SESSION LAWS - Washington State Legislature

SESSION LAWSOF THE

STATE OF WASHINGTON

TWENTY-FIRST SESSION

Convened January 14, Adjourned March 14

1929

Compiled in Chapters by J. GRANT HINKLE, Secretary of State

Marginal Notes and Index

BY

JOHN H. DUNBARAttorney General

PUBLISHED BY AUTHORITY

OLYMPIA: WASH.

JAY THOMAS. PUBLIC PRINTER

1929

EXPLANATORY

The Twenty-first Legislature of the State of Washing-ton convened at 12 o'clock, noon, January 14, 1929, (be-ing the second Monday in January), and adjourned sinedie March 14, 1929.

All acts passed by the session approved by theGovernor, together with those which were permitted tobecome laws without his signature take effect ninety daysafter adjournment, or 12 o'clock, midnight, June 12, 1929,except relief bills, appropriations and other acts declar-ing an emergency.

J. GRANT HINKLE,

Secretary of State.

LAWS OF WASHINGTONPASSED AT THE

Twenty-First Regular Session

1929

CHAPTER 1.[S. B. 1.]

LEGISLATIVE EXPENSES.

AN ACT appropriating the sum of one hundred fifteen thousanddollars, or so much thereof as may be necessary for the ex-penses of the twenty-first legislature and declaring an emer-gency.

Be it enacted by the Legislature of the State ofWashington:

SECTION 1. That there be and there is hereby Appropria-tion

appropriated out of the general fund, the sum of $115,000.00.

one hundred fifteen thousand dollars ($115,000.00)or so much thereof as may be necessary to be usedfor the purpose of paying the expenses of thetwenty-first legislature, of the State of Washington.

SEC. 2. This act is necessary for the support Effective

immediately.

of state government and shall take effect immedi-ately.

Passed the Senate January 14, 1929.Passed the House January 14, 1929.Approved by the Governor January 17, 1929.

SESSION LAWS, 1929.

CHAPTER 2.[S. B. 2.1

LEGISLATIVE PRINTING.

AN ACT appropriating the sum of fifteen thousand dollars ($15-000.00), or so much thereof as may be necessary for theprinting of the twenty-first legislature, and declaring anemergency.


SECTION 1. That there be and there is herebyAppropria- appropriated out of the general fund the sum oftion$15,ooo.oo. fifteen thousand dollars ($15,000.00), or so much

thereof as may be necessary to pay for such printingas may be ordered by the twenty-first legislature,or either branch thereof.

SEC. 2. This act is necessary for the supportEffective ofsaegimmediately. of state government and shall take effect immedi-

ately.



BROADCASTING JOINT LEGISLATIVE SESSION FORINAUGURATION.

AN ACT creating a joint committee of the Senate and House toarrange for, and making an appropriation for the expenseof broadcasting the joint session of the legislature at theinauguration of the state elective officials and declaring thatthis act shall take effect immediately.


Broadcasting SECTION 1. That a joint committee consistingInauguralproceedings. of three senators to be appointed by the President

(6 [CH. 2-3.

SESSION LAWS, 1929.

of the Senate, and three members of the House, tobe appointed by the Speaker is hereby created toarrange for broadcasting the proceedings of thejoint session of the legislature at the inaugurationof the constitutional elective state officers.

SEC. 2. There is hereby appropriated from the tgroPria-general fund in the state treasury for the purpose $2,200.00.

of paying the expenses of broadcasting the proceed-ings of the joint session of the legislature at theinauguration of the elective state officials the sumof two thousand two hundred dollars ($2,200.00) orso much thereof as may be necessary.

EfetiveSEC. 3. This act is necessary for the immediate i'meiately.

support of the state government and its existingpublic institutions and shall take effect immediately.


CHAPTER 4.[H. B. 69.]

APPROPRIATION FOR REPAIR AND RESTORATION OFCAPITOL BUILDING.

AN ACT making an appropriation for the repair and restorationof Capitol Building and for furniture and equipment, anddeclaring that this act shall take effect immediately.


SECTION 1. The following sums, or as much Capitol

thereof as shall be found necessary, are hereby ap- repairs.

propriated out of the general fund in the statetreasury for the repair and restoration of capitolbuilding and for furniture and equipment:

CH. 4.] 7

SESSION LAWS, 1929.

For repair and restoration of capitol buildings $35,000.00Appropria- For furnishings............................. 3,000.00

40n000.00. For equipment ............................. 2,000.00

Total ............................. $40,000.00

SEC. 2. This act is necessary for the supportEffective of the state government and its existing public insti-immediately.

tutions and shall take effect immediately.

Passed the House January 23, 1929.Passed the Senate January 28, 1929.Approved by the Governor February 6, 1929.

CHAPTER 5.[S. B. 71.)

APPROPRIATION FOR DEPARTMENT OF AGRICULTURE.

AN ACT making an appropriation for the inspection of nurseries,nursery stock and horticultural commodities and the en-forcement of plant quarantine, and declaring that this actshall take effect immediately.


SECTION 1. There is hereby appropriated from

o Agrtnt the general fund in the state treasury, for the de-ture appro-priation partment of agriculture, for supplies, material and$2,500.00. services, for the inspection of nurseries, nursery

stock and horticultural commodities and the enforce-ment of the plant quarantine law for the bienniumending March 31, 1929, the sum of twenty-fivehundred dollars ($2,500.00).

SEC. 2. This act is necessary for the immediateEffective support of the state government and its existingimmediately.

public institutions and shall take effect immediately.

Passed the Senate January 24, 1929.Passed the House January 31, 1929.Approved by the Governor February 8, 1929.

[CH. 5.

SESSION LAWS, 1929.


SUGAR BOUNTY.

AN ACT relating to bounties for the production and manufactureof sugar and repealing Chapter LXVIII of the Laws of 1893.


SECTION 1. That chapter LXVIII (68) of the statutesrepealed.

Laws of 1893, pages 145 to 147, is hereby repealed.Passed the House January 24, 1929.Passed the Senate February 1, 1929.Approved by the Governor February 8, 1929.


MANAGEMENT OF COUNTY AFFAIRS.

AN ACT relating to the economical management of county affairsand repealing Chapter CXXXI of the Laws of 1893.

Be it enacted by the Legislatitre of the State ofWashington:

SECTION 1. That chapter CXXXI (131) of the Statutesrepealed.

Laws of 1893, pages 427 to 428, (sections 4073 and4074 of Remington's Compiled Statutes; sections1708 and 1709 of Pierce's Code) is hereby repealed.

Passed the House January 24, 1929.Passed the Senate February 1, 1929.Approved by the Governor February 8, 1929.

OH. 6-7.] 9

SESSION LAWS, 1929.


EXCEPTIONS.

AN ACT relating to exceptions and repealing certain acts relatingthereto.


SECTION 1. That chapter XIX (19) of the CodeStatutes of Washington Territory of 1881, sections 257 torepealed.

263; an act entitled "An Act to amend chapter 19of the Code of Washington Territory. Excep-tions", approved February 3, 1886, Laws of 1885/6,pages 70 to 73, and chapter XLVII (47) of the Lawsof 1891, pages 85 to 86, are hereby repealed.



HOPS.

AN ACT relating to hops and repealing Chapter C of the Lawsof 1891.


SECTION 1. That chapter C (100) of the LawsStatutes of 1891, page 193, is hereby repealed.repealed.


10 [CH. 8-9.

SESSION LAWS, 1929


LEGAL PUBLICATIONS.

AN ACT relating to legal publications and repealing certain actsrelating thereto.


SECTION 1. That chapter XXXVIII (38) of the Statutes

Laws of 1893, page 62, and chapter 61 of the Laws epead

of 1917, page 219, (sections 8463 and 8464 of Pierce's1919 Code) are hereby repealed.



GUARANTY OF BANK DEPOSITS.

AN ACT relating to the guaranty of bank deposits and repealingcertain acts relating thereto.


SECTION 1. That chapter 81 of the Laws of 1917 Statutesrepealed.

pages 308 to 323, and chapter 97 of the Laws of1921, pages 283 to 291, (sections 3293 to 3312 ofRemington's Compiled Statutes; sections 333 to354 of Pierce's Code) are hereby repealed: Pro-vided, That this repeal shall not be construed asaffecting any rights accrued or obligations incurredunder said acts or either of them or the completionof any actions or proceedings begun under the pro-

CHr. 10-11.J] 11

SESSION LAWS, 1929.

visions thereof, or the collection and distribution ofany funds under the provisions of said acts.



TRIAL OF CIVIL ACTIONS.

AN ACT relating to the trial of civil actions in the superior courtand repealing certain acts relating thereto.


SECTION 1. That section 204 of the Code ofStatutes Washington Territory of 1881, (section 318 of Rem-repealed.

ington's Compiled Statutes; section 8484 of Pierce'sCode) is hereby repealed.



SPECIAL TAXES FOR COUNTY PURPOSES.

AN AcT relating to special taxes for county purposes and repeal-ing certain acts relating thereto.


SECTION 1. That sections 2682, 2683 and 2684 ofrpaues. the Code of Washington Territory of 1881, and an

act entitled "An Act to amend section 2683 of theCode of Washington Territory", approved February

12 [CH. 12-13.

SESSION LAWS, 1929.

3, 1886, Laws of 1885/6, pages 172 to 173, are herebyrepealed.



MUNICIPAL INDEBTEDNESS.

AN ACT relating to municipal indebtedness and repealing certainacts relating thereto.

Be it enacted by the Legislature of the State ofI Washington:

SECTION 1. That chapter XXXVIII (38) of the Statutesrepealed.

Laws of 1887/8, pages 74 to 76, is hereby repealed:Provided, That such repeal shall not affect thevalidity of any act done or obligation incurred underand, by virtue of said act repealed.


CHAPTER 15.[H. B. 13.)

TAXES OF CITIES AND TOWNS.

AN ACT relating to the assessment, equalization and collectionof taxes for cities and towns and repealing certain actsrelating thereto.


SECTION 1. That sections 127, 133, 163, 164 and Statutes

169 of an act entitled "An Act providing for theorganization, classification, incorporation and gov-ernment of municipal corporations, and declaringan emergency", approved March 27, 1890, Laws of

13CH. 14-15.]

SESSION LAWS, 1929.

1889/90, pages 190, 192, 207, 208 and 210, respec-tively; chapter VIII (8) of the Laws of 1891, pages11 to 12, and section 9 of chapter LXX (70) of theLaws of 1893, page 163, (section 9183 of Reming-ton's Compiled Statutes; section 844 of Pierce'sCode) are hereby repealed: Provided, That suchrepeal shall not affect the validity of any act doneor rights accrued under said acts repealed.



STATE AUDITOR.

AN ACT relating to the state auditor and repealing certain actsrelating thereto.


SECTION 1. That chapter CCII (202), sectionsStatutes 2566 to 2587 of the Code of Washington Territoryrepealed. of 1881; an act entitled "An Act to amend section

2575 of the Code of Washington, in relation tosalary and incidental expenses of territorial au-ditor", approved November 22, 1883, Laws of 1883,pages 28 to 29; section 3 of chapter CXIX (119) ofthe Laws of 1893, pages 281 to 282, (section 4090 ofRemington's Compiled Statutes; section 6604 ofPierce's Code) and section 22 of an act entitled "AnAct relating to the duties of state auditor, and pro-viding for his salary and assistants, and declaringan emergency", approved March 27, 1890, Laws of1889/90, page 641, are hereby repealed.


14 [CH. 16.

SESSION LAWS, 1929.


BILLS OF EXCEPTIONS AND STATEMENTS OF FACTS.

AN ACT relating to settling and certifying bills of exceptions andstatements of facts, and amending Section 12 of Chapter LXof the Laws of 1893.


SECTION 1. That section 12 of chapter LX (60) Amends § s92Rem. Comp.

of the Laws of 1893, page 116, (section 392 of Rem- Stat.;§ 7820

ington's Compiled Statutes; section 7820 of Pierce's Code.

Code) be amended to read as follows:Section 12. If the judge before whom the cause Absence,

death or dis-was pending or tried shall from any cause have ability of

ceased to be such judge or shall die, or shall be trial judge.

absent from the state or shall, by reason of dis-ability, be unable to perform the duties of his of-fice, which death, absence or disability may be shownby affidavit of any attorney in the cause served uponthe attorney for the adverse party and filed in thecause, within the time within which a bill of excep-tions or statement of facts, in a cause that was pend-ing or tried before him, might be settled and cer-tified under the provisions of this act, and before Settlement

by stipula-having certified such bill or statement, such bill or tion of

parties orstatement may be settled by stipulation of the parties successor of

judge.with the same effect as if duly settled and certifiedby such judge while still in office. But if the partiescannot agree, the successor in office of the judgebefore whom the cause was pending or tried, or incase there be no successor, any judge of, or assignedto, the county where the cause was pending or tried,if such death, absence or disability shall appear tohis satisfaction, shall settle and certify such bill orstatement in the manner in this act provided, and inso doing he shall be guided, so far as practicable,

CH. 17.] 15

SESSION LAWS, 1929.

by the minutes taken by the judge before whom thecause was pending or tried, or by the stenographer,if one was in attendance on the court or judge, andmay, in order to determine any disputed matter notsufficiently appearing upon such minutes, examineunder oath the attorneys in the cause who were pres-ent at the trial or hearing, or any of them.



DEFICIENCIES IN PUBLIC INSTITUTIONS.

AN ACT relating to deficiencies in public institutions, offices anddepartments of the state, providing penalties, and fixingliabilities for violations thereof, and repealing certain actsrelating thereto.


SECTION 1. That chapter XXXV (35) of theStatutes Laws of 1895, pages 58 to 59, (sections 5497 torepealed.

5500 of Remington's Compiled Statutes; sections6571 to 6574 of Pierce's Code) shall be and is here-by repealed: Provided, That -such repeal shall notbe construed to affect any rights accrued, or anyliability, either civil or criminal, incurred under theprovisions of said act repealed: And provided fur-ther, That such repeal shall not operate to reviveany act repealed thereby.


16 [CH.r 18.

.I . I

SESSION LAWS, 1929.


WILLS.

AN ACT relating to wills executed outside the state, and repealing

Chapter 8 of the Laws of 1911.


SECTION 1. That chapter 8 of the Laws of 1911, Statuterepealed.

page 9, is hereby repealed.



SALARIES OF COUNTY OFFICERS.

AN ACT relating to the salaries of certain county officers andrepealing certain acts relating thereto.


SECTION 1. That chapter 119 of the Laws of Statute

1913, pages 355 to 356, is hereby repealed.


Cu. 19-20.] 17

SESSION LAWS, 1929.


WILLS.

AN ACT relating to wills and amending Section 25, and repealingSections 36 and 37 of Chapter 156 of the Laws of 1917.


SECTION 1. That section 25 of chapter 156 ofAmends the Laws of 1917, page 649, (section 1395 of Rem-§ 1395 Rem.Comp..Stat.; ington's Compiled Statutes; section 10022 ofI10022Pierce's Pierce's Code) be amended to read as follows:Code.

Section 25. Every will shall be in writing signedWill to be by the testator or testatrix, or by some other per-in writingand wit-nessed. son under his or her direction in his or her presence,

and shall be attested by two or more competent wit-nesses, subscribing their names to the will in thepresence of the testator or testatrix by his or herdirection or request: Provided, however, That noth-ing herein contained shall prevent any mariner atsea or soldier in the military service from disposingof his wages or personal property, or prevent anyperson competent to make a will from disposing of

Nuncupative his or her personal property of the value of not towill.

exceed two hundred ($200.00) dollars, by nuncupa-tive will if the same be proved by two witnesses whowere present at the making thereof, and it be proventhat the testator or testatrix, at the time of pro-nouncing the same, did bid some person present tobear witness that such was his or her will, or tothat effect, and that such nuncupative will was madeat the time of the last sickness of the testator ortestatrix, but no proof of any nuncupative will shallbe received unless it be offered within six monthsafter the speaking of the testamentary words, norunless the words or the substance thereof be firstcommitted to writing, and in all cases a citation be

[CH. 21.18

SESSION LAWS, 1929.

issued to the widow and/or heirs at law of the de-ceased that they may contest the will, and no realestate shall be devised by a nuncupative will: Andprovided further, That a last will and testament, Wille

executed without the state, in the mode prescribed side state.

by law, either of the place where executed or of thetestator's domicile shall be deemed to be legally exe-cuted, and shall be of the same force and effect as ifexecuted in the mode prescribed by the laws of thisstate.

StatutesSEC. 2. That sections 36 and 37 of chapter 156 repealed.

of the Laws of 1917, pages 651 and 652, (sections1406 and 1407 of Remington's Compiled Statutes;sections 10033 and 10034 of Pierce's Code) are here-by repealed, but such repeal shall not affect the val-idity of any nuncupative will heretofore made if thesame be proved in accordance with the provisions ofthis act.



LEGISLATIVE DISTRICTS.

AN ACT relating to the boundaries of legislative districts andrepealing Chapter 178 of the Laws of 1909.


SECTION 1. That chapter 178 of the Laws of repealed.

1909, pages 638 to 640, is hereby repealed.


CHi. 22.] 19

SESSION LAWS, 1929.

CHAPTER 23.CH. B. 27.]

MARRIAGES.

