to furnish the neces-
sary boom sticks and chains to raft the sane.
x
[L. ’90, p. 472, §8;	1 H. C., §1597.]
"This act" refers to §§7110-7113.
Wash)
301-§ y7ll&* (4366.)_ futile Highways and Cor-
noralions, ^hat Declared to he.
All meandered rivers, meandered sloughs,
and navigable waters in this state shall be
deemed as public highway®, and said corpora-
tions shall be declared public corporations
for the purpose of this act; and the improve*
ment of such streaias, sloughs, and waters
©hall be deemed and declared a public use end
benefit, [L. »9C , p. 473, §9}	1 H. C., §1598.)
wThxs act1' refers to the preceding sec-
tions of this chapter.
-3025 711g« ll?'	w Organized, and rowers of•
Any corporation having for its object,
in whole or in oart, the clearing out and
improvement of rivers and streams in this
state, and for the purpose of driving, sort-
ing, holding and delivering logs and other
timber products thereon, may be organized
under the laws of this state, and in accord-
ance with the provisions of Chanter I, of
Title XXV of this code, end such corporations
shall have all powers and be subject to all
the liabilities and duties therein raentioned.
[L. *95, p. 128, §1.]
Reference to this code substituted for
reference to Hill’s Code.
See notes to §7110, supra.
See sunra, §7070 et aeq., scaling and
measuring logs.
See supra, §7091 et seq., marking and
driving logs.
See notes to §943, as to when action of
becomes a nuisance.
Wash)t 7120. (4388,) Power to Acquire Property--
Eminent Domain.
Such corporation shall have power to
acquire, hold, use and transfer all such
real and personal property or estate, "by
lease or purchase, as shall he necessary
for carrying on the "business of said cor-
poration. If such corporation shall not
be able to agree with persons owning land,
short rights or other property sought to
be appropriated, as to the amount of com-
pensation to be paid therefor, the compen-
sation therefor may he assessed and deter-
mined and the appropriation thereof be made
in the manner provided by law for the appro-
priation of private property in chapter 5
of title 6 (§921 et seq.): Provided, that
any property acquired under the provisions
of this act for the purposes herein mentioned
by the exercise of the right of eminent domain
shall be used exclusively for the purposes
(Wash)
-304 —aforesaid; and whenever the use of said
property acquired by the right of eminent
domain, as herein contemplated, ©hall cease
for a period of one year, the same shall
revert to the original owner, hi© heirs
or assigns. [I.	»95, p. 129, §2.]
’’Act** in this section refers to ‘
7119-7126.§	• (4389.♦) Plats of ■
V/hen Piled.
I	Any corporation organized for the pur-
poses mentioned in section 7119 shall, within
ninety days after its articles of incorpora-
tion shall have been filed, proceed to file in
the office of the secretary of state a plat
of survey of so much of the shore lines of
the waters of the state or of any of the
rivers or streams thereof and lands contig-
uous thereto e.s are proposed to he appropri-
ated for such purposes by said corporation.
Such nlat shall he made from the records of
the United States in the office of the sur-
veyor general of this state, or by a compe-
tent surveyor, after actual survey, from the
notes thereof, and wherever such appropria-
tion is .made upon unsurveyed lands, then by
an actual survey made by a competent surveyor.
(Wash)	-306-
■Such corporation may from time to time
whenever it desires to extend its opera-
tion© to portions of stream© not embraced
in its original plat, or to other streams
tributary to the stream or streams describ-
ed in such original plat, or any portion of
such streams, file additional plats in the
office of the secretary of state, and when-
ever by reason of floods or otherwise, the
channel of any stream shall be so changed
as to put such stream© beyond the limits of
said original plat, or any supplemental or
additional plat filed pursuant to the provi-
sions of this section, such corporation may
file in the office of the secretary of state
supplemental plats showing the change in said
channel which ©hall vest it with the same
rights that it acquired by the filing of said
original plat. [L. ’95, p. 129, §3; I. *05,
p. 232, ,1.3
-307



§ 7122. (4390.*) General^Powers	“
Abutting Owners may Remonstrate«
Such corporation shall have power and
is hereby authorized in any of the rivers
and streams of this state, or the dividing
waters thereof, to remove jams, roots, snags
and rocks, improve and straighten the chan-
nel, build wing dams and sheer booms, con-
struct dams and gates, or otherwise, for the
purpose of storing water with which to pro-
duce artificial freshets and for the purpose
of holding logs and other timber products and
in all ways to improve such streams and rivers
for the purposes herein mentioned and contem-
plated. Provided, that no such wing dam, sheer
boom, dam with gate or otherwise, shall be so
constructed, maintained or used as to in any
manner obstruct or impede the outlet of such
stream: And provided further, that if any
such wing dam, sheer boom, dam with gate or
otherwise shall be so constructed, maintained
(Wash)
308-



or used as to interfere with the use for any
purpose of the waters of any stream so dam
[dammed] or used, or any of its tributaries,
or in any manner to injure or damage any lands
adjacent to such stream or its tributaries,
compensation for such interference with the
use of such water and for any such injury or
damage shall be first assessed and determined
and the appropriation thereof may be made by
the exercise of the power of eminent domain
in the manner provided in section 7120: Pro-
vided, however, that whenever the owners of
more than one-half of the land lying alongside
or abutting on any stream affected by the tide,
proposed to be improved according to this act,
shall file with the board of county commis-
sioners of the county in which said river is
situated a remonstrance against any improve-
ments of so much of the stream as is affected
by the tide, it shall then be unlawful for any
corporation to take the land or any slough
within the territory owned by any such remon-
strancers: Provided, that such remonstrance
(Wash)
-309shall be filed with said board within fifteen
days from the filing of said plat, nothing
in this act shall be construed to authorize
the taking or damaging of any power plant con-
structed or being constructed for the creation
or utilization of water power. [L. *95, p.