AN ACT relating to marriages and repealing Chapter 174 of theLaws of 1909.


SECTION 1. That chapter 174 of the Laws ofStatutes 1909, pages 633 to 635, is hereby repealed.repealed.


CHAPTER 24.[H. B. 28.3

CRIMINAL INSANE.

AN ACT relating to the criminal insane and repealing certainacts relating thereto.


SECTION 1. That sections 1101, 2065 and 2066 ofstpaled the Code of Washington Territory of 1881, and sec-

tion 79 of chapter XXVIII (28) of the Laws of 1891,,page 61, are hereby repealed.


20 [CH. 23-24..

SESSION LAWS, 1929.


ENFORCEMENT OF JUDGMENTS.

AN AcT relating to the execution and enforcement of judgments,and repealing certain acts relating thereto.


SECTION 1. When any judgment of a court of lfethod ofenforcement

record of this state requires the payment of money, of judg-

or the delivery of real or personal property, thesame may be enforced in those respects by execu-tion, as provided in this act. When it requires theperformance of any other act, a certified copy ofthe judgment may be served on the party againstwhom it is given, or the person or officer who isrequired thereby, or by law, to obey the same, anda writ shall be issued commanding him to obey orenforce the same. If he refuses, he may be pun-ished by the court as for contempt.

SEC. 2. The party in whose favor a judgment Execution onjudgment

of a court of record of this state has been, or may -h sixormyyears.hereafter be, rendered, or his assignee, may have anexecution issued for the collection or enforcement ofthe same, at any time within six years from the ren-dition thereof: Provided, That no execution . shallissue on any judgment rendered upon a contractmade prior to the ninth day of June, 1897, after theexpiration of five years from the date of the rendi-tion thereof, unless and until such judgment hasbeen revived in the manner provided by law, exceptthat in case of an appeal the date of the final judg-ment in the supreme court shall be the time fromwhich said period of five years shall commence torun.

SEC. 3. There shall be three kinds of exec- Kinds of

tions; one against the property of the judgment

CH. 25.] 21

debtor, the second for the delivery of the possessionof real or personal property, or such delivery withdamages for withholding the same, and the third,commanding the enforcement of or obedience to anyspecial order of the court, and in all cases thereshall be an order to collect the costs.

SEC. 4. The writ of execution shall be issued inIssued by the name of the State of Washington, sealed withclerk.

the seal of the court, and subscribed by the clerk,and shall be directed to the sheriff of the county inwhich the property is situated, or to the coroner ofsuch county, or the officer exercising the powers and

Directed to performing the duties of coroner in case there besheriff. no coroner, when the sheriff is a party, or interested,

and shall intelligibly refer to the judgment, statingthe court, the county where the judgment was ren-dered, the names of the parties, the amount of thejudgment if it be for money, and the amount actuallydue thereon, and shall require substantially as fol-lows:

1. If the execution be against the property ofAgainst the judgment debtor it shall require the officer to

satisfy the judgment, with interest, out of the per-sonal property of the debtor, and if sufficient per-sonal property cannot be found, out of his realproperty upon which the judgment is a lien.

2. If the execution be against real or personalAgainst property in the hands of personal representatives,heirs, tenantsand trustees. heirs, devisees, legatees, tenants of real property,

or trustees, it shall require the officer to satisfy thejudgment, with interest, out of such property.

3. If the execution be for the delivery of realFor delivery or personal property, it shall require the officer toperoal deliver possession of the same, particularly describ-property.

ing it, to the party entitled thereto, and may, at thesame time, require the officer to satisfy any charges,damages, or rents and profits recovered by the samejudgment, out of the personal property of the party

22 SESSION LAWS, 1929. [CH. 25.

SESSION LAWS, 1929.

against whom it was rendered, and the value of theproperty for which the judgment was recovered,shall be specified therein. If a delivery of the prop-erty described in the execution cannot be had, and ifsufficient personal property cannot be found to sat-isfy the judgment, it shall be satisfied out of the realproperty of the party against whom the judgmentwas rendered.

4. When the execution is to enforce obedience to For obedienceto special

any special order, it shall particularly command order.

what is required to be done or to be omitted.

5. When the nature of the case shall require it, May e-

the execution may embrace one or more of the re- quineoent

quirements above mentioned. And in all cases theexecution shall require the collection of all interest,costs, and increased costs thereon.

SEC. 5. The sheriff or other officer shall indorse Sheriff's

upon the writ of execution the time when he re-ceived the same, and the execution shall be return-able within sixty days after its date to the clerk whoissued it. No sheriff or other officer shall retain anymoneys collected on execution, more than twentydays before paying the same to the clerk of the courtwho issued the writ, under penalty of twenty percent on the amount collected, to be paid by the sheriffor other officer, one half to the party to whom thejudgment is payable, and the other half to the countytreasurer of the county wherein the action wasbrought, for the use of the school fund of said

Clerk to noti-county. The clerk shall, immediately after the re- fy parties

when moneyceipt of any money collected on any judgment, notify collected.

the party to whom the same is payable, and pay overthe amount to the said party on demand. On failureto so notify and pay over, without any reasonablecause shown for the delay, the clerk shall forfeit andpay the same penalty to the same parties as is aboveprescribed for the sheriff.

CH. 25.] 23

SEC. 6. All property, real and personal, of theProperty jdmn o Ab hlsubject to judgment debtor, not exempted by law, shall beexecution. liable to execution.

SEC. 7. In all cases in which a judgment hereto-Assignee and fore or hereafter recovered in any court of thisheirs ofjudgment state, has been or shall be assigned to any person,creditor en-

ietedtion execution in the name of the assignee, upon theassignment being recorded in the execution docket,by the clerk of the court in which the judgment isrecovered, and in all cases in which a judgment hasbeen or shall be recovered in any such court, and theperson in whose name execution might have issued,has died or shall die, execution may issue in thename of the executor, administrator or legal repre-sentative of such deceased person, upon letters tes-tamentary or of administration, or other sufficientproof being filed in said cause and minuted upon theexecution docket, by the clerk of the court in whichsaid judgment is entered, and upon an order of saidcourt or the judge thereof, which may be made onan ex parte application.

SEC. 8. That chapter XXX (30), sections 325 toStatutes 334 of the Code of Washington Territory of 1881;repealed.

an act entitled "An Act to amend section 334 of theCode of Washington Territory, in relation to execu-tions," approved January 30, 1886, Laws of 1885/6,page 75; chapter LII (52) of the Laws of 1887/8,pages 94 to 95, (sections 510 to 519 of Remington'sCompiled Statutes; sections 7827 to 7835. and 7841of Pierce's Code) are hereby repealed: Provided,That this repeal shall not affect any rights acquired,

Saving or proceedings had or pending, under said acts re-clause.

pealed or either of them, and all such rights andproceedings shall be continued under the provisionsof this act.


SESSION LAWS, 1929. [CH. 25.24

SESSION LAWS, 1929.


CIVIL RIGHTS OF CONVICTED PERSONS.

AN ACT relating to the restoration of civil rights to personsconvicted of infamous crimes.


SECTION 1. It shall be the duty of the superin- Superintend-ents of penal

tendent of any penal institution of this state in institfrions

which any person, heretofore or hereafter convicted record.

of an infamous crime in any superior court of thisstate, is imprisoned, or shall have been imprisonedand released upon parole as provided by law, tocertify to the governor, at any time, upon the writ-ten demand of the governor, and not more than sixtynor less than thirty days prior to the time when themaximum term of imprisonment, for which suchperson was committed, is to expire, a completetranscript of the commitment and of the record ofthe conduct of such person while imprisoned and onparole: Provided, That when any such person im-prisoned in the Washington state reformatory orthe Washington state reformatory for women shallhave been granted an absolute release by the gov-ernor as provided by law, such transcript shall notbe required prior to the expiration of the maximumterm of imprisonment as above provided.

SEC. 2. Whenever the governor shall grant a Governormay restore

pardon to a person convicted of an infamous crime, civil rights.

or shall grant an absolute release to any such per-son imprisoned in the Washington state reforma-tory as provided by law, and whenever the maximumterm of imprisonment for which any such personwas committed to the state penitentiary, the Wash-ington state reformatory, or the Washington statereformatory for women, is about to expire or has

CH. 26.] 25

SESSION LAWS, 1929.

expired, the governor shall have the power, in hisdiscretion, to restore to such person his civil rightsin the manner as in this act provided.

SEC. 3. Whenever the governor shall determineForm of to restore his civil rights to any person convicted ofcertificate

forn ro c- an infamous crime in any superior court of thisrights. state, he shall execute and file in the office of the

secretary of state an instrument in writing in sub-stantially the following form:"To the People of the State of Washington Greet-

ing:I, the undersigned Governor of the State of

Washington, by virtue of the power vested in myoffice by the constitution and laws of the State ofWashington, do by these presents restore to.................................................................... his civil rights forfeitedby him (or her) by reason of his (or her) convictionof the crime of ................. naming it) inthe Superior Court for the County of ..............................on, to-w it: th e...........................day of .................................... , 19z-

Dated the ........ dayo........... day of..................., 19.(S ig n e d ) .................................. .. ....................... ..... ...... ..

Governor of Washington."

SEC. 4. Upon the filing of an instrument restor-Secretary of ing civil rights in his office, it shall be the ofState to rihthofie duty otrmtoilerk the secretary of state to transmit a duly certifiedcopy oerk

cr.ior copy thereof to the clerk of the superior courtnamed therein, who shall record the same in thejournal of the court and index the same in the exe-cution docket of the cause in which the convictionwas had.

SEC. 5. The secretary of state and the clerk ofoer t be the superior court, shall, upon demand and the pay-

issued by mn ft rqie " suSecretary of ment of the fee required by law, issue a certifiedState andclerk of su- copy of any such instrument restoring civil rightsperior court.. filed in their respective offices, and every such cer-

tified copy shall be received in evidence as proof of

26 [CH. 26.

SESSION LAWS, 1929.

the fact therein stated, in any court -and by all elec-tion officers.

Passed the House January. 24, 1929.Passed the Senate February 4, 1929.Approved by the Governor February 13, 1929.


PASSENGER CARRIERS ON PUBLIC HIGHWAYS.

AN ACT relating to actions for damages resulting from careless,negligent and unlawful acts of common carriers of passengersupon public highways or their agents or employes, andamending and repealing certain acts relating thereto.


SECTION 1. That section 3 of chapter 57 of the AmendsI 6384 Rem.

Laws of 1915, pages 228 to 229, (section 6384 of Cm. Stat.;

Remington's Compiled Statutes; section 237 of ierce's

Pierce's Code) be amended to read as follows:Section 3. Every person having a cause of Action

againstaction for damages against any person, firm, or cor- passenger

carrier, andporation receiving a permit under the provisions of surety on

bond.this act, for injury, damages or wrongful deathcaused by any careless, negligent or unlawful actof any such person, firm, or corporation or his,their, or its agents or employes in conducting or car-rying on said business or in operating any motorpropelled vehicle for the carrying and transportingof passengers over and along any public street, roador highway shall have a cause of action against theprincipal and surety upon the bond provided for inthe preceding section for all damages sustained, andin any such action the full amount of damages sus-tained may be recovered against the principal, butthe recovery against the surety shall be limited tothe amount of the bond.

Cia. 27.] 27

SEC. 2. That chapter 161 of the Laws of 1927,Statutes pages 151 to 152, is hereby repealed: Provided, That

such repeal shall not affect any rights acquired, orSaving any proceedings had or pending under said act re-clause.

pealed.



SURVEYS AUTHORIZED BY CONGRESS.

AN ACT relating to surveys authorized by Congress and repealinga certain act relating thereto.


SECTION 1. That chapter CXXII (122) of theStatutes Laws of 1887/8, pages 214 to 215 (sections 8111 torepealed.

8115 of Remington's Compiled Statutes; sections7116 to 7120 of Pierce's Code) is hereby repealed.

Passed the Senate January 24, 1929.Passed the House February 6, 1929.Approved by the Governor February 14, 1929.

28 SESSION LAWS, 1929. [CHr. 28.

SESSION LAWS, 1929.

CHAPTER 29.IS. B. 6.]

EMINENT DOMAIN BY PRIVATE CORPORATIONS.

AN ACT relating to the appropriation of property by corporationsand repealing certain acts relating thereto.


SECTION 1. That chapter CLXXXVIII (188), Statutes'repealed.

sections 2473 to 2477 of the Code of WashingtonTerritory of 1881; an act entitled "An Act to amendsection 2474 of chapter 188 of the Code of Washing-ton relating to condemning and appropriating landby private corporations", approved November 28,1883, Laws of 1883, pages 35 to 36, and chapter XXX(30) of the Laws of 1887/8, pages 58 to 62, arehereby repealed.

Passed the Senate January 24, 1929.Passed- the House February 6, 1929.Approved by the Governor February 14, 1929.


IDIOTS AND INSANE.

AN ACT relating to idiots and insane and repealing certain actsrelating thereto.


SECTION 1. That sections 1, 2, 3 and 4 of an act Sttutesrepealed.entitled "An Act to amend chapter CX, of the Code,relating to idiots and insane, and section 2267 ofchapter CLXVI, entitled, hospital for the insane"approved November 24, 1883, pages 37-38, andchapter LXIII (63) of the Laws of 1887/8, pages

29Ci-. 29-30.]

SESSION LAWS, 1929.

113-114, are hereby repealed: Provided, That theNo revival repeal of said acts shall not be construed as revivingof formeracts. any act repealed by either thereof.



HABITUAL DRUNKARDS.

AN ACT relating to furnishing and posting lists of habitual drunk-ards and repealing certain acts relating thereto.


SECTION 1. That section 1676 of the Code ofStatutes Washington Territory of 1881; the fifth paragraphrepealed.Tertrth pagah

of section 1 of an act entitled "An Act to amendchapter CXIII of the Code of Washington entitled'To declare certain persons habitual drunkards andto protect them and others in person and property"',approved November 28, 1883, Laws of 1883, page33, and an act entitled "An Act to amend chapter113 of the Code of Washington Territory asamended by an act entitled 'An Act to declare cer-tain persons habitual drunkards and to protectthem and others in person and property' approvedNovember 28, 1883", approved January 15, 1886,Laws of 1885/6, page 160, (section 1714 of Reming-ton's Compiled Statutes; section 9876 of Pierce'sCode) are hereby repealed.


30 [CH. 31.

SESSION LAWS, 1929.


PUBLIC HIGHWAYS.

AN ACT relating to public highways and repealing Chapter LVIIIof the Laws of 1887/8.


SECTION 1. That chapter LVIII (58) of the Statuterepealed.Laws of 1887/8, page 106, is hereby repealed.



CONVEYANCES AND ENCUMBRANCES OF REAL ESTATE.

AN ACT relating to conveyances and encumbrances of real estate,authorizing certain officers to take acknowledgments, pre-scribing forms, and repealing certain acts relating thereto.


SECTION 1. That every conveyance of real Conveyanceof real

estate, or any interest therein, and every contract estieicte-

creating or evidencing any encumbrance upon real beu-

estate, shall be by deed: Provided, That when real deed.

estate, or any interest therein, is held in trust, theterms and conditions of which trust are of record,and the instrument creating such trust authorizesthe issuance of certificates or written evidence ofany interest in said real estate under said trust, and certificates

based onauthorizes the transfer of such certificates or evi- trust deed.

dence of interest by assignment by the holderthereof by a simple writing or by endorsement on

CH. 32-33.] 31

the back of such certificate or evidence of interestor delivery thereof to the vendee, such transfer shallbe valid, and all such assignments or transfershereby authorized and heretofore made in accord-ance with the provisions of this section are herebydeclared to be legal and valid.

SEc. 2. Every deed shall be in writing, signedDeed must by the party bound thereby, and acknowledged bybe in writing,thrb, akoldeigne wnd the party before some person authorized by this act

edged. to take acknowledgments of deeds.

SEC. 3. Acknowledgments of deeds, mortgagesAcknowledg- and other instruments in writing, required to beinents, beforewhom taken. acknowledged may be taken in this state before a

judge of the supreme court, or the clerk thereof, orthe deputy of such clerk, before a judge of the su-perior court, or the clerk thereof, or the deputy ofsuch clerk, or a county auditor, or the deputy ofsuch auditor, or a qualified notary public, or aqualified United States commissioner appointed byany district court of the United States for this state.

SEc. 4. Acknowledgments of deeds conveyingAcknowledg- or encumbering real estate situated in this state, orments out-side of state,before whom any interest therein, and other instruments in writ-taken. ing, required to be acknowledged, may be taken in

any other state or territory of the United States,the District of Columbia, or in any possession ofthe United States, before any person authorized totake the acknowledgments of deeds by the laws ofthe state, territory, district or possession whereinthe acknowledgment is taken, or before any com-missioner appointed by the governor of this state,for that purpose, but unless such acknowledgmentis taken before a commissioner so appointed by thegovernor, or before the clerk of a court of record ofsuch state, territory, district or possession, or beforea notary public or other officer having a seal ofoffice, the instrument shall have attached thereto acertificate of the clerk of a court of record of the


SESSION LAWS, 1929.

county, parish, or other political subdivision of suchstate, territory, district or possession wherein theacknowledgment was taken, under the seal of saidcourt, certifying that the person who took the ac-knowledgment, and whose name is subscribed to thecertificate thereof, was at the date thereof such of-ficer as he represented himself to be, authorized bylaw to take acknowledgments of deeds, and that theclerk verily believes the signature of the person sub-scribed to the certificate of acknowledgment to begenuine.

SEC. 5. Acknowledgments of deeds conveying Acknowledg-ments taken

or encumbering real estate situated in this state, or in foreign be-

any interest therein, and other instruments in writ- fore whom.

ing, required to be acknowledged, may be taken inany foreign country before any minister plenipoten-tiary, secretary of legation, charge d'affaires, consulgeneral, consul, vice consul, consular agent, or com-mercial agent appointed by the United States gov-ernment, or before any notary public, or before thejudge, clerk, or other proper officer of any court ofsaid country,. or before the mayor or other chiefmagistrate of any city, town or other municipal cor-poration therein.

SEC. 6. The officer, or person, taking an ac- ekinae o

knowledgment as in this act provided, shall certify en'.con

the same by a certificate written upon or annexedto the instrument acknowledged and signed by himand sealed with his official seal, if any he has, andreciting in substance that the person, or persons,known to him as the person, or persons, whose name,or names, are signed to the instrument as executingthe same, acknowledged before him that he or they,executed the same freely and voluntarily, on the date Certificate

stated in the certificate. Such certificate shall be prima facie

prima facie evidence of the facts therein recited.Deeds here-

SEc. 7. All instruments in writing purporting tofore ac-knowledgedunder actto convey or encumber real estate situated in this validated.

-2

OH. 33.] 33

state, or any interest therein, or other instrumentin writing required to be acknowledged, heretoforeexecuted and acknowledged according to the pro-visions of this act are hereby declared legal andvalid.

SEC. 8. Every instrument in writing purportingDeeds re- to convey or encumber real estate situated in thiscorded inauditor's state, or any interest therein, which has been re-notice. corded in the auditor's office of the county in which

such real estate is situated, although such instru-ment may not have been executed and acknowledgedin accordance with the law in force at the time ofits execution, shall impart the same notice to thirdpersons, from the date of recording, as if the instru-

Validated ment had been executed, acknowledged, and re-improperly corded, in accordance with the laws regulating theacknowl-edged. execution, acknowledgment and recording of such

instrument then in force.

SEc. 9. Warranty deeds for the conveyance ofWarranty land may be substantially in the following form,deeds.

without express covenants:The grantor (here insert the name or names and

place or residence) for and in consideration of (hereForm. insert consideration) in hand paid, conveys and war-

rants to (here insert the grantee's name or names)the following described real estate (here insertdescription), situated in the county of .............................. ,State of Washington. Dated this........day of............................................. , 1 9 .............Every deed in substance in the above form, whenotherwise duly executed, shall be deemed and helda conveyance in fee simple to the grantee, his heirsand assigns, with covenants on the part of the

Covenants grantor: 1. That at the time of the making anddelivery of such deed he was lawfully seized of anindefeasible estate in fee simple, in and to the pre-mises therein described, and had good right and fullpower to convey the same; 2. That the same were

34 SESSION LAWS, 1929. [Cii. 33.

SESSION LAWS, 1929.

then free from all encumbrances; and 3. That hewarrants to the grantee, his heirs and assigns, thequiet and peaceable possession of such premises,and will defend the title thereto against all personswho may lawfully claim the same, and such coven-ants shall be obligatory upon any grantor, his heirsand personal representatives, as fully and with likeeffect as if written at full length in such deed.

SEC. 10. Bargain and sale deeds for the con- Deeds ofbargain and

veyance of land may be substantially in the follow- sale, form of.

ing form, without express covenants: The grantor(here insert name or names and place of residence),for and in consideration of (here insert considera-tion) in hand paid, bargains, sells and conveys to(here insert the grantee's name or names) the fol-

lowing described real estate (here insert description)situated in the county of .............. , State ofWashington.D ated this...........................day of .......................................... , 19............Every deed in substance in the above form whenotherwise duly executed, shall convey to the grantee, eintshis heirs or assigns an estate of inheritance in feesimple, and shall be adjudged an express covenantto the grantee, his heirs or assigns, to-wit: Thatthe grantor was seized of an indefeasible estate infee simple, free from encumbrances, done or suf-fered from the grantor, except the rents and serv-ices that may be reserved, and also for quiet en-joyment against the grantor, his heirs and assigns,unless limited by express words contained in suchdeed; and the grantee, his heirs, executors, ad-ministrators and assigns may recover in any actionfor breaches as if such covenants were expressly in-serted.

SEC. 11. Quit claim deeds may be in substance Quit claim

in the following form: The grantor (here insertthe name or names and place of residence), for and Form.

in consideration of (here insert consideration) con-

CH. 33.] 35

veys and quit claims to (here insert grantee's nameor names) all interest in the following described realestate (here insert description), situated in thecounty of .......................................... , State of W ashington.D ated this ........................... day of ..................................... . 19 .............

Effect. Every deed in substance in the above form, whenotherwise duly executed, shall be deemed and helda good and sufficient conveyance, release and quitclaim to the grantee, his heirs and assigns in feeof all the then existing legal and equitable rights ofthe grantor in the premises therein described, butshall not extend to the after required title unlesswords are added expressing such intention.

SEC. 12. Mortgages of land may be made inMortgages. substantially the following form: The mortgagor

(here insert name or names) mortgages to (here in-Form. sert name or names) to secure the payment of (here

insert the nature and amount of indebtedness, show-ing when due, rate of interest, and whether evi-denced by note, bond or other instrument or not)the following described real estate (here insertdescription) situated in the county of....................................State of Washington.D ated this .................... day of ............................................. , 19..........

Effect. Every such mortgage, when otherwise properly ex-ecuted, shall be deemed and held a good and suffi-cient conveyance and mortgage to secure the pay-ment of the money therein specified. The partiesmay insert in such mortgage any lawful agreementor condition.

SEC. 13. A certificate of acknowledgment, sub-Certificate stantially in the following form shall be sufficient:of acknowl-edgm ent. S ta te of ..................................................... .............

County of ................... sOn this day personally appeared before me (here

Form of. insert the name of grantor or grantors) to me knownto be the individual, or individuals described in andwho executed the within and foregoing instrument,


SESSION LAWS, 1929.

and acknowledged that he (she or they) signed thesame as his (her or their) free and voluntary actand deed, for the uses and purposes therein men-tioned. Given under my hand and official seal this

.day of ............................................. , 19.......... (Signatureof officer and official seal)

If acknowledgment is taken before a notarypublic of this state the signature shall be followedby substantially the following: Notary Public inand for the State of Washington, residing at............................................................... , (giving place of residence).

SEC. 14. Certificates of acknowledgment of an Corporateacknowledg-

instrument acknowledged by a corporation shall be ment.

in substantially the following form:S ta te o f ..................................................................County of ............................. ....... ss

On this ...... day of .......................................... , 19.........before m e personally appeared ...................................................... ,to me known to be the (president, vice president, Form.

secretary, treasurer, or other authorized officer oragent, as the case may be) of the corporation thatexecuted the within and foregoing instrument, andacknowledged said instrument to be the free andvoluntary act and deed of said corporation, for theuses and purposes therein mentioned, and on oathstated that he was authorized to execute said in-strument and that the seal affixed is the corporateseal of said corporation.

In Witness Whereof I have hereunto set my handand affixed my official seal the day and year firstabove written. (Signature and title of officer withplace of residence of notary public.)

SEC. 15. That chapter CLXXI (171), sections statutes2311 to 2323, both inclusive, of the Code of Wash-ington Territory; an act entitled "An Act concern-ing conveyances of real estate and providing a formfor deeds, mortgages and certificates of acknowledg-ments, and declaring the effect thereof" approved

CH. 33.] 37

SESSION LAWS, 1929.

January 21, 1886, Laws of 1885-6, pages 177 to 180;chapter I (1) of the Laws of 1887/8, pages 1 and 2;chapter XXV (25) of the Laws of 1887/8, pages 50and 51; chapter XXVI (26) of the Laws of 1887/8,pages 51 and 52; chapter V (5) of the Laws of 1897,pages 5 and 6; chapter LIII (53) of the Laws of 1901,page 65; chapter 14 of the Laws of 1913, page 29;and chapter 172 of the Laws of 1915, pages 546 and547, (sections 10550 to 10555, 10558 to 10567 and10599 of Remington's Compiled Statutes; ,sections1909 to 1911, 1914 to 1928 and 4511 of Pierce's Code)are hereby repealed: Provided, That such repeal

Repeal not shall not be construed as affecting the validity ofto affectprior acts any act done, or any rights acquired under saiddone.

acts or either of them.



ATTORNEY'S FEES.

AN AcT relating to attorney's fees and repealing certain acts re-lating thereto. -


SECTION 1. That an act entitled "An Act to reg-Statutes ulate the fees of attorneys in judgments on promis-repealed.

. sory notes and similar instruments in writing" ap-proved January 29, 1886, Laws of 1885/6, pages176-177; chapter VIII (8) of the Laws of 1887/8,page 9; and chapter XLIV (44) of the Laws of 1891,page 83, are hereby repealed.


38 [Cin. 34.

SESSION LAWS, 1929.


NATURALIZATION OF ALIENS.

AN ACT relating to naturalization of aliens and repealing a cer-tain act relating thereto.


SECTION 1. That an act entitled "An Act more Statutes

specifically defining the jurisdiction and duties of p

district courts of the Territory of Washington inregard to the naturalization of aliens," Laws of1885/6, page 113,.(section 16 of Remington's Com-piled Statutes) is hereby repealed.



BOUNTIES ON WILD ANIMALS.

AN ACT relating to bounties on wild animals and repealing cer-tain acts relating thereto.


SECTION 1. That chapter CC (200), sections 2557 Statutes

to 2562, both inclusive, of the Code of Washington repealed.

Territory of 1881; an act entitled "An Act to amendsections 2557 and 2558 of the Code of WashingtonTerritory, relating to bounty for killing wild ani-mals," Laws of 1885/6, page 112; chapter 8 of theLaws of 1905, pages 23 to 25; and chapter 63 of theLaws of 1905, pages 121 to 123, (sections 3702 to

CH. 35-36.] 39

3707 of Remington's Compiled Statutes; sections7283 to 7288 of Pierce's Code) are hereby repealed.* Passed the Senate January 24, 1929.

Passed the House February 6, 1929.Approved by the Governor February 14, 1929.


SCHOOL FUNDS.

AN ACT relating to the distribution of certain school funds andrepealing a certain act relating thereto.


SECTION 1. That an act entitled "An Act to pro-r e vide for the distribution of the fund arising from

the gross earnings law" approved February 3, 1886,Laws of 1885/6, pages 95-96, is hereby repealed.



PROCEEDINGS SUPPLEMENTAL TO EXECUTION.

AN AcT relating to proceedings supplemental to execution andrepealing certain acts relating thereto.


SECTION 1. That chapter XXXV (35), sectionsSpates. 381-387 of the Code of Washington Territory of

1881; an act entitled "An Act to amend section 384of the Code of Washington Territory, and to secure

SESSION LAWS, 1929. [Cna. 37-38.40

SESSION LAWS, 1929.

to the people of the territory the right of trial byjury" approved January 15, 1886, Laws of 1885/6,page 73, and chapter XXII (22) of the Laws of 1891,pages 39 and 40, are hereby repealed.



CRIMINAL PROCESS.

AN AcT relating to criminal process of the superior court, andamending Section 1027 of the Code of Washington Territoryof 1881.


SECTION 1. That section 1027 of the Code of Amends§ 2080 Rem.

Washington Territory of 1881, (section 2080 of Ce Stat.;

Remington's Compiled Statutes; section 9175 of eees

Pierce's Code) be amended to read as follows:Section 1027. All criminal process issuing out Criminal

processof * * * * the superior court shall be directed to

directed to the sheriff of the county in which* * * the court is held, and be by him ex-ecuted according to law * * * *


OH. 39.] 41

SESSION LAWS, 1929.


LIVE STOCK KILLED BY RAILROADS.

AN ACT relating to liability of railroad companies for the valueof animals injured by trains and repealing a certain act re-lating thereto.

Be it enacted by the Legislature of the State of. Washington:

SECTION 1. That an act entitled "An Act to se-Act repealed. cure to the owners of live stock payment of the full

value of all animals killed or maimed by railroadtrains" approved November 28, 1883, Laws of 1883,pages 51 and 52, is hereby repealed.



COMMENCEMENT OF CIVIL ACTIONS.

AN ACT relating to the commencement of civil actions and re-pealing certain acts relating thereto.


SECTION 1. That chapter IV (4), sections 59 to

rpaled. 72 of the Code of Washington Territory of 1881;section 1 of an act entitled "An Act to correct errorsand supply omissions in the Code of Washington"approved November 28, 1883, Laws of 1883, page44; an act entitled "An Act to amend chapter IVof the Code of Washington Territory, relating tothe manner of commencement of civil actions" ap-proved February 4, 1886, Laws of 1885/6, pages 67to 70; an act entitled "An Act to amend section 59

42 [CH. 40-41.

SESSION LAWS, 1929.

of chapter 4 of the Code of Washington Territoryas amended and approved Nov. 28, 1883" approvedJanuary 9, 1886, Laws of 1885/6, page 74; chapterXV (15) of the Laws of 1887/8, pages 24 to 28,andchapter LVIII (58) of the Laws of 1891, pages 99to 102, are hereby repealed.



ELK.

AN ACT relating to elk and repealing Chapter CLXIV of the Codeof Washington Territory of 1881.


SECTION 1. That chapter CLXIV (164) of the statuteCode of Washington Territory of 1881, sections 2240 repealed,

and 2241, is hereby repealed.


Oit. 42.] 43

SESSION LAWS, 1929.


CIVIL ACTIONS.

AN ACT relating to issues in civil actions and repealing ChapterXIV of the Code of Washington Territory of 1881.


SECTION 1. That chapter XIV (14) of the CodeStatute orepealed. of Washington Territory of 1881, is hereby repealed.



DISBARMENT OF ATTORNEYS.

AN ACT relating to disbarment of attorneys and repealing Chap-ter 72 of the Laws of 1909.


SECTION 1. That chapter 72 of the Laws of 1909,Statute pages 130-131 is hereby repealed.repealed. pgshrb


44 [CH. 43-44.

SESSION LAWS, 1929.


COUNTY ROADS.

AN ACT relating to county roads and repealing certain acts relat-ing thereto.


SECTION 1. That an act entitled "An Act to Acts

legalize county roads" approved November 16, 1881, repealed.

Laws of 1881, pages 11 to 13, and chapter CCXXXVI(236), sections 3041 to 3048 of the Code of Wash-ington Territory of 1881, (sections 6492 and 6496-6502 of Remington's Compiled Statutes; sections6029-6036 of Pierce's Code) are hereby repealed.


CHAPTER 46.I [S. B. 27.)

PUBLIC HIGHWAYS.

AN ACT relating to public highways and repealing a certain actrelating thereto.


SECTION 1. That an act entitled "An Act relat- Acts

ing to public highways" approved January 20, 1886, repealed.

Laws of 1885/6, page 103, (sections 6485 and 6486of Remington's Compiled Statutes; sections 6020and 6021 of Pierce's Code) is hereby repealed.


OH. 45-46.] -45

SESSION LAWS, 1929.


SUPERIOR COURT JUDGES.

AN ACT relating to judges of the superior court and repealingcertain acts relating thereto.


SECTION 1. That chapter III (3) of the Laws ofStatutes 1901, pages 4 to 5; chapter XIII (13) of the Laws

of 1901, pages 12 to 13; chapter 40 of the Laws of1903, pages 46 to 47, and chapter 22 of the Laws of1905, page 43, are hereby repealed.


CHAPTER 48.(S. B. 33.1

MUNICIPAL INDEBTEDNESS.

AN ACT relating to the validation of municipal indebtedness andrepealing Chapter 221 of the Laws of 1907.


SECTION 1. That chapter 221 of the Laws ofStatutes 1907, pages 512 to 514, is hereby repealed: Provided,repealed.

That this repeal shall not affect the validity of anyact done or proceeding had under said act.


46 [Cia. 47-48.

SESSION LAWS, 1929.


CONGRESSIONAL DISTRICTS.

AN ACT relating to congressional districts and repealing Chapter181 of the Laws of 1907.


SECTION 1. That chapter 181 of the Laws of Statuterepealed.

1907, page 403, is hereby repealed.



PUBLIC ROADS.

AN ACT relating to the location of public roads and repealingChapter CIX of the Laws of 1887/8.


SECTION 1. That chapter CIX (109) of the Laws Statuterepealed.

of 1887/8, page 196, is hereby repealed.


Cm. 49-50.] 47

SESSION LAWS, 1929.


LUMBERING AND LOGGING.

AN ACT relating to roads and chutes for lumbering and loggingand repealing Chapter LXXVII of the Laws of 1887/8.


SECTION 1. That chapter LXXVII (77) of theStatute Laws of 1887/8, pages 132 to 141, is hereby repealed.repealed.



STREET GRADES.

AN ACT relating to damages for change of street grades and re-pealing certain acts relating thereto.