129, §4; L. ’97, p. 39, §1; L. *05, p. 108,
§1.]
’’Act’1:	See note to 7110, 7120, supra.
(Wash)-
310712?. (4391.*) Rights of Owners of
Y imb cr	6 ~-iens •
After such corporation shall have
entered upon its duties, which shall "be
within three months of the filing of its
maps of location, such corporation shall
come in streams theretofore navigable,
upon the request of the owners, and in
case of logs and other timber products
being com ingled, or lying in such a posi-
tion as to obstruct or impede the drive,
wit out such request: . Provided, that when
a navigable stream upon which it was not
previously practicable to float logs or
other timber products is improved b clear-
ing out rocks, straightening the channel,
or the construction of wing dams and sheers
by the corporation having a charter thereon
and thereby aiding and assisting the float-
ing of logs and other timber products, a
corporation shall be entitled to driving
(Waah)
-311charges on all such logs or other timber
products placed in said stream without re-
quest to drive the same, and in streams
not navigable before such imp3*0vements
were made, without request, sluice, sack
and drive all logs and other timber prod-
ucts of suitable length that may be placed
in the beds of the stream improved as afore-
said, or that may be delivered into its ponds,
and shall handle all such logs and other tim-
ber products of all persons upon the same
terms, without distrimination as to time of
sluicing, sacking and driving such logs, or
other timber products, and shall be entitled
to charge and collect reasonable and uniform
tolls for such services and improvements, on
all logs and other timber products so handled,
or sheered out of sloughs or off of bars by
means of such improvements; such tolls shall
not exceed one dollar per thousand feet,
board measure, on logs, spars, or other large
timber, and reasonable compensation on all
-312-other ti aber products, for the use of such
improvements, and for sluicing, sacking end
driving the same, such charges to be fixed
by the board of trustees of such corporation
in proportion to t ie distance such timber is
to be driven and the number of dame through
which the same is necessarily sluiced or
sheered, and in case any such corporation
shall be engaged in the booming end rafting
of logs and other timber so sluiced, sacked
and driven, an additional sum not t exceed
sixty cents p«r thousand feet for logs, spars
and other large timber, and reasonable com-
pensation on all other timber products may
be charged for booming and rafting the same;
the amount of such logs and other products
is to be determined by the usual method of
scaling, and such corporation shall have a
lien upon all logs and other timber products
handled for sluicing, sacking ano. driving,
and for booming and rafting the same, to be
-313enforced i any manner now or hereafter
provided by law for the enforcement of
liens for labor on logs. [.r . ’95, r.
130, <6; L. ’01, p. 295, §1; I. ’09,
p. 816, §1.)
See notes to 7113, eupra.
fash)
-314-5 .7.124._j_4392.) hams^jss.
Any corporation acting under and in
accordance with the provisions of this act
shall he liable to the owner or owners of
logs or other timber products for all loss
or damage resulting front neglect, careless
ness or unnecessary delay on the part of
such corporation or its a ents. [I. *95,
P. 131, §6.]
"Act" refers to >7119-7126.
(Waa'n)
-3155 7125,
en
lights to~ Cease
Should any corporation neglect, for
the period of eight months after improv-
ing an. stream or river, to operate its
darns, or to otherwise perform its duties
as herein provided, then all ri hts herein
conferred to such, corporation® upon such
streams or rivers, 02 portions thereof,
shall cease. [L. *95, p. 131, {*?.]