SECTION 1. That an act entitled "An Act to pro-Statute vide for the payment of damages, growing out ofrepealed.

the changes of grades in the streets or sidewalksof cities and incorporated villages," approvedNovember 28, 1883, Laws of 1883, pages 63 to 64,is hereby repealed.


48 [Cir. 51-52.

SESSION LAWS, 1929.


GARNISHMENT IN JUSTICE COURTS.

AN ACT relating to garnishment in justice courts, and repealingcertain acts relating thereto.


SECTION 1. That chapter LVI (56) of the Laws Statutes

of 1887/8, pages 101 to 105, and chapter 64 of the repealed.

Laws of 1903, page 82, (sections 1807-1822 of Rem-ington's Compiled Statutes) are hereby repealed.



PAYMENT OF OBLIGATIONS.

AN ACT relating to the payment of obligations, and repealingChapter LV of the Laws of 1897.


SECTION 1. That chapter LV (55) of the Laws statuterepealed.

of 1897, pages 91 to 92, is hereby repealed.Passed the Senate January 25, 1929.Passed the House February 7, 1929.Approved by the Governor February 14, 1929.

CH. 53-54.] 49

SESSION LAWS, 1929.


DUPLICATE WARRANTS.

AN ACT relating to duplicate warrants and repealing ChapterCXXIX of the Laws of.1887/8.


SECTION 1. That chapter CXXIX (129) of theStatutes Laws of 1887/8, pages 236 to 237, is hereby repealed:repealed.

Provided, That such repeal shall not affect any rightRepeal not acquired or the validity of any act done under saidto affectvalidity of act renealed.prior acts rdone. Passed the Senate January 25, 1929.

Passed the House February 7, 1929.Approved by the Governor February 14, 1929.

CHAPTER 56:[S. B. 54.1

AERONAUTICAL BUILDING.

AN ACT making an appropriation for the equipment and furnish-ing of an aeronautical building for the University of Wash-ington, and declaring that this act shall take effect imme-diately.


SECTION 1. There is hereby appropriated out ofAppropria- the University of Washington fund the sum of fifty$50,000.00 teefbfor construc- thousand dollars, or so much thereof as may betion of aero-nautical necessary, for the equipment and furnishing of anbuilding. aeronautical building for the University of Wash-

ington.SEC. 2. This act is necessary for the immediate

Act efthfsategoirnenimmedael. support of the state government and its existing

public institutions, and shall take effect immediately.

Passed the Senate January 24, 1929.Passed the House February 7, 1929.Approved by the Governor Februaiy 14, 1929.

50 [CH. 55-56.

SESSION LAWS, 1929.


HIGHWAYS IN ISLAND COUNTIES.

AN ACT making appropriations for the construction and Mtain-tenance of highways in counties composed entirely of islands,and declaring that this act shall take effect immediately.


SECTION 1. For the construction and mainten- Appropria-tion for con-

ance of highways in counties composed entirely of struction andmaintenance

islands there is hereby appropriated from any of highwaysin San Juan

moneys in the state treasury to the credit of Island and Island

and San Juan counties, respectively, in the perma-nent highway fund, the following sums:

For Island County............... $24,483.57For San Juan County ............... $9,628.67

Which sums shall be immediately transmitted tothe county treasurers of the respective counties.

SEC. 2. This act is necessary for the immediate Effective

support of the state government and its existing immediately.



CH. 57.] 51

SESSION LAWS, 1929.


APPEALS FROM JUSTICE COURTS.

AN.ACT relating to appeals from justices of the peace in civilactions and proceedings, and repealing certain acts relatingthereto.


SECTION 1. Any person considering himself ag-Appeals to grieved by the judgment or decision of a justice ofc"ouor the peace in a civil action may, in person or by hispermitted. agent or attorney, appeal therefrom to the superior

court of the county where the judgment was ren-No appeal dered or decision made: Provided, There shall beunlessamount inno appeal allowed unless the amount in controversy,volved ex-ceeds $20. exclusive of costs,- shall exceed the sum of twenty

dollars.

SEC. 2. Such appeal shall be taken by servingServing and a copy of notice of appeal on the adverse party orfiling notice apa atof appeal, his attorney, and filing such notice of appeal with

the justice, and, unless such appeal be by a county,city, town or school district, filing a bond or under-taking, as herein provided, within twenty days afterthe judgment is rendered or decision made. No ap-

Bond peal, except when such appeal is by a county, city,required. town or school district, shall be allowed in any case

unless a bond or undertaking shall be executed onthe part of the appellant and filed with and approvedby the justice, with one or more sureties, in the sum

Amount of of one hundred dollars, conditioned that the appel-bond.

lant will pay all costs that may be awarded againsthim on appeal; or if a stay of proceedings beforethe justice be claimed, except by a county, city, town

Stay of or school district, a bond or undertaking, with twoproceedings.

or more personal sureties, or a surety company assurety, to be approved by the justice, in a sum equal

52 [CH. 58.

SESSION LAWS, 1929.

to twice the amount of the judgment and costs, con-ditioned that the appellant will pay such judgment,including costs, as may be rendered against him onappeal, be so executed and filed.

SEC. 3. Upon an appeal being taken and a bond Proceedingsbefore

filed to stay all proceedings, the justice shall allow justicesuspended.

the same and make an entry of such allowance inhis docket, and all further proceedings on the judg-ment before the justice shall thereupon be sus-pended; and if in the meantime execution shall havebeen issued, the justice shall give the appellant acertificate that such appeal has been allowed.

SEC. 4. On such certificate being presented to Release ofproperty

the officer holding the execution, he shall forthwith heldio

release the property of the judgment debtor thatmay have been taken on execution.

SEC. 5. Within ten days after the appeal has Filing oftranscript onbeen taken in a civil action or proceeding, the appel- appeal.

lant shall file with the clerk of the superior court atranscript of all entries made in the justice's docketrelating to the case, together with all the processand other papers relating to the case filed with thejustice which shall be made and certified by suchjustice to be correct upon the payment of the feesallowed by law therefor, and upon the filing of suchtranscript, the superior court shall become possessedof the cause, and shall proceed in the same manner,as near as may be, as in actions originally com-menced in that court, except as in this act otherwise Superior

co rtprovided. The issue before the justice shall be tried proceedings.

in the superior court without other or new pleadings,unless otherwise directed by the court.

SEc. 6. If upon an appeal being taken, the superiorcourt may

justice shall fail, neglect or refuse, upon the tender compel prep-aration and

or payment of the fees allowed by law, to make and certificationof transcript.

certify the transcript, the appellant may make ap-plication, supported by affidavit, to the superior

53CH. 58.]

SESSION LAWS, 1929.

court and the court shall issue an order directingthe justice to make and certify such transcript uponthe payment of such fees, and whenever it shall ap-pear to the satisfaction of the superior court thatthe return of the justice to such order is substanti-ally erroneous or defective it may order him toamend the same. If the justice shall fail, neglect orrefuse to comply with any order issued under theprovisions of this section he may be cited andpunished as for contempt of court.

SEC. 7. No appeal allowed by a justice of theAppeal not peace shall be dismissed on account of any defect into be dis- pdsisdo eetimissed be- the bond on appeal, if the appellant, before thecause of de- hbod ppapelntfective bond. motion is determined, shall execute and file in the

superior court such bond as he should have executedat the time of taking the appeal, and pay all coststhat may have accrued by reason of such defect.

SEC. 8. In all cases of appeal to the superiorJudgmeernit court, if on the trial anew in such court, the judg-in Sueircut0Court. ment be against the appellant, in whole or in part,

such judgment shall be rendered against him andhis sureties on the bond on appeal.

SEC. 9. That chapter CXXVI (126), sectionsStatutes 1858 to 1867 of the Code of Washington Territoryrepealed.

of 1881; chapter II (2) of the Laws of 1887/8, pages2 and 3; sections 1, 2, 3, 4 and 5 of chapter XXIX(29) of the Laws of 1891, pages 66 and 67, andchapter 20 of the Laws of 1905, page 41, (sections1910-1918 of Remington's Compiled Statutes; sec-tions 9401-9409 -of Pierce's Code) are hereby re-pealed: Provided, That such repeal shall not affectthe validity of any act done, or proceedings pendingunder said acts repealed, or either of them, but thisact shall be construed as a continuation of said actsrepealed.


54 [CH. 58.

SESSION LAWS, 1929.

CHAPTER 59.- [H. B. 37.]

STATE PENITENTIARY.

AN ACT relating to the state penitentiary and repealing certainacts relating thereto.


SECTION 1. That chapter CCLI (251), sections statutesrepealed.

3295 to 3297 of the Code of Washington Territoryof 1881; chapter XXIX (29) of the Laws of 1887/8,pages 55 to 57; XCI (91) of the Laws of 1887/8,pages 168 to 171; and act entitled "An Act to amendsection three (3) of an act entitled 'An Act to governthe officers of the territorial penitentiary and to pro-vide for their compensation, approved February 2,1888,' and declaring an emergency", approvedMarch 26, 1890, Laws of 1889/90, pages 501 to 502;section 20 of chapter CXLVII (147) of the Laws of1891, pages 361 to 362; and chapter LXXIV (74) ofthe Laws of 1897, pages 201 to 203, (sections 10223,10224, 10237, 10241 and 10242 of Remington's Com-piled Statutes; sections 4378, 4379, 4388, 4411 and4412 of Pierce's Code) are hereby repealed: Pro-vided, That such repeal shall not affect the validityof any act done under said acts repealed, or eitherof them.

SEC. 2. Nothing contained in chapter 38 of the Chap. 38Laws of 1905

Laws of 1905 shall be so construed as to exclude not to ex-clude min-

ministers of any denomination from giving gratui- isters.

tous religious -or moral instruction to prisonersunder such reasonable rules and regulations as thedirector of business control may prescribe.


OH. 59.] 55

SESSION LAWS, 1929.


JUDGMENTS IN CIVIL ACTIONS.

AN ACT relating to judgments, their duration, lien, assignmentand satisfaction and repealing certain acts relating thereto.


SECTION 1. The real estate of any judgmentReal estate debtor, and such as he may acquire, not exempt byheld to sat- ma otbisfy judg- law, shall be held and bound to satisfy any judgmentment.

of the district court of the United States renderedin this state, any judgment of the supreme or su-perior court of this state, and any judgment of anyjustice of the peace rendered in this state, and everysuch judgment shall be a lien thereupon to commenceas hereinafter provided and to run for a period ofnot to exceed six years from the day on which suchjudgment was rendered: Provided, however, That

Judgment on any such judgment rendered upon a contract madecontractmade prior prior to the ninth day of June, 1897, any judgmentto June 9,197. upon, or reviving or continuing such judgment, and

any revival thereof, shall cease to be a lien upon thereal estate of the judgment debtor at the end of fiveyears from the rendition thereof, and in case of anappeal from any such judgment of the superiorcourt, the date of the final judgment in the supremecourt shall be the time from which said five yearsshall commence to run. Personal property of thejudgment debtor shall be held only from the time itis actually levied upon.

SEc. 2. The lien of judgments upon the real

mene- estate of the judgment debtor shall commence asjudgment ilien. follows:

(a) Judgments of the district court of theJudgments United States rendered in the county in which theof UnitedStatescourts. real estate of the judgment debtor is situated, and

56 [CH. 60.

SESSION LAWS, 1929.

judgments of the superior court for the county in SuperiorCourt

which the real estate of the judgment debtor is judgments.

situated, from the time of the entry thereof;(b) Judgments of the district court of the United

United States rendered in any county in this state &lr"tetjudgmentsother than that in which the real estate of the judg- in countiesin which

ment debtor to be affected is situated, judgments of real estateis not

the supreme court of this state, and judgments of located.

the superior court for any county other than that inwhich the real estate of the judgment debtor to beaffected is situated, from the time of the filing of aduly certified abstract of such judgment with thecounty clerk of the county in which the real estateof the judgment debtor to be affected is situated, asprovided in this act;

(c) Judgments of a justice of peace rendered Juein the county in which the real estate of the judg- court.

ment debtor is situated, from the time of the filingof a duly certified transcript of the docket of thejustice of the peace with the county clerk of thecounty in which such judgment was rendered, andupon such filing said judgment shall become to allintents and purposes a judgment of the superiorcourt for said county; and

(d) Judgments of a justice of the peace ren- In countiesother than

dered in any other county in this state than that in tinreal

which the real estate of the judgment debtor to be loc ted.

affected is situated, a transcript of the docket ofwhich has been filed with the county clerk of thecounty where such judgment was rendered, from thetime of filing, with the county clerk of the county inwhich the real estate of the judgment debtor to beaffected is situated, of a duly certified Abstract ofthe record of said judgment in the office of the countyclerk of the county in which the certified transcriptof the docket of said judgment of said justice of thepeace was originally filed.

Cu. 60.]) 57

SEC. 3. The abstract of a judgment provided

dsrac of for in this act shall contain (1) the name of theparty, or parties, in whose favor the judgment wasrendered; (2) the name of the party, or parties,against whom the judgment was rendered; (3) thedate of the rendition of the judgment; (4) theamount for which the judgment was rendered, andin the following manner, viz: Principal $........................;interest $...... ; costs $ ..... ; total $..............

A transcript of the docket of a justice of theTranscript peace provided for by this act shall contain an exactof docket ofjustice copy of the judgment from the justice's docket.court.

SEC. 4. It shall be the duty of the county clerkCounty clerk to enter in his execution docket any duly certifiedto enterjusticetscript. transcript of a judgment of a justice of the peace

and any duly certified abstract of any judgment ofany court mentioned in this act, filed in his office,and to index the same in the same manner as judg-ments originally rendered in the superior court forthe county of which he is clerk.

SEc. 5. It shall be the duty of the county clerkCounty clerk~ke eodbtto keep to keep a proper record index, both direct and in-record index. verse, of any and all judgments, abstracts and tran-

scripts of judgments in his office, and all renewalsthereof, and such index shall refer to each partyagainst whom the judgment is rendered or whoseproperty is affected thereby, and shall, together withthe records of judgments be open to public inspec-tion during regular office hours. When any judg-ment has been assigned, the assignment may be filedin the office of the county clerk in the county where

the judgment is recorded and a certified copy thereofmay be filed in any county where an abstract of suchjudgment has been filed and from the time of suchfiling shall be notice of such assignment.

Whenjudgment SEc. 6. When any judgment for the payment ofpaid satisfac- ol sa hation to beentered. money only shall have been paid or satisfied, the


SESSION LAWS, 1929.

clerk of the court in which such judgment was ren-dered shall note upon the record in the executiondocket satisfaction thereof giving the date of suchsatisfaction upon either the payment to such clerkof the amount of such judgment, costs and interestand any accrued costs by reason of the issuance ofany execution, or the filing with such clerk of asatisfaction entitled in such action and identifyingthe same executed by the judgment creditor or hisattorney of record in such action or his assigneeacknowledged as deeds are acknowledged. A cer-tificate by such clerk of the entry of such satisfac-tion by him may be filed in the office of the clerk ofany county in which an abstract of such judgmenthas been filed. When so satisfied by the clerk or thefiling of such certificate the lien of such judgmentshall be discharged.

SEC. 7. After the expiration of six years from ceases to belien after

the date of the entry of any judgment heretofore or six years.

hereafter rendered in this state, it shall cease to bea lien or charge against the estate or person of thejudgment debtor, and no suit, action or other pro-ceeding shall ever be had on any judgment renderedin this state by which the lien or duration of suchjudgment, claim or demand, shall be extended or con-tinued in force for any greater or longer period thansix years from the date of the entry of the originaljudgment, except as in the next section of this actprovided.

SEC. 8. If any judgment heretofore or hereafter Revival ofjudgment on

rendered in this state upon a contract made prior to contracts

the ninth day of June, 1897, or any judgment upon, 19ne ,

or reviving or continuing such judgment, or any re-vival thereof, shall remain unsatisfied, in whole orin part, at the end of five years from the date of itsrendition, the judgment creditor may sue thereon,or the lien thereof may be revived and continued,as in this section provided:

Ona. 60.] 59

(1) The judgment creditor, his assignee, or theJudgment party to whom the judgment is due and payable,creditor toMe motion. shall file a motion with the clerk of the court where

the judgment is entered, to revive and continue thelien of the same, with leave to issue an execution.The motion shall state the names of the parties tothe judgment, the date of its entry, the amountclaimed to be due thereon, or the particular prop-erty, of which the possession was thereby adjudgedto such party, remaining undelivered. The motionshall be subscribed in the same manner as anoriginal complaint.

(2) At any time after filing such motion, theNotice party filing it may cause notice to be served on theserved onjudgment judgment debtor in like manner and with like effectdebtor.

as a summons; said notice shall be attached to acopy of said motion by the clerk of the court, and beserved by the sheriff or other officer as an originalsummons and shall cite the judgment debtor to ap-pear and show cause why said motion should not beallowed. The time in which the judgment debtorshall be required to appear, shall be the same as isprescribed for answer to a complaint and the lawapplicable to service of a summons, shall apply tothe service of such notice. In case the judgmentdebtor be dead, the notice may be served upon hislegal representative.

(3) The judgment debtor, or in case of hisAnswer or death his legal representative, may file an answerdemurrer to eths rpeettv, flmotion. or demurrer to such motion, within the time allowed

by law to answer a complaint, alleging any defenseto such motion which may exist. If no answer befiled within the time prescribed, the motion shall beallowed as of course. The moving party may demuror reply to the answer. The pleadings shall be sub-scribed and verified, and the proceedings concludedas in original actions.

SESSION LAWS, 1929. [Cia. 60.60

SESSION LAWS, 1929.

(4) The word "representatives" in this section "Represent-

shall be deemed to include any and all persons in oent

whose possession property of the judgment debtorwhich is liable to be taken and sold or delivered insatisfaction of the execution, may be, and not other-wise.

(5) The order allowing the motion shall specify Order allow-ing motion.

the amount due upon such unsatisfied judgment forwhich execution is to issue, or the particular prop-erty the possession of which is to be delivered, andshall be entered in the journal and docket as a judg-ment, and a final record shall be made of the pro-ceedings in the same manner as a judgment.

Such motion shall not be granted unless it is Motion tobe granted.

established by the oath of the party, or other satis-factory proof, that the judgment or some partthereof remains unsatisfied. The order of the courtallowing the motion and granting leave to issue anexecution shall operate as a revival of the judgmentfor the amount found to be due at the time of such Oerates to

revival and the same shall be and continue a lien judgment.

upon the real estate of the judgment debtor situatedin the county wherein the order is entered, for aperiod of five years from and after the date of suchorder, in like manner with the original judgment, andupon the real estate of the judgment debtor situatedin any other county upon the filing of a duly certifiedtranscript of such order with the county clerk ofthe county in which the real estate to be affected issituated. Revival judgments shall bear the samerate of interest and be in all respects similar tooriginal judgments as to lien and enforcement ofcollection: Provided, however, That no judgmentupon a contract made prior to the ninth day of June,1897, and subsequent to the ninth day of June, 1891, Proceedings

for revivalnor any judgment upon, or reviving or continuing toenc-

such judgment, nor any revival thereof, shall be sued yenrs.

upon, or shall be revived or continued unless such

OH. 60.] 61

SESSION LAWS, 1929.

suit or proceedings for such revival or continuanceshall be commenced within six years after the date

In appeal of its rendition, and Provided, further, That in allcases timeruns from cases of an appeal from any judgment mentioned indate of finaljudgment. this section, the date of final judgment in the su-

preme court of this state shall be the time fromwhich said period of five years, or six years, as thecase may be, shall commence to run.

SEC. 9. That chapter XXVIII (28), sections

ralued 320, 321, 322, and chapter XXIX (29), sections 323and 324, and section 753 of the Code of WashingtonTerritory of 1881; an act entitled "An Act relatingto the filing and recording of transcripts of judg-ments rendered in this state by the district or circuitcourts of the United States", approved February19, 1890, Laws of 1889/90, pages 97 to 98; section 5of chapter XXXVIII (38) of the Laws of 1891, pages77 to 78; chapter LXXXIV (84) of the Laws of1891, pages 165 to 166; chapter XLII (42) of theLaws of 1893, pages 65 to 67, and chapter XXXIX(39) of the Laws of 1897, pages 52 to 53, chapterXI of the Laws of 1897, page 10, (sections 445, 446,447, 450, 451, 452, 453, 454, 455, 456, 458, 459, 460,461, 462 and 463 of Remington's Compiled Statutes;sections 8111, 8112, 8113, 8114, 8115, 8116, 8117, 8118,8119,-8120, 8121, 8125, 8126, 8163, 8164 and 8165 of

Validity ofP Coearprior acts Pierce's Code) are hereby repealed: Provided, Thatand proceed-ings saved. such repeal shall not be construed as affecting any

rights acquired or the validity of any act done orproceeding had or pending under the provisions ofany of said acts repealed.


62 [Cui. 60.

SESSION LAWS, 1929.


REVENUE AND TAXATION IN CITIES.

AN Acr relating to revenues, taxation, expenditures and indebted-ness of cities and towns, prescribing penalties for violations

.thereof, and repealing certain acts relating thereto.


SECTION 1. It shall be the duty of the council of teh class

every city of the fourth class, or town, on or beforethe second Monday in September of each year, tomake estimates of the amount required to meet thepublic expense for the ensuing year, and to be raised Annualestimates of

by taxation in such city or town. Such estimates expenses.

shall be fully itemized, showing under separate headsthe amount required for each department, publicoffice, public official, public improvement, mainten-ance of each public building, structure or institu-tion, the salary of each public officer or employe, themaintenance of public highways, roads, streets,bridges, and the construction, operation and main-tenance of each public utility, and shall contain afull and complete disclosure and statement of thecontemplated expenditures for the ensuing year,showing the amount proposed to be expended fromeach separate fund, and the total amount of publicexpense. Said statement shall also contain an esti-mate of the receipts for the ensuing year from Estimate of

receipts.sources other than direct taxation, and the amount,or amounts, proposed to be raised by taxation uponthe real and personal taxable property within suchcity or town.

SEc. 2. The estimates required in section one Noticeof

(1) of this act, together with a notice that such city fix tax levy.

or town council will meet on the first Monday inOctober for the purpose of making tax 'levies, as

CH. 61.] 63

stated in said estimates, and naming the time andplace of holding such meeting, shall be published forat least two (2) consecutive weeks following theadoption of such estimates, in a newspaper of gen-eral circulation in such city or town.

SEc. 3. It shall be the duty of the city or townTaxpayers council to meet on the first Monday in October, atto be heard.

the time and place designated in said notice, and tohear any taxpayer who may appear in favor of oragainst any proposed tax levies. When such hear-ing shall have been concluded, such city or towncouncil shall proceed to make, determine, and decidethe amount of taxes to be levied upon the currentassessment rolls. All taxes shall be levied or votedin specific sums, and shall not exceed the amountsspecified in such published estimates.

SEC. 4. It shall be unlawful for any city or townUnlawful council, or any public officer or employe of any cityfor offleersto contract of the fourth class, or town, to contract any indebted-excessiveindebtedness. ness or incur any liability in behalf of their or his

city or town during any current fiscal year morethan two per cent in excess of the revenues providedfor such year at the public hearing held as requiredby the preceding section unless authorized by a ma-jority vote of the electors of the city or town, at ageneral or special election, and any indebtednesscontracted or liability incurred in violation hereofshall be void, but nothing herein contained shall beheld to modify or change the limitations prescribedby any law limiting the debts of any such city ortown to an amount based on a percentage of the as-sessed valuation thereof.

SEc. 5. Any person violating the provisions ofthis act shall be guilty of a misdemeanor, and upon

Penalty for a conviction thereof shall be fined in any sum notviolation.

less than one hundred dollars, nor more than fivehundred dollars.

SESSION LAWS, 1929. [Cur. 61.64

SESSION LAWS, 1929.

SEC. 6. That chapter 138 of the Laws of 1909, Sttue

pages 531 to 532, and chapter 141 of the Laws of1917, pages 581 to 582, (sections 11229 to 11233 ofRemington's Compiled Statutes; sections 7024 to7028 of Pierce's Code) are hereby repealed: Pro-vided, Such repeal shall not be construed as affect-ing the validity of any act done or proceeding had orpending under the provisions of any of said actsrepealed.

Passed the House January 29, 1929.Passed the Senate February 13, 1929.Approved by the, Governor February 25, 1929.

CHAPTER 62.[H. B. 101.]

BRIDGE ACROSS NARROWS IN PIERCE COUNTY.

AN ACT relating to the construction, maintenance and operationof a bridge and approaches thereto across Puget Soundwithin the County of Pierce, at or near a point commonlyknown as the Narrows; granting the consent of the Stateof Washington therefor to Llewellyn Evans, J. F. Hickey,and B. A. Lewis, their survivors and assigns; and grantinga right of way therefor through, over and across the sub-merged and public lands of the State of Washington, andauthorizing the filling in thereof.


SECTION 1. That Llewellyn Evans, J. F. Hickey LlewelynEvans, J. F.

and B. A. Lewis (and in case of the death of any Hey, B. A.

grantedthereof, the survivors or survivor thereof) herein- franchise to

after called the grantees, and their assigns, be and construct.

they are hereby authorized to construct, maintain,and operate a bridge and approaches thereto acrossPuget Sound, within the County of Pierce, at a pointsuitable to the interests of navigation, at or near apoint commonly known as the Narrows, in accord-ance with the provisions of the Federal Act entitled

-3

CH. 62.] 65

"An Act to regulate the construction of bridges overnavigable waters", approved March 23, 1906, andsubject to the conditions and limitations containedin this act.

SEc. 2. Said bridge shall not be built or com-Plans and menced until the plans and specifications for its con-specificationsto be ap- struction, together with such drawings of the pro-Aroved byecretary f posed construction and such maps of the proposedWar, Chief

niteer of location as may be required for a full understandingStates. of the subject have been submitted to the secretary

of war, and chief of engineers of the United States,for their approval, nor until they shall have ap-proved such plans and specifications and the locationof such bridge and accessory works; and when theplans for said bridge have been approved by saidchief of engineers and said secretary of war, itshall not be lawful to deviate from such plans, eitherbefore or after completion of the structure, unlessthe modification of such plans has previously beensubmitted to and received the approval of saidchief of engineers and of said secretary of war.

SEC. 3. After the completion of such bridge, asState determined by the secretary of war, either the Stateor anymunicality of Washington, or any municipality or political sub-or politicalsubdivision division thereof within or adjoining which any partmay acquire

ametion. of such bridge is located, or any two or more ofthem jointly, may at any time acquire and take overall right, title and interest in such bridge and itsapproaches, and any interest in real property neces-sary therefor, by purchase or by condemnation inaccordance with the laws of such state governingthe acquisition of private property for public pur-poses by condemnation or expropriation. If at any

Condemna- time after the expiration of twenty years after thetion or ex-propriation completion of such bridge the same is acquired bydamages notto includeexrpitofgoodwill. condemnation or expropriation, the amount of

damages or compensation to be allowed shall not in-clude good will, going value, or prospective revenues


SESSION LAWS, 1929.

or profits, but shall be limited to the sum of (1) theactual cost of constructing such bridge and its ap- Items of

proaches, less a reasonable deduction for actual de- damage.

preciation in value, (2) the actual cost of acquiringsuch interests in real property, (3) actual financingand promotion cost, not to exceed 10 per centum ofthe sum of the cost of constructing the bridge and itsapproaches and acquiring such interest in real prop-erty, and (4) actual expenditures for necessary im-provements, less a reasonable deduction for actualdepreciation in value.

SEC. 4. A right of way for said bridge and ap- Right ofway for

proaches thereto through, over and across the sub- bridge andapproachesmerged and public lands of the State of Washingtoi,.ver public.I.n lands.

including all tide and shore lands, which have beenor may hereafter be established or arise is herebygranted to the grantees and their assigns, togetherwith the right to fill in the same.

SEC. 5. Any and all tolls charged for the transit Toll charges. to be

over said bridge of engines, cars, street cars, wagons,. reasonable.

carriages, vehicles, animals, foot passengers or otherpassengers shall be reasonable and just, and thesecretary of war may, and in case of his failure orrefusal to act upon the request of the departmentof public works of the State of Washington, said de-partment may, at any time and from time to time,prescribe the reasonable rates of tolls for suchtransit over said bridge and the rates so prescribedshall be the legal rates and shall be the rates de-manded and received for such transit.

SEC. 6. If such bridge shall at any time be taken Rate oftolls when

over or acquired by the State of Washington, or by taken overby state or

any municipality or other political subdivision or municipality.

public agency thereof, under the provisions of sec-tion 2 of this act, and if tolls are charged for the usethereof, the rates of tolls shall be so adjusted as toprovide a fund sufficient to pay for the reasonable

OH. 62.] 67{

SESSION LAWS, 1929.

cost of maintaining, repairing, and operating thebridge and its approaches under economical manage-ment, and to provide a sinking fund sufficient toamortize the amount paid therefor including rea-sonable interest and financing cost as soon as pos-sible under reasonable charges, but within a periodof not to exceed twenty years from the date of ac-

Sinking fund quiring the same. After a sinking fund sufficient

amorti- for such amortization shall have been so provided,such bridge shall thereafter be maintained andoperated free of tolls, or the rates of tolls shallthereafter be so adjusted as to provide a fund ofnot to exceed the amount necessary for the propermaintenance, repair and operation of the bridge andits approaches under economical management. Anaccurate record of the amount paid for acquiring thebridge and its approaches, the actual expendituresfor maintaining, repairing, and operating the same,and of the daily tolls collected shall be kept and shallbe available for the information of all persons in-terested.

SEC. 7. The grantees and their assigns, shallGrantees within ninety days after the completion of suchto file with

seetarh highway department of the State of Washington, ao ste bridge file with the secretary of war, and with the

sworn itemized statement showing the actual originalcost of constructing the bridge and its approaches,the actual cost of acquiring any interest in realproperty necessary therefor, and the actual financingand promotion costs. The secretary of war may,and in case of his failure or refusal to act upon therequest of the highway department of the State ofWashington, said highway department may at anytime within three years after the completion of suchbridge, investigate such costs and determine the ac-curacy and the reasonableness of the costs allegedin the statement of costs so filed, and shall make afinding of the actual and reasonable costs of con-

[CH. 62.68

SESSION LAWS, 1929.

structing, financing, and promoting such bridge; forthe purpose of such investigation the said granteesand their assigns, shall make available all records inconnection with the construction, financing and pro-motion thereof. The findings of the secretary ofwar, or of said highway department, as the casemay be, as to the reasonable costs of the construc-tion, financing, and promotion of the bridge shall beconclusive for the purposes mentioned in section 2of this act, subject only to review in a court of equityfor fraud or gross mistake.

SEC. 8. The right to sell, assign, transfer and Assignmentand sale of

mortgage all the rights, powers, and privileges con- ithts

ferred by this act is hereby granted to the granteesand their assigns, and any corporation to which orany person to whom such rights, powers, and privi-leges may be sold, assigned or transferred, or whoshall acquire the same by mortgage foreclosure orotherwise, is hereby authorized and empowered toexercise the same as fully as though conferred hereindirectly upon such corporation or person.

SEC. 9. The authority herein granted shall cease Franchiseto become

and be null and void unless the actual construction of void unlessconstruction

the bridge authorized in this act is commenced within comne dwithin two

two years and completed within four years from the years.

date of passage of this act.SEC. 10. That all acts and parts of acts and/or Acts and

resolutionsall resolutions and parts of resolutions of the State in conflict

are repealed.of Washington in conflict herewith in any way af-

fecting the use of the stated right-of-way and rightto construct and operate a toll bridge as granted andprovided herein, are hereby repealed.

Passed the House February 4, 1929.Passed the Senate February 13, 1929..Approved by the Governor February 25, 1929.

CH. 62.] 69


CHAPTER 63.[H.- B. 179.1

SWAMP LANDS AND CANALS AND WATERWAYS IN CITIES.

AN AcT relating to cities of the first, second or third class provid-ing for the drainage and filling of low lands, swamp lands,tide lands or tide flats within their borders and in effectingsuch fill and drainage and to secure material therefor, em-powering such cities to construct and control shipping canalsand artificial waterways for public use and to acquire, hold,and lease lands abutting upon said canals or waterways forthe purpose of erecting public docks, wharves and bridgesand to lease said lands to private persons or concerns formanufacturing, shipping and other commercial purposes, andproviding for the payment of such improvement by creatingspecial improvement districts assessing the cost of such im-provements to the land benefited thereby from the generalexpense fund or both of such methods and extending to suchcities the right of eminent domain for the purpose of carry-ing into effect the provisions of this act, for the taking ordamaging of property and providing a method of makingcompensation therefor, and amending Sections 9449, 9456,9460, 9469 and 9470 of Remington's Compiled Statutes ofWashington.


SECTION 1. That section 9449 of Remington'sAmends§944Rem. Compiled Statutes of Washington be amended toComp. stat. read as follows:

Section 9449. Whenever the city council or com-

counislion mission of any city of the first, second or third classto determinenecessity for in this state shall deem it necessary or expedient onfill of lowlands, account of the public health, sanitation, the generalswamplands, etc. welfare, or other cause, to fill or raise the grade or

elevation of any marsh lands, swamp lands, tidelands or lands commonly known as tide flats, or anyother lands situated within the limits of such cityand to clear and prepare said lands for such filling,such city shall have power so to do; and for the

SESSION LAWS, 1929.

purpose of filling and raising the grade or elevationof such lands, and to secure material therefor andto provide for the proper drainage thereof aftersuch fill has been effected, the city council or coin-mission of such city may, if it deems it advisable soto do, acquire rights of way (and where necessary May acquire

yrights ofor desirable, may vacate, use and appropriate -ay and

build canalsand water-streets and alleys for such purposes) and lay out, ways.

build, construct and maintain over and across suchlowlands, canals or artificial waterways of at leastsufficient width, depth and length to provide andafford the quantity of earth, dirt and material re-quired to complete such fill, and 'with the earth, dirtand material removed in digging and constructingsuch canals and waterways, fill and raise the gradeor elevation of such marsh lands, swamp lands, tidelands or tide flats; and such canals or waterwaysshall be constructed of such width and depth (pro-vided that all the earth, dirt and other suitable ma-terial removed in constructing the same shall beused to fill the lowlands as herein provided) as willmake them available, convenient and suitable toprovide water frontage for landings, wharves andother conveniences of navigation and commerce forthe use and benefit of the city and the public; andwhen such canals or waterways shall have been con-structed as herein provided, such city may constructand maintain the necessary bridges over and across may con-

struct andthe same; such canals or waterways shall be forever maintain

bridges.

under the control of such city and shall be and be-come public thoroughfares and waterways for theuse and benefit of commerce, shipping, the city andthe public generally. The expense of making suchimprovement and in doing, accomplishing and ef- Expense to

be assessedfecting all the work provided for in this act, in-to property

benefited.cluding the cost of making compensation for prop-erty taken or damaged, and all other cost and ex-pense incidental to such improvement, shall be as-

CH. 63.] 71

SESSION LAWS, 1929.

sessed to the property benefited, except such amountof such expense as the city council or commission,in its discretion, may direct to be paid out of thecurrent or general expense fund. Proceedings forthe filling and for changing the grade and elevationof any such lowlands may be had in the manner pro-vided in this act.