(Wash)
-316-11%^* _J£394.)_ too? Conoa~;iie3, i_■ gvfc,g of.
Duly organized boom companies at present
operating upon any of the streams or rivers
of this state may file amended articles of
incorporation to embrace the provisions of
thio act, and, for the p rnose of time lim-
itations : entioned in this act, the tine of
filing such amended articles of incorporations
shall be deemed to be the time of organiza-
tion thereof, but failure to comply with the
provisions of this act shall work forfeiture
of the rights of such corporations only so
far as the same are subjoined under the oro-
visions of this paragraph. [1. *95, p. 131,
§6- ]
"Act*’ refers to §7119-7126.
(Wash)
-3177594.	(3178^_____[ C o al_ine bJ_Owner to
furnish ’imbei’.
The owner, agent, or operator of any
coal mine shall keen g sufficient supply
of timber at any such nine where the same
is required for use as props, ©< that the
workmen may at all times be able to proper-
ly secure the said workings from caving in,
it shell be the duty of the ovrer, agent,
or operator to fend down into the •, ine all
such props when required, the same to be de-
livered at t>.~ entrance of the working place.
[I. 'SR, p. 41,	17; I. '91, p. 158,	10;
1 H. C., *2233.]
(Wash.)
-318-i emo.
In Sec.7612 and the four Sections
iin ecliately following, the ci tv chart
ers are in the nature of General Laws
All charters to individual cities are
omitted, as being in the nature of
Special legislation.
S 7612. I e c o j i? i q. .9 e	w£r 8
of Council h urn era ted.
The city council of such city shall
have rower and authority:
#*♦**»#****♦
42. Weighing of -uel: To regulate
the sale of coal and wood in such city, and
may appoint a measurer of wood and weigher
of coal for the city, and define his duties,
and ? ay prescribe his terra of office, and
the fees he shall receive for his services:
Provided, that such fees shall in all cases
he paid by the parties requiring such service.
«#«•**#******
LL. ’07, p. 634,	29.]
( Wash)
-319§ 7621. J Second. Class C iti e g. ] Street
Improvements.
The city council are hereby authorized
and empowered to order any work authorized
by this chapter [Chap. XI. of Title LX.] to
be done upon the streets, alleys, avenues,
highways and public places of such city. The
expense or cost of improving and repairing
streets, sidewalks, alley®, squares or other
public highways and places within the city,
*	*	•	*	♦ and planting, setting out
and cultivating of shade trees therein, *
*	*	*	*	shall be assessed as follows:
*	*	*	*	* [For detailed statement as
to manner of sue assessment, see Rem. and
Bal. Code.] [L. »O7, p. 645,	38.]
(Wash)
-320S 7686- (938.) (Third Class Cities.I
Oener? .!. Jowa•
The city	council	of	such city	shall
have power —				
* ♦ *	* * #	*	* * *	* ♦
4, *	*	♦ # *	*	to cause	to he
planted, oet out and cultivated shade trees
therein;
A *******♦#<<
'90, J>. 183, -.11?j I,. >91, p. S9Ei
S3;	1 H. C., §636;	. >93, p. ioS, g.j
Wash)
-321-5 7731.	(1011.) [r^rth (^.ass
G ejwr a 1. Powers .
The council of said town shall have
power —
###♦♦******»******
£.♦*•»*#*»****** cause
to he planted, set out and cultivated
shade trees therein, *********
****»#»*****♦*»****
[X • *90, p* 301, § 154 j 1 K. C •,
§673; L. '95, , . 50, §1.]
ifash)
322-J 829 3. (7303) Obstructing avigation.
Every person who shall in any manner
obstruct the navigable portion or channel
of any bay, harbor, or river o stream
within or bordering upon this state, navi-
gable and generally used for *****
or for the floating down of logs, cordwood,
fencing posts, or rails, shall, on convic-
tion thereof, be fined in any sum not exceed-
ing three hundred dollars: Provided,
that the placing of any mill dam or boon:
across a stream used for floating saw-logs,
cordwood, fencing- poets, or rails shall not
be construed to 1 e an obstruction to the navi-
gation of such stream, if the same shall be
so constructed as to allow the passage of boats,
ear-logs, cordwood, fencing posts, or rails
	without unreasonable delay. [Cf. 1	■. ’ 54, p.
	94, §104; Cd. '81, §919;	' . '88,	p. 190,
	§1; 2 ' . r. C., §226.]	
	Sec supra, 2656, obstructing waters, nenrlty. *«*****••«*•**»	navigable * X #	*
	dee supra, 7122, boom company not to obstruct.	