SEc. 2. That section 9456 of Remington's Com-Amends piled Statutes of Washington be amended to read asS94 56of pb oraRem c.Stat. com±. follows:

Section 9456. From and after the equalization of

o se lments the roll, the several assessments in such roll con-toneeal tained, shall become a lien upon the real estate

described in such roll, and shall remain such lienuntil paid, and such lien shall take precedence of allother liens against such property, except the lien ofgeneral taxes. The assessments herein provided forshall be collected by the same officers and enforced

collection of in the same manner as now provided by law orassessments. which may be hereafter enacted for the collection

and enforcement of local assessments for street im-provements of the class.herein described, and all ofthe provisions of existing laws and ordinances rel-ative to the guaranty, enforcement and collection oflocal assessments for street improvements includingforeclosure in case of delinquency, shall be appli-cable to the assessments made pursuant to this act.

SEC. 3. That section 9460 of Remington's Com-piled Statutes of Washington be amended to read asfollows:

Section 9460. The local assessments herein pro-Rate of vided for shall bear interest at such rate as may beinterest onassessments. fixed by the council or commission, not exceeding

the rate of eight per centum per annum from andafter the expiration of thirty days after the equali-zation of the assessment-roll and shall bear suchinterest after ,delinquency as may be provided by

72 [CH. 63.

SESSION LAWS, 1929.

general ordinance of the city. Warrants drawn Warrantsto bear

against any such local improvement district shall Interest.

bear interest from the date of issuance at the rateof eight per centum per annum.

SEC. 4. That section 9469 of Remington's Com- Amends

piled Statutes of Washington be amended to read as tat. comp,

follows:Section 9469. The right of eminent domain is Right of

hereby extended to any such city for the condemna- domain.

tion of lands and other property, either within orwithout the corporate limits of such city, for the*purpose of filling and draining such marsh lands,swamp lands, lowlands, tide lands, or tide flats andin so doing constructing said canals or waterwaysas contemplated in this act; and every such cityshall have the right to appropriate real estate or Real estate

may beother property for the rights of way of such canals appropriated

or waterways or whatever property is necessary tobe appropriated or damaged for the constructionthereof, and the filling and draining of such marshlands, lowlands, swamp lands, tide lands or tide flatsand for other uses provided for in this act; and allthe provisions of sections 9215 to 9280, and actsamendatory thereof shall be applicable and used inappropriating and damaging lands as contemplatedby this section except in so far as the same may beinconsistent with this act; and the right of eminentdomain authorized by this section shall be exercised for eminent

in the same manner and under the same procedure domain,

as is authorized by said sections 9215 to 9280, andacts amendatory thereof.

SEC. 5. That section 9470 of Remington's Com- A-mends§ 9470 Rem.piled Statutes of Washington be amended to read as Comp. Stat.

follows:Section 9470. This act shall not be construed as Construction

limited.repealing or in any wise affecting sections 9426 to9448, or any other existing laws relative to the

CiH. 63.] 73

making of any such improvements as are embracedwithin this act, but this act shall be considered asconcurrent with such existing laws.

Passed the House February 9, 1929.Passed the Senate February 18, 1929.Approved by the Governor February 27, 1929.


CONSOLIDATION OF MUNICIPAL CORPORATIONS.

AN ACT relating to the consolidation of municipal corporations,and repealing certain acts relating thereto.


SECTION 1. Two or more contiguous municipalContiguous corporations may become consolidated into one cor-municipal .corporations poration after proceedings had as required by thismay become .consolidated, act. When municipal corporations are separated

by water and/or tide or shore lands upon which nobona fide residence is maintained by any person,they shall be deemed contiguous for all the purposesof this act, and may be consolidated under the termshereof, and upon such consolidation any such inter-vening water and/or tide or shore lands shallbecome a part of the consolidated corporation.

SEC. 2. The council, or other legislative body,Petition of either of such contiguous corporations, upon re-presentedto council. ceiving a petition therefor signed by not less than

one-fifth of the qualified electors of such corpora-tion, as shown by the votes cast at the last generalmunicipal election held in such corporation, shall,within ninety days after receiving such petition, sub-mit to the electors of each of such corporations, ata special election to be held for that purpose, thequestion whether such corporations shall become

74 SESSION LAWS, 1929. [Cur. 64.

SESSION LAWS, 1929.

consolidated into one corporation, and, in case eitherbut not all of the existing corporations is operatingunder the commission form of government, shallsubmit to said electors the question of the form ofgovernment under which the new corporation shallbe, organized and operated, whether the commissionform or the councilmanic form: Provided, That inall cases wherein cities and towns of the third or Third andfourth class

fourth classes desire annexation to a city of the first rexed toclass neither the question of consolidation or formof government shall be submitted to the electors ofsuch city of the first class.

SEc. 3. The legislative body receiving such peti- Date forelection totion shall designate a day upon which such special be desig-

election shall be held in each of the corporations. nated.

proposed to be consolidated to determine whethersuch consolidation shall be effected, and shall givewritten notice thereof to the legislative boay of eachof the corporations proposed to be consolidated,which notice shall designate the name of the pro-posed new corporation in all cases except the pro-posed annexation of cities or towns of the third orfourth class to a city of the first class.

SEc. 4. Upon the giving and receiving of such Legislatvenotice ofnotice, it shall be the duty of the legislative body of election by

each of the corporations proposed to be consoli- publication.

dated, except the legislative body of a city of thefirst class in case of the proposed annexation ofcities or towns of the third or fourth class to suchcity of the first class, to call and give notice of suchspecial election by publication for four weeks priorto such election, in a legal newspaper published insuch corporation, or in case no legal newspaper ispublished therein, then in a legal newspaper pub-lished in the county and of general circulation insuch corporation. Such notice shall distinctly statethe propositions to be submitted, the names of the Propositionsubmitted.corporations proposed to be consolidated, the name

CH. 64.] 75

of the proposed new corporation, and the class towhich such proposed new corporation will belong,and shall invite the electors to vote upon such propo-

Ballots. sition by placing a cross "X" upon their ballotsafter the words "For consolidation" or "Againstconsolidation," and, in case the question of the formof government of the proposed new corporation issubmitted, to place a cross "X" upon their ballotsafter the words "For commission form of govern-ment" or "For councilmanic form of government."

SEc. 5. In all cases, except the proposed an-Canvass of nexation of cities or towns of the third or fourthelectionvotes classes to a city of the first class, the legislative

bodies of each of such corporations shall meet injoint convention at the usual place of meeting of thelegislative body of that one of the corporationshaving the largest population as shown by the lastUnited States census, on the Monday next succeed-ing the day of such election, and proceed to canvassthe votes cast thereat. The votes cast in each ofsuch corporations shall be canvassed separately, andif it shall appear upon such canvass that a ma-jority of the votes cast in each of such corporationswere for consolidation, such joint convention, byorder entered in its minutes, shall cause the clerk,or other officer performing the duties of clerk, of the

Abstract of legislative body at whose place of meeting such jointvote.convention was held, to make a certified abstract ofsuch vote showing the whole number of votes cast,the number of votes cast for consolidation and thenumber of votes cast against consolidation, in eachof such corporations. In case the question of theform of government of the new corporation shallhave been submitted at such election, the votesthereon shall be canvassed in like manner as thevotes on consolidation, and the result of such can-vass shall be included in the abstract, showing thetotal number of votes cast in all of the corporations


SESSION LAWS, 1929.

for the commission form of government and the totalnumber of votes cast in all of the corporations forthe councilmanic form of government, and the formof government for which a majority of all the votescast shall be the form of government of the new cor-poration. A duly certified copy of such abstractshall be filed with the legislative body of each of thecorporations affected and recorded upon its minutes, Abstract

filed withand it shall be the duty of the clerk, or other officer legislative

body andi* secretary ofperforming the duties of clerk, of each of such legis- tar o

lative bodies, to transmit to the secretary of state aduly certified copy of the record of such abstract.

SEC. 6. Immediately after the filing of the ab- Officers forconsolidatedstract, the legislative body of that one of such cor- corporation.

porations having the largest population, as shownby the last United States census, shall call a specialelection, to be held in such new corporation, for theelection of the officers required by law to be electedin corporations of the class and form of governmentto which such new corporation belongs, which elec-tion shall be held within six months thereafter:Provided, That if the next regular general electionof officers in cities of the class and form of govern-ment of such new corporation will be held within oneyear and not less than two months from the date ofsuch consolidation election, then the officers of suchnew corporation shall be elected at the said nextregular election. Such regular or special electionshall be called and conducted in all respects in themanner prescribed, or that may be hereafter pre- Reguar or

scribed, by law for municipal elections in corpora- cledn

tions of the class of such new corporation, and thevotes cast shall be canvassed by the legislative bodycalling the same, who shall immediately declare theresult thereof and cause the same to be entered uponits journal, and file certified copies of such resultwith the legislative body of each of the other corpo-

CH. 64.] 77

SESSION LAWS, 1929.

rations affected, who in like manner shall cause thesame to be entered upon its journal.

SEC. 7. From and after the date of such entryNameand such corporations shall be deemed to be consolidatedstyle of

"ewcorpora- into one corporation under the name and style of"The City, (or town as the case may be) of ..................... "(naming it), with the powers conferred, or that mayhereafter be conferred, by law, upon municipal cor-porations of the class to which the same shall be-long, and the officers elected at such election, uponqualifying as provided by law, shall be entitled toenter immediately upon the duties of their respec-tive offices, and shall hold such offices respectivelyuntil the next regular general election to be held insuch city or town, and until their successors areelected and qualified.

SEC. 8. When the electors of any city, or town,Third and of the third or fourth class shall vote upon the ques-fourth class

e nneon tion of annexation to a city of the first class, thetion. legislative body of such city or town shall canvass

the votes and, if it appear that a majority be infavor of annexation, shall, if said city of the firstclass is divided into wards and governed by council-men elected from such wards respectively, forthwith

Census to cause a census to be taken by one or more competentbe taken.persons, of all the inhabitants of such city or town.In such census the full name of each person shall beplainly written, and the names alphabetically ar-ranged and regularly numbered in one completeseries, and said census shall be verified before anofficer authorized to administer oaths. Upon thecompletion of such census the legislative body ofsuch city or town shall forthwith file a petition, to-gether with a certified abstract of the votes so takenand canvassed and a copy of the census, if one hasbeen taken, with the legislative body of such city of

Prayer or the first class, praying for annexation under theannexation.name of such city of the first class.

78 [Cm. 64.

SESSION LAWS, 1929.

SEC. 9. At the next regular meeting of the legis- Meeting of~the clas bdy of first

lative body of such city of the first class following class city to

the filing of such petition, or as soon thereafter as consider.

practicable, said legislative body shall proceed tohear such petition and abstract, and census if any,and if such legislative body deem it wise and exped-ient to take and annex such city or town of the thirdor fourth class, it shall pass an ordinance, in themanner required by law and the charter of such city,declaring such city or town annexed to said city ofthe first class, which ordinance, in case said city isdivided into wards and governed by councilmenelected from such wards respectively and the popu-lation of said city or town annexed, as shown by said Wards for

annexedcensus, is sufficient to constitute one or more wards corporation.

of said city of the first class, shall provide that suchcity or town be annexed as one or more wards ac-cording to population, and shall describe the bound-aries of and assign a number, or numbers, to suchward or wards. In case the population of such an-nexed city or town be not sufficient to constitute award or wards of the city of the first class, the ter-ritory embraced in such annexed city or town shall,by said ordinance, be assigned to and become a partof the ward or wards of such city of the first classcontiguous to such annexed city or town. In casesaid city of the first class be not divided into wards,said ordinance shall simply provide that said cityor town be annexed to such city of the first class.

SEC. 10. Upon the taking effect of such ordi- Efet on

nance of such city of the first class, such city ortown of the third or fourth class shall thereuponbecome a part of such city of the first class underthe name and style of such city and subject to itscharter and all of its laws and ordinances then inforce. In case such city or town shall have been an-nexed as a new ward or wards of such city of thefirst class, the legislative body thereof shall immedi-

CH. 64.] 79

SESSION LAWS, 1929.

Election of atl alaeetocouncilman ately call a special election to be held in such newfrom newwardse ward or wards for the purpose of electing one

councilman from each such ward, who shall holdoffice until the next general election of such city ofthe first class, and until his successor is elected andqualified: Provided, That if such general electionwill occur within six months after such annexationno special election for the election of councilmenshall be called. Such special election, if one becalled, shall be called, held and conducted, and thevote cast thereat shall be canvassed and the resultdeclared, in all respects as provided by law and thecharter and ordinances of such city of the first classfor holding special elections. It shall be the dutyof the clerk, or other officer performing the duties of

Clerk to clerk, of such city of the first class, upon the takingtransmitciycasupnteakgcopy of eanxn iyoproceedings effect of the ordinance annexing such city or town,ofstar to forthwith transmit.to the secretary of state a cer-

tified copy of all proceedings had before and by thelegislative body of such city of the first class re-lating to such annexation.

SEC. 11. Upon the consolidation of two or moreTitle to corporations, or the annexation of any city or townproperty.

of the third or fourth class to a city of the first class,as provided in this act, the title to all propertyowned by, or held in trust for, such former cor-poration, or city or town, shall vest in such con-solidated corporation, or city of the first class, asthe case may be: Provided, That if any such formercorporation, or city or town, shall be indebted, theproceeds of the sale of any such property not re-quired for the use of such consolidated corporation,or city of the first class, shall be applied to the pay-ment. of such indebtedness, if any exist at the timeof such sale.

SEC. 12. Such consolidation, or annexation,Existing shall in no wise affect or impair the validity of claimclaims andactions. or chose in action existing in favor of or against,

80o [CH. 64.

SESSION LAWS, 1929.

any such former corporation or city or town so con-solidated or annexed, or any proceeding pending inrelation thereto, but such consolidated corporation,or city of the first class, as the case may be, shallcollect such claims in favor of such former cor-poration, or cities or towns of the third or fourthclasses, and shall apply the proceeds to the paymentof any just claims against them respectively, andshall when necessary levy and collect taxes againstthe taxable property within any such former cor-poration, or city or town, sufficient to pay all justclaims against it.

SEC. 13. All ordinances in force within any such ome

former corporation, at the time of consolidation, not corporation.

in conflict with the laws governing the consolidatedcorporation, or with the ordinances of the formercorporation having the largest population, as shownby the last United States census, and all ordinancesin force within a city or town of the third or fourthclass, not in conflict with the laws governing, or thecharter or ordinances of, the city of the first classto which it is annexed, shall remain in full force andeffect until superseded or repealed by the legislativebody of the consolidated corporation, or city of thefirst class, as the case may be, and shall be enforced Conflicting

ordinancesby such corporation -or city, but all ordinances of deemed

such former corporations, or cities or towns of the repealed.

third or fourth class, in conflict with such laws, char-ters or ordinances shall be deemed repealed by, andfrom and after, such consolidation or annexation,but nothing in this section shall be construed to dis-charge any person from any liability, civil or crim-inal, for any violation of any ordinance of such for-mer corporation, or city or town of the third orfourth class, incurred prior to such consolidation orannexation.

SEC. 14. No property within either former cor- Taxation ofproperty of

poration so consolidated under the provisions of this formeration.

CH. 64.] 81

SESSION LAWS, 1929.

act, shall ever be taxed to pay any portion of anyindebtedness or obligation of either of the other ofsuch former corporations, contracted or incurredprior to the date of such consolidation; no propertywithin any former city or town of the third or fourthclass annexed to any city of the first class under theprovisions of this act, shall ever be taxed to payany portion of any indebtedness or obligation ofsuch city of the first class contracted or incurredprior to the date of such annexation, and no prop-erty within such former city of the first class shallever be taxed to pay any portion of any indebted-ness or obligation -of any city or town of the thirdor fourth class annexed to such city of the first classunder the provisions of this act, contracted or in-curred prior to the date of such annexation.

SEC. 15. That section 10 of an act entitled "An

rpaued. Act providing for the organization, classification,incorporation and government of municipal cor-porations and declaring an emergency" approvedMarch 27, 1890, Laws of 1889/90, pages 138 to 140;chapter 167 of the Laws of 1927, pages 180 to 185;and chapter 293 of the Laws of 1927, pages 718 to721, (sections 8909-8913, both inclusive, of Rem-ington's Compiled Statutes; section 647 of Pierce's

Saving Code) are hereby repealed: Provided, That suchclause.repeal shall not be construed as affecting the valid-ity of any act done or proceeding had or rightsacquired under either of said acts or any amend-ment thereof, or to affect any proceeding pendingunder said acts or either of them, at the time of tak-ing effect of this act, but this act shall be construedas a reenactment and continuation of said acts inso far as it does not conffict therewith.

SEC. 16. That the attempted consolidation ofValidation two or more contiguous municipal corporations pur-of attemptedconsolidation. suant to the provisions of either chapter 167 of the

Laws of 1927 or chapter 293 of the Laws of 1927 be,

82 [CH. 64.

SESSION LAWS, 1929.

and any such consolidation of any such cities ortowns, is hereby in all respects validated.

Passed the House February 19, 1929.Passed the Senate February 18, 1929.Approved by the Governor February 27, 1929.


LOCAL IMPROVEMENTS IN CITIES.

AN ACT relating to local improvements in cities and towns, andrepealing certain acts relating thereto.


SECTION 1. That chapter XIII (13) of the Laws statuterepealed.

of 1887/8, pages 16 to 20, is hereby repealed.Passed the Senate January 25, 1929.Passed the House February 20, 1929.Approved by the Governor February 27, 1929.


HIGHWAY THROUGH UNIVERSITY GROUNDS.

AN ACT dedicating certain lands in the State University groundsas a public highway.


SECTION 1. That the westerly twenty (20) feet Legalti.

of the State University grounds, lying northerly ofEast Pacific street and a twenty-five (25) foot striplying north -and parallel to the north line of EastPacific street, between 15th Avenue N. E. and whatis known as Pay Streak in the University grounds,

CH. 65-66.] 83

SESSION LAWS, 1929.

more particularly described as follows: That por-tion of section sixteen (16), township twenty-five(25) north, range four (4) east, W.,M., describedas follows: Beginning on the northwest corner ofsection sixteen (16), township twenty-five (25)north, range four (4) east, W. M.; thence south 00degrees 58' 58" west, a distance of thirty-five andone one-hundredths (35.01) feet; thence south 89degrees 57' 47" east, a distance of thirty and threeone-thousandths (30.003) feet to the true point ofbeginning; thence south 00 degrees 58' 58" west, adistance of two thousand eight hundred sixty andtwenty-two one-hundredths (2860.22) feet; thencesouth and east on an arc.of a curve to the left whoseradius is fifty (50) feet, a distance of forty-sevenand twenty one-hundredths (47.20) feet; thencesouth 53 degrees 06' 17" east, a distance of five hun-dred nine and fifty-seven one-hundredths (509.57)feet; thence north 00 degrees 58' 58" east a distanceof thirty and eighty-seven one-hundredths (30.87)feet; thence north 53 degrees 06' 17" west, a distanceof four hundred eighty-four and eighty-eight one-hundredths (484.88) feet; thence on an are of acurve west and north to the right whose radius isfifty (50) feet, a distance of forty-seven and twentyone-hundredths (47.20) feet; thence north 00 de-grees 58' 58" east, a distance of two thousand eighthundred forty-three and eighty-three one-hun-dredths (2843.83) feet; thence to the point of be-ginning north 89 degrees 57' 47" west, a distance oftwenty and two one-thousands (20.002) feet, be andthe same are hereby dedicated to the use of the pub-lic as a public highway.


84 [CH. 66.

SESSION LAWS, 1929.


PUBLIC EDUCATION.

AN ACT relating to public education and repealing certain actsrelating thereto.


SECTION 1. That chapter CCXLV (245), sep- Statutes. rep~ealed,

tions 3154 to 3241 of the Code of Washington Terri-tory of 1881; an act entitled "An Act to amend thecommon school law of the Territory of Washing-ton," approved November 28, 1883, Laws of 1883,pages 3 to 24; an act entitled "An Act to amendthe common school law of the Territory of Wash-ington,'" approved February 4, 1886, Laws of1885/6, pages 3 to 28; an act entitled "An Act toamend section 18 of an act entitled an act to amendthe common school law of the Territory of Wash-ington, approved A. D. 1886," approved February 4,1886, Laws of 1885/6, page 29; an act entitled "AnAct relating to the study of physiology and hygienein the public schools of Washington Territory andeducational institutions receiving aid from thecounty or territorial treasury," approved Decem-ber 23, 1885,. Laws of 1885/6, pages 29 to 31; an actentitled "An Act to establish a school for the deaf,mute, blind and feeble-minded youth of Washing-ton Territory," approved February 3, 1886, Laws of1885/6, pages 136 to 141; chapter XIV (14) of theLaws of 1887/8, pages 21 to 24; chapter XLVII(47) of the Laws of 1887/8, pages 86 to 87; chapterCXI (111) of the Laws of 1887/8, page 198; chapterCXII (112) of the Laws of 1887/8, pages 199 to 200;chapter CXIII (113) of the Laws of 1887/8, pages200 to 202; chapter CXIV (114) of the Laws of1887/8, pages 202 to 203; an act entitled "An Act

Ona. 67.] 85

SESSION LAWS, 1929.

allowing school districts to borrow money and issuebonds for the building and furnishing of schoolhouses; to permit the funding of school districtbonds heretofore or hereafter to be issued, legaliz-ing the same, and declaring an emergency," ap-proved March 19, 1890, Laws of 1889/90, pages 45to 51; an act entitled "An Act to amend section one(1) of an act entitled 'An Act allowing school dis-tricts to borrow money and issue bonds for thebuilding and furnishing of school houses; to per-mit the funding of school district bonds heretoforeor hereafter to be issued, legalizing the same anddeclaring an emergency,' and declaring an emerg-ency," approved March 28, 1890, Laws of 1889/90,pages 51 to 52; an act entitled "An Act to create acommission of technical instruction, and to estab-lish a state agricultural college and school of science,and to declare an emergency," approved March 28,1890, Laws of 1889/90, pages 260 to 266; an act en-titled "An Act to establish a state normal school,"approved' March 28, 1890, Laws of 1889/90, pages278 to 281; an act entitled "An Act to establish anormal school for the State of Washington in thecity of Cheney, in Spokane county, and for the gov-ernment, management and control of the same,"approved March 22, 1890, Laws of 1889/90, pages281 to 286; an act entitled "An Act to establish ageneral uniform system of common schools in theState of Washington, and declaring an emergency,"approved March 27, 1890, Laws of 1889/90, pages348 to 385; an act entitled "An Act to establish asystem of common schools in cities of ten thousandor more inhabitants, and to provide for properlymaintaining, governing and grading the same," ap-proved March 26, 1890, Laws of 1889/90, pages 386to 395; an act entitled "An Act to provide for thecompulsory education of defective youth and pro-viding penalties for violations thereof," approved

[CH. 67.86

SESSION LAWS, 1929.

March 20, 1890, Laws of 1889/90, pages 497 to 498;chapter CXXVII (127) of the Laws of 1891, pages237 to 260; chapter CXLV (145) of the Laws of1891, pages 334 to 341; chapter LXV (65) of theLaws of 1893, page 142; chapter CVII (107) of theLaws of 1893, pages 254 to 263; chapter CIX (109)of the Laws of 1893, pages 265 to 269; chapter V(5) of the Laws of 1895, pages 8 to 9; chapter XII(12) of the Laws of 1895, page 17; chapter XXI (21)of the Laws of 1895, pages 26 to 33; chapter LVI(56) of the Laws of 1895, pages 100 to 101; chapterLXVIII (68) of the Laws of 1895, pages 122 to124; chapter CI (101) of the Laws of 1895, pages193 to 194; chapter CXLVI (146) of the Laws of1895; pages 365 to 366; chapter CXLVII (147) ofthe Laws of 1895, pages 366 to 368; chapter CL(150) of the Laws of 1895, pages 373 to 378; chapterCXVIII 4118) of the Laws of 1897, pages 356 to449; chapter XIV (14) of the Laws of 1899, pages18 to 22; chapter LXXXI (81) of the Laws of 1899,pages 130 to 131; chapter CXL (140) of the Lawsof 1899, pages 280 to 284; chapter CXLII (142) ofthe Laws of 1899, pages 306 to 327; chapter XLI(41) of the Laws of 1901, pages 41 to 47; chapterCIV (104) of the Laws of 1901, pages 216 to 217;chapter CXXVI (126) of the Laws of 1901, page267; chapter CLXXVII (177) of the Laws of 1901,pages 370 to 383; chapter V (5) of the Laws of theExtraordinary Session of 1901, pages 8 to 12; chap-ter 48 of the Laws of 1903, pages 55 to 58; chapter104 of the Laws of 1903, pages 157 to 185; chapter109 of the Laws of 1903, pages 191 to 192; chapter117 of the Laws of 1903, pages 220 to 221; chapter140 of the Laws of 1903, pages 266 to 267; chapter153 of the Laws of 1903, pages 310 to 311.; chapter154 of the Laws of 1903, pages 312 to 314; chapter156. of the Laws of 1903, pages 325 to 331; chapter56.of the Laws of 1905, pages 104 to 108; chapter

OH. 67.] 87

85 of the Laws of 1905, pages 170 to 173; chapter

142 of the Laws of 1905, pages 260 to 266; chapter162 of the Laws of 1905, pages 316 to 319; chapter31 of the Laws of 1907, pages 38 to 42; chapter 58of the Laws of 1907, pages 96 to 98; chapter 59 ofthe Laws of 1907, page 98; and chapter 81 of theLaws of 1907, pages 142 to 143, are hereby repealed:

Not to affect Provided, That such repeal shall not be construedvalidity ofprior acts as affecting the validity of any act done under saiddone.

acts repealed, or either of them, or as reviving anyact amended or repealed by any act repealedhereby.

Passed the House February 4, 1929.Passed the Senate February 20, 1929.Approved by the Governor March 1, 1929.


ADMINISTRATIVE BOARD.

AN ACT relating to the powers and duties of the administrativeboard, and amending Section 15 of Chapter 7 of the Laws of1921.


SECTION 1. That section 15 of chapter 7 of theAmends Laws of 1921, pages 15 to 17, (section 10773 of Rem-§ 10773 Rem.Comp. stat. ington's Compiled Statutes) be amended to read as

follows:Section 15. The administrative board shall have

Powers and the power, and it shall be its duty:duties. tepwr n tsalb t uy

(1) To, from time to time, systematize 'andyt mie unify the administrative duties of the departments

departments aecetd ti nof state of the state government created by this act, andgovernment. make such necessary assignments of duties to the

SESSION LAWS, 1929. [Cai. 68.88

SESSION LAWS, 1929.

departments as it may deem advisable to correlateand coordinate the work of the department;

(2) To, from time to time, classify all subordi- classifysubordinate

nate officers and employees of the state offices, de- officers andemployes.

partments, and institutions in accordance with thesystem of classification prepared by the director ofefficiency;

(3) To, from time to time, determine the sal- Determinesalary and

aries and compensations to be paid such subordi- compensa-

nate officers and employees in accordance with theclassification and scale of salaries and compensa-tions adopted by the board;

(4) To fix the amount of bond to be given by Fix amount

each appointive state officer and each employee of of bond.

the state in all cases where the same is not fixed bylaw;

(5) To require the giving of an additional bond, Reqduireadditional

or a bond in a greater amount than that provided bond.

by law, in all cases where in its judgment the statu-tory bond is not sufficient in amount to cover theliabilities of the officer or employee;

(6) To, by resolution, exempt subordinate em- Exemptemployees

ployees from giving bond when in its judgment the from givingbond.

powers and duties of such employees are such as notto require the giving of a bond to protect the state.

Passed, the House February 7, 1929.Passed the Senate February 20, 1929.Approved by the Governor March 1, 1929.

Ou. 68.] 89

SESSION LAWS, 1929.


CO-OPERATIVE MARKETING ASSOCIATIONS.

AN ACT relating to boards of directors of co-operative marketingassociations and amending Section 11 of Chapter 115 of theLaws of 1921.


SECTION 1. That section 11 of chapter 115 of§e288d8 em. the Laws of 1921, pages 362 to 363, (section 2888 ofComp. Stat. Remington's Compiled Statutes) be amended to

read as follows:Section 11. The affairs of the association shall

Boardonot fessof be managed by a board of not less than five directorsthan fivedirectors. a majority of whom shall be residents of the State

of Washington and who shall be elected by the mem-bers or stockholders from their own number. Theby-laws may provide that the territory in which the

Districts for association has members shall be divided into dis-election ofdirectors. tricts and that the directors shall be elected accord-

ing to such districts. In such a case the by-lawsshall specify the number of directors to be electedby each district, the manner and method of reappor-tioning the directors and of redistricting the terri-tory covered by the association. The by-laws shallprovide that primary elections shall be held in eachdistrict to select the directors apportioned to suchdistricts and the result of all such primary electionsmust be ratified by the next regular meeting of the

Director ofagriculture association. The by-laws shall provide that one orto appointdirector. more directors shall be appointed by the director

of agriculture. The director or directors so ap-pointed need not be members or stockholders of theassociation, but shall have the same powers andrights as other directors, and shall be regarded asrepresenting the interests of the public. An asso-

90 [CH,. 69.

SESSION LAWS, 1929.

ciation may provide a fair remuneration for the Rmunera-tion for

time actually spent by its officers and directors in omiers.

its service. No director, during the term of hisoffice, shall be a party to a contract for profit withthe association differing in any way from the busi-ness relations accorded regular members or holdersof common stock of the association, or to any otherkind of contract differing from terms generally cur-rent in that district. When a vacancy on the boardof directors occurs, other than by expiration of term, vacancy in

board filled.the remaining members of the board, by a majorityvote, shall fill the vacancy, unless the by-laws pro-vide.for an election of directors by district. In sucha case the board of directors shall immediately calla special meeting of the members or stockholders inthat district to fill the vacancy.

Passed the House January 29, 1929.Passed the Senate February 20, 1929.Approved by the Governor March 1, 1929.


TAXATION OF SEVERED TIMBER.

AN AcT relating to taxation, and providing that severed timberassessed as real property may be treated as personal prop-erty after its severance.

Be it enacted by the Legislature of the State ofWashington: Considered

CerondreSECTION 1. Whenever standing timber which ppera.

has been assessed as real estate is severed from theland as part of which it was so assessed, it may beconsidered by the county assessor as personal prop-erty, and the county assessor shall thereafter be en-titled to pursue all of the rights and remedies pro-vided by law for the collection of personal property

CH. 70.] 91

taxes in the collection of taxes levied against suchtimber: Provided, That whenever the county asses-sor elects to treat severed timber as personaltyunder the provisions of this section, he shall imme-diately give notice by mail to the person or personscharged with the tax of the fact of his election, andthe amount of tax standing against the timber.


CHAPTER 71.[H. B. 170.]

INDUSTRIAL LOAN COMPANIES.

AN ACT relating to industrial loan companies, and amending Sec-tion 3, Chapter 172 of the Laws of 1923 (section 3862-3 ofRemington's 1927 Supplement; 4691-3, Pierce's 1926 Code).


SECTION 1. That section 3 of chapter 172 of theAmends Laws of 1923 (section 3862-3, Remington's 1927 Sup-§ 3862-3

te.19 Cp. plement; 4691-3, Pierce's 1926 Code) be amendedSup.§ 4691-3 to read as follows:Pierce's1926 Code. Section 3. The supervisor of banking shall col-Supervisor lect in advance the following fees:of bankingto collect For filing application for certificate of authority and at-f ees.

tendant investigation as required by the law, the costthereof, but not less than........................$100.00(If the cost of such attendant examination shall ex-

ceed $100.00, the applicant shall pay such excesswhen ascertained by the supervisor of banking.)

Schedule. For filing articles of incorporation, or amendments thereof,or other certificates required to be filed in his office... 10.00

For issuing a certificate of increase or decrease of capitalstock ........................................ 10.00

For issuing each certificate of authority................. 10.00For furnishing copies of papers filed in his office, per folio .20

92 SESSION LAWS, .1929. [Cii. 71.

SESSION LAWS, 1929. 93

Every industrial loan company shall also pay to To paysecretary of

the secretary of state or county auditor for filing stat eandauditorany instrument with him the same fees as are re- same feesas general

quired of general corporations for filing correspond- corporations.

ing instruments, and also the same license fees asare required of general corporations.


CHAPTER 72.[H. B. 171.]

BANKING AND TRUST BUSINESS.

AN ACT relating to banking and trust business and amendingSections 12, 19, 22, 24 and 36 of Chapter 80 of the Laws of1917 (Sections 3219, 3226, 3229 and 3231 of Remington's 1927Supplement, and Section 3243 of Remington's Compiled Stat-utes; Sections 262, 269, 272 and 274 of Pierce's 1926 Supple-ment; and Section 286 of Pierce's 1926 Code).


SECTION 1. That section 12 of chapter 80 of the m2ends en.Laws of 1917, as amended by section 1 of chapter Co2p Suat.,

§ 262115 of the Laws of 1923 (section 3219, Remington's Pierce's

1927 Supplement; section 262, Pierce's 1926 Supple- 1926 Sup.

ment) be amended to read as follows:Section 12. The supervisor of banking shall col- ]ees col-

lected inlect in advance the following fees: advance.