( Jo sh)
-323V
1 **£67 • _£Pracks —11- it as to judpent
Domain.
Any railroad corporation organized
under the laws of this state or of any
other state, and authorized to do ‘business
in this state and owing or operating a
railway .in this state, >a; construct, ain-
tain and operate nubile spur tracks, from
its railroad or any branch thereof, to and
uoon t e ; rounds of any till, 5 “ * * * * *
lu her-yard,* * * * * with all sidetracks
storage trade, uyes, turnouts, a id connec-
tions necessary or convenient to the use of
the same; and such, company may acquire
by purchase or condemnation, in the manner
provided by the laws of this state for the
acquisition of real estate for railway pur-
poses, all necessar; rights of wa.y for such
spur tracks, sidewalks, storage tracks, wye
turnouts and connections; said spur when
(Wash)
-324constructed to be a public spur for the
use of all industries located or there-
after located tiereon: Provided, that the
right to acquire by conde ination herein
granted shall not be exercised over un-
improved lands for a greater distance than
five miles, or over improved lands for a
greater ci stance than one .die, or over
lands within the limits of a municipal
corporation for a, greater distance than
one-fourth of a lie; Provided further,
that this section shall not be construed
as limiting the rights ,ranted under the
operation of section 8662, supra, x’elating
to the construction of branch lines. [L.
’07, p. 616, 51.]
( dash)
-325All railroad companies operating as
common carriers within the limit© of this
state, shall hereafter req tired t pro-
vide scales, and weigh at junction or at
some common point within this state all
cars loaded v.dth lumber, shingles or other
fo est products for shipment, [? . *05, p.
240, <1.)
y hg77, Cha-£pes^'fpw Sased«
All charges for freight on said commod-
ities, except where error is apparent, shall
he bo see on the weight© determined by the
weighing stations within the limits of this
state, a; d all bills of lading of railroad
companies operating withir the limits of this
state shell specify there nrovisions: Provided,
(hash)this act shall not apply to switching charges
or to the handling of logs where the charge
is hy the car or hy the t ousand. feet, [L.
«9B, p. 240, ;2.]
“This actr’ embraces ; <,8676-8661.
State, lent of heiyht--Shipper*s Count
Any railroad ernprny’s employee acting
as weigher shall upon request of any shipper
give hi i a staten ent showing gross and net
wei #it of any shipment hy him. Sworn count
and ’'eight of shipper «h -ill he presumptive
evi once of rue el :ht her< rror in rail*
road weights is
§2.]
See supra,
shingl es.
See supra,
accept cd.
See supra,
on weight.
(hash)
apparent. [L. *05, p. 241,
57083, weighing lumber end
.7087, what weights to he
J7084, lumber freights based
-327' * Ci 7 9..c. rr. r s . ei ghed~ fen erat eljf.
All cars shall he weighed on the
scales separately, and not attached to
other cars, snd at a r,andetill. [I .	6,
p. 241, C4.]
v Q6QPT' enal ty f or Vi ol at 1 on.
In case of violation of the revision©
of this act by any railroad company, it shall
pay a penalty of twenty dollars ($20) for
every car it shall neglect tc weigh and bill
within the state as above provided, to he re-
covered from such company in action where
there is any agent of such railroad company
who may he served with process, and the pen-
alties recovered under this act shall he paid
into the county treasury in sue' county where
action is taken, [I. *0h, p, 241,	5.]
"This act« embrace© §8676-8681.
(Wash)
-328§ eft-~ p~	, ftontract_ Regarding Weights,
Vhen.
^xsshbsss
Nothing contained, in t; is bill shall
interfere with the right of the shipper
and carrier to enter into a private con-
tract regarding weights when it is imprac-
ticable to wei h. [L. ’05, p. 241,	6.]
’’This hill”: 3^8676-8681.
Wash)
-329-5 8780. Indians may Sell Stone, imher,
etc. , J roni Lane .
Any Indian who owns within this state
any land or real estate allotted to him by
the government of the I nited States may with
the consent of Congress, either special or
general, sell and convey by deed wade, ex-
ecuted and acknowledged before any officer
authorized to take acknowledgments to deeds
within this state, any stone, mineral, pe-
troleum or timber contained on said lend or
the fee thereof and such conveyance shall
have the same effect as a deed of any other
person or persons with this state; it being
the intention of this section to remove from
Indians residing in this state all existing
disabilities relating to alienation of their
real as ate. [I. ’99, o. 15S,	1.]
(Wash)
-330ei'n o.
It may he veil to include
Section 8960, since it requires
a report upon the "natural re-
sources” of the StaTe"; which in
eludes the forests.
S 8960. [Bureau o f Stati ati c s, ]_Prenara-
tion ,ui_ e--ort— utics of ureau.
a?he commissioner of statistics is here-
by directed to prepare for ini ediate publica-
tion, fro the reports of the county assessors,
cha hers oi commerce, boards of trade and other
authentic sources, a comprehensive renort, set-
ting forth the geography, topography, climate,
natural and artificial resources of Washing-
ton, its inland waters and adjacent seas, a
knowledge of which would tend to invite indus-
trious, enterprising, intelligent people to
rewove hither. It shall be the duty at all
times o‘f the bureau hereby established to
promptly answer all proper inquiries relative
to the state of Washington received by mail
or otherwise fro intending immigrants. [L.
♦95, p. 168, U.]
Mote.—Sections 8961 and 8962 contain
provisions regarding the matters of "Power
to obtain Statistics," and "Information Con-
fidential." See em. and al. Code.
«&
See Section 34, p. 2.0 hereof.
(Wash)
331Distribution to Counties
-SS2SSa««=SC5»3^^
The state treasurer is hereby directed
to turn over to the treasurers of the respec-
tive counties within the forest reserves, the
amount of loney belonging to such county, re-
ceived from the federal government from such
forest reserves, in accordance with an act of
Congress, removed February 1, 1905. Where
the reserve is situated in more than one county
the money shall be distributed in nrouortion
to the area of the respective counties inter-
ested, and to thr.t end the state treasurer is
hereby authorised and required to obtain the
necessary information to enable him tc make
the i et-1 hut io? on sue basis, [b. ’07, p.
406,
Such money to be expended by the county
commissioners for the benefit of the nubile
schools nn< nubile roads: See surra, •3890a.
[I389C -l/2?.]
(hr sh)
-332§ 9095
. Qtandin , li/iber—Personality
S=£sxssrxst^rrsss'z.-- -~v-^.--T5=^^3=sscS=»S3Kasas»»saBSSSSlS!»r.-iq:;:.-=rfJs
Standing timber owned separately from
the ovnership of the land upon which the scute
may stand or be grov ing, for the purposes of
assessment anr taxation ©hall be considered
and is hereby declared to be personal prop-
erty . [j . ’97, p. 2C 6,	1?.]
(VZash)
-OO6*9096. ^Mjgker an ' daw-1;-?,xer€ --SSS*
Lumber and saw-logs shall be assessed
and taxed in the county me assessment dis-
trict mhere the sane may he situated on the
first day of > arch of the assess ent year.
[3. ’07, p. 206,	c.3
(Wash)
- m*;f	*) nxsaaptiops.
All property described, in this section,
to the extent herein limited, shall be exempt
from taxation, that is to say:
**********«**<
Second, All property, whether real or
perso ol, belonging exclusively to any school
district, county municipal corporation, the
state or to the United States.
***#***♦*»♦♦»*
lifth. All fruit trees, except nursery
stock : nr 'orest Ire; s e-.rtif icially grown.
Sixth. All slips, vessels and boats in
actual construction an. all materials espe-
cially designee and set apart for the con-
struction of any such ship, vessel or boat
(fa ph)
33b-ir	of bull di in wit in this state,
shall be exempt from taxation.
	*	•»	#	X	*	* * *	*	«	tL. »03,	
■p.	279,	1.		Cf.		’93, p.	325, >		5;	L. ’ 95 >
p.	5 9,	; 2;		•	’97	, 1. 13b,	CL • , >		L.	’99,
p.	265,	. *- »		I.	’01	, p. 367,	1.]			
	*	#	*	♦	*	# # *	#	»	*	« *
ubdivioicno ,	, 7, md £ of ;,ra of
1797, corresponding to subdivisions 7, 6 and
7, suprs , were declared unconstiti Lionel in
State ex rel . Chamberlain v. Daniel, 17 .ash.
Ill, ricr to t.b' adoption of the third amend-
ment to the Constitution authorizing the ex-
emption of subdivision 7.. ■ t ; anti/;; , Forms for
Ii sting.
SX/Z^^SSSBSX’-SSSSr*. £
[This section requires that the auditor
of state shall prepare and furnish county
auditors with suitable blank forms of detail
and assessment lists or schedules to "be used
by toe assessors for the listing rod assess-
ment and equalization of property, which forms
provide for a. description of far i lands, show-
ing, among other matters, the number of acres
of "Timber lands, ,r r-nd full cash value of each
tract of land assessed*]
Wash)
-337-S34S2> W27f ,
0