For filing application for certificate of authority and at-tendant investigation as outlined in the law, the costthereof, but not less than.........................$100.00 Schedule.(If the cost of such attendant examination shall exceed

$100.00, the applicant shall pay such excess whenascertained by the supervisor of banking.)

For filing application for certificate conferring trust powersupon a state or national bank ....................... 100.00

For filing articles of incorporation, or amendments thereof,or other certificates required to be filed in his office... 10.00

Ou. 72.}

For issuing a certificate of increase or decrease of capital.stock ............................................... 10.00

For issuing each certificate of authority .................. 10.00

For furnishing copies of papers filed in his office, per folio .20

Every bank or trust company shall also pay toAlso pay the secretary of state or county auditor for filingsame fees asgeneral cor-porations. - any instrument with him the same fees as are re-

quired of general corporations for filing correspond-ing instruments, and also the same license fees asare required of general corporations.

SEC. 2. That section 19 of chapter 80 of the

m3 2e26d em. Laws of 1917, as amended by section 2 of chapter1o2Sup., 115 of the Laws of 1923 (section 3226, Remington'siere's 1927 Supplement; section 269, Pierce's 1926 Supple-P1ece' 192up.~"i1926 Sup. ment) be amended to read as follows:

Section 19. When authorized by the supervisorIncorpora- of banking, as hereinafter provided, five or moretion author-ized. natural persons, citizens of the United States, may

incorporate a bank or trust company in the mannerherein prescribed. No bank shall incorporate for

Paid-in less amount nor commence business unless it have acapitalrequired paid-in capital as follows:for banks

In cities having a population of less than 5,000....... $25,000.00

In cities having a population of 5,000 and less than25,000 .......................................... 50,000.00

In cities having a population of 25,000 and less than100,000 ........................................ 100,000.00

In cities having a population of 100,000 or more....... 150,000.00

Provided, That on request of any persons desir-

Inoror-ies ing to incorporate a bank in a city having a popula-m ore tion of 25,000 or over, the supervisor of bankinglation. shall make an order defining the boundaries of the

central business district of such city, which shall

nstit include the district in which is carried on the princi-defined. pal retail, financial and office business of such city

and banks may be incorporated with a paid-up cap-$50,000 al of not less than $50,000 to be located in such citypa.d-up otsd of te tal busine dtct of such citycapitalrequired,. outside of the central business district of such city

94 SESSION LAWS, 1929. [CH. 72..

SESSION LAWS, 1929.

as defined by the order of the supervisor of bank-ing, which shall be stated in its articles of incor-poration, but any such bank which shall be here-after incorporated to be located outside suchcentral business district, which shall thereafterchange its location into such centraf business dis-trict without increasing its capital stock and surplusto the amount required by then existing laws toincorporate a bank within such central business dis-trict, shall forfeit its charter and right to do busi-ness. Any such bank incorporated to be locatedoutside the central business district of such cityshall not receive deposits to exceed in the aggregateten times the amount of its paid-up and unimpaired denosit

capital stock and surplus. The supervisor of bank- permitted.

ing may from time to time change the boundaries ofsaid central business district, if, in his judgment,such action is proper.

No trust company shall incorporate for a less Trust com-pan1es

amount, nor commence business unless it has a paidpaid-incapital

in capital as follows: required.

In cities, villages or communities having a population. of less than 25,000............................. $50,000.00

In cities having a population of 25,000 and less than100,000 ......................................... 100,000.00

In cities having a population of 100,000 or more...... 200,000.00

In addition to the foregoing, each bank and trustcompany shall before commencing business havesubscribed and paid in to it in the same manner asis required for capital stock, an additional amountequal to at least ten per cent of the capital stockabove required. Such additional amount shall becarried in the undivided profit account and may be organization

and opera-used to defray organization and operating expenses tion expense.

of the company. Any sum not so used shall be trans-ferred to the surplus fund of the company beforeany dividend shall be declared to the stockholders.

Ona. 72.] 95

SEc. 3. That section 22 of chapter 80 of theend Laws of 1917, as amended by section 5 of chapter

Comp. Stat.,15of(etn1927 Sup. 115 of the Laws of 1923 (section 3229, Remington's

erce's 1927 Supplement; section 272, Pierce's 1926 Supple-1926 Sup. ment) be amended to read as follows:

Section 22. When articles of incorporation com-plying with the foregoing requirements have beenreceived by the supervisor of banking, together withthe fees required by law, he shall ascertain from the

Bank super- best source of information at his command and byvisor to

investia.te such investigation as he may deem necessary,application.whether the character, responsibility and general fit-ness of the persons named in such articles are suchas to command confidence and warrant belief thatthe business of the proposed bank or trust companywill be honestly and efficiently conducted in accord-ance with the intent and purpose of this act, whetherthe resources in the neighborhood of such place andin the surrounding country afford a reasonablepromise of adequate support for the proposed bankand whether the proposed bank or trust company isbeing formed for other than the legitimate objects

"Approved" covered by this act.. After the supervisor shall haveor "refused"by bank satisfied himself of the above facts, and, within sixtysupervisor. days after the receipt of such articles of incorpora-

tion for examination, he shall endorse upon each ofthe quadruplicates thereof, over his official signa-ture, the word "Approved," or the word "Re-fused," with the date of such endorsement. In caseof refusal he shall forthwith return one of the quad-

Appeal to ruplicates, so endorsed, to the person from whomcourtauthorized the articles were received, which refusal shall be

conclusive, unless the incorporators, within ten daysof the issuance of such notice of refusal, shall appealto the superior court of Thurston county, which ap-peal shall be triable de novo in said court: Provided,That a copy, certified by the supervisor of banking,of all documents and papers relating to such appli-

-SESSION LAWS, 1929. [CH. 72.96

SESSION LAWS, 1929.

cation filed with, received or obtained by the super-visor of banking and/or the division of banking shallbe deemed received, admitted and considered as evi-dence by the court in such trial de novo in saidcourt. In case of approval the, supervisor shallforthwith give notice thereof to the proposed incor-porators and file one of the quadruplicate articlesof incorporation in his own office, and shall transmitanother quadruplicate to the county auditor of thecounty in which such bank or trust company islocated, and another quadruplicate to the secretaryof state, and the fourth quadruplicate to the incor-porators. Upon receipt from the proposed incor-porators of the same fees as are required for filingand recording other articles of incorporation thesecretary of state and county auditor shall file sucharticles in their respective offices, and the secretaryof state shall record the same. Upon the filing ofarticles of incorporation in quadruplicate, approvedas aforesaid by the supervisor of banking, with thesecretary of state and county auditor, all persons Filing of

named therein and their successors shall become and secrtary of

be a corporation, which shall have the powers andbe subject to the duties and obligations prescribedby this act, and whose existence shall continue forthe period of fifty years from the date of the filingof such articles, unless sooner terminated pursuantto law; but such corporation shall not transact anybusiness except as is necessarily preliminary to itsorganization until it has received a certificate ofauthority as provided herein.

Before any bank or trust company shall be au- vinsou orsatisfied asthorized to do business, the supervisor of banking to paid-incapital andshall be satisfied that such corporation has a paid- reserve.

in capital in the amount fixed by its articles of in-corporation and by this act, that the requisite sur-plus or reserve fund has been accumulated or paidin cash, and that it has in good faith complied with

-4

OH. 72.1 97

SESSION LAWS, 1929.

all the requirements of law and fulfilled all the con-ditions precedent to commencing business imposedby this act. When so satisfied and within ninetydays after the date upon which such proposed arti-cles of incorporation were filed with him for exam-ination, but in no case after the expiration of thatperiod, the supervisor of banking shall issue underhis hand and official seal, in quadruplicate, a certifi-

Bank super- cate of authority for such corporation. The certifi-visor toissue certif- cate shall state that the corporation therein namedcate of aesalsaetathcoprtothrinmdauthority. has complied with the requirements of law, that it

is authorized to transact at the place designated inits articles of incorporation the business of a bankor trust company, or both, as the case may be. Oneof the quadruplicate certificates shall be transmittedby the supervisor to the corporation and the otherthree shall be filed by the supervisor in the sameoffices where the articles of incorporation are filedand shall be attached to said articles of incorpora-tion, and the one filed with the secretary of stateshall be recorded.

SEc. 4. That section 24 of chapter 80 of theAmends Laws of 1917, as amended by section 6 of chapter§3231 Rem.Comp. Stat., 15(eto eigo'1927 Sup. 115 of the Laws of 1923 (section 3231, Remington'sPierce's 1927 Supplement; section 274, Pierce's 1926 Sup-1926 Sup. plement) be amended to read as follows:

Section 24. Upon the issuance of a certificateof authority to a trust company, the persons namedin the articles of incorporation and their successorsshall thereupon become a corporation and shall havepower:

Powers 1. To execute all the powers and possess all theenumeratedsame asneks privileges conferred on banks.

2. To act as fiscal or transfer agent of theFiscal or United States or of any state, municipality, bodytransferagent. politic or corporation and in such capacity to receive

and disburse money.

[CH. 72.gg8

SESSION LAWS, 1929.

3. To transfer, register and countersign certifi- o tansfer

cates of stock, bonds or other evidences of indebted- bonds, etc.

ness and to act as attorney in fact or agent of anycorporation, foreign or domestic, for any purpose,statutory or otherwise.

4. To act as trustee under any mortgage, or Trusteeunder

bonds, issued by any municipality, body politic, or mortgage.

corporation, foreign or domestic, or by any indi-vidual, firm, association or partnership, and to ac-cept and execute any municipal or corporate trust.

5. To receive and manage any sinking fund of Receivesinking fund.

any corporation upon such terms as may be agreedupon between such corporation and those dealingwith it.

6. To collect coupons on or interest upon all Collect

manner of securities, when authorized so to do, bythe parties depositing the same.

7. To accept trusts from and execute trusts for Marriedwomen

married women in respect to their separate prop- trusts.

erty and to be their agent in the management ofsuch property and to transact any business in rela-tion thereto.

8. To act as receiver or trustee of the estate of Receivers ortrustees of

any person, or to be appointed to any trust by any estates.

court, to act as assignee under any assignment forthe benefit of creditors of any debtor, whether madepursuant to statute or otherwise, and to be the de-pository of any moneys paid into court.

9. To be appointed and to accept the appoint- Executor ortrustee

ment of executor of, or trustee under, the last will under will.

and testament, or administrator with or without thewill annexed, of the estate of any deceased personand to be appointed and to act as guardian of theestate of lunatics, idiots, persons of unsound mind,minors and habitual drunkards; Provided, however,The power hereby granted to trust companies to actas guardian or administrator, with or without thewill annexed, shall not be construed to deprive par-

CH. 72.] 99

SESSION LAWS, 1929.

ties of the prior right to have issued to them lettersof guardianship, or of administration, as such rightnow exists under the law of this state; and Be it fur-ther provided, That no trust company or other cor-

Advertising poration which advertises that it will furnish legalto furnishlegal advice advice, construct or prepare wills, or do other legalor preparewills. work for its customers, shall be permitted to act as

executor, administrator or guardian; and any trustcompany or other corporation whose officers oragents shall solicit legal business or personallysolicit the appointment of such trust company orcorporation as executor, administrator or guardianshall be ineligible for a period of one year there-after to be appointed executor, administrator orguardian in any of the courts of this state. -

Any trust company or other corporation whichGross mis- advertises that it will furnish legal advice, constructdemeanorto advertise or prepare wills, or do other legal work for its cus-to furnishlegal adviceor prepare tomers, and any officer, agent or employee of anywills. trust company or corporation who shall solicit legal

business or personally solicit the appointment ofsuch trust company or corporation as executor, ad-ministrator or guardian shall be guilty of a grossmisdemeanor.

10. To execute any trust or power of whateverTrust power nature or description that may be conferred upon orof whatevernature. entrusted or committed to it by any person or by

any court or municipality, foreign or domestic cor-poration and any other trust or power conferredupon or entrusted or committed to it by grant, as-signment, transfer, device [devise], bequest or byany other authority and to receive, take, use, man-age, hold and dispose of, according to the terms ofsuch trusts or powers any property or estate, real orpersonal, which may be the subject of any such trustor power.

Execute 11. Generally to execute trusts of every descrip-trusts ofeseripin tion not inconsistent with law.

[CH. 72.100

SESSION LAWS, 1929.

12. To purchase, invest in and sell promissory Investments.

notes, bills of exchange, bonds, debentures andmortgages and when moneys are borrowed or re-ceived for investment, the bonds or obligations ofthe company may be given therefor, but no trustcompany hereafter organized shall issue such bonds:Provided, That no trust company which receivesmoney for investment and issues the bonds of thecompany therefor shall engage in the business ofbanking or receiving of either savings or commer-cial deposits: And, Provided, That it shall not issueany bond covering a period of more than ten yearsbetween the date of its issuance and its maturitydate: And, Provided further, That if for any cause,the holder of any such bond upon which one or moreannual rate installments have been paid, shall failto pay the subsequent annual rate installments pro-vided in said bond such holder shall, on or before thematurity date of said bond, be paid not less thanthe full sum which he has paid in on account of saidbond.

SEC. 5. That section 36 of chapter 80 of the Amends§3243 Remn.

Laws of 1917 (section 3243, Remington's Compiled Com. at.,

Statutes; section 286, Pierce's 1926 Code) be Piere's1926 Code.

amended to read as follows:Section 36. The shares of stock of every bank Soke

and trust company shall be deemed personal prop- prIon

erty. No such, corporation shall make any loan ordiscount on the security of its own capital stock, orbe the purchaser or holder of any such shares, un-less such security or purchase shall be necessary toprevent loss upon a debt previously contracted ingood faith, and stock so purchased or acquired shallbe sold at public or private sale or otherwise dis-posed of, within ninety days from the time of its Loan on

own stockpurchase or acquisition. Nor shall any such cor- or ownership

of stock inporation subscribe for or purchase the stock of any other

thhen stoc of any corporationsother banking house or trust company, or of any prohibited.

CH. 72.] 101

SESSION LAWS, 1929.

domestic or foreign corporation of any character,except a federal reserve bank, of which such cor-poration shall become a member, and then only tothe extent required by such federal reserve bank:Provided, That such bank and/or trust companymay purchase, acquire and hold shares of stock inany other corporation which shares have been pre-viously pledged as security to any loan or discountmade in good faith and such purchase shall be ne-cessary to prevent loss upon a debt previously con-tracted in good faith and stock so purchased oracquired shall be sold at public or private sale orotherwise- disposed of within two years from thetime of its purchase or acquisition.


CHAPTER 73.[S. H. B. 94.]

EXAMINATION OF BANKS, TRUST COMPANIES ANDINDUSTRIAL LOAN COMPANIES.

AN ACT relating to the examination of banks, mutual savingsbanks and trust companies, industrial loan companies, amend-ing Section 8 of Chapter 80 of the Laws of 1917, as amendedby Chapter 73 of the Laws of 1921.


SECTION 1. That section 8 of chapter 80 of theAmends Laws of 1917, page 273, as amended by chapter 73§ 3215, Rem.Comp. Stat of the Laws of 1921, page 211 (section 3215 of Rem-

ington's Compiled Statutes) be amended to. read asfollows:

Section 8. The supervisor of banking shall col-Feesfor lect from each bank, mutual savings bank, trust com-examination pany r indstral loa compns fach examby bankingsupervisor. pany or industrial loan companies for each examin-

[CH. 73.102

SESSION LAWS, 1929.

ation of its condition the estimated actual cost ofsuch examination.



INVESTMENTS AND DEPOSITS BY MUTUAL SAVINGSBANKS.

AN ACT relating to and regulating investments and deposits bymutual savings banks.


SECTION 1. The words "mutual savings bank" Definitions.

and "savings bank" whenever used in this act, shallmean a mutual savings bank organized and exist-ing under the laws of the State of Washington.

The words "its funds" whenever used in thisact, shall mean and include, moneys deposited witha mutual savings bank, sums credited to the guar-anty fund of a mutual savings bank, and the incomederived from such deposits and/or fund.

SEC. 2. A mutual savings bank shall have the Investmentsmade in

power to invest its funds in the manner hereinafter accordance

in this act specified and not otherwise.

SEc. 3. A mutual savings bank may invest its onds ofUnited

funds in the bonds or interest bearing notes or obli- States;Dominion

gations of the United States or the Dominion of of Canada.

Canada or those for which the faith of the UnitedStates or the Dominion of Canada is pledged toprovide for the payment of the interest and princi-pal, including bonds of the District of Columbia:Provided, That in the case of bonds of the Dominionor those for which its faith is pledged the interest

OH. 74.] 103

and principal be payable in the United States orwith exchange to a city in the United States and ingold coin of the United States or its equivalent.

SEC. 4. A mutual savings bank may invest itsBonds of funds in the bonds or interest bearing obligations ofthis state.

this state issued pursuant to the authority of anylaw of this state.

SEC. 5. A mutual savings bank may invest itsBondssof funds in the bonds or interest bearing obligations ofother states.

any other state of the United States upon whichthere is no default, and upon which there has beenno default for more than ninety days: Provided,That within ten years immediately preceding theinvestment such state has not been in default formore than ninety days in the payment of any partof the principal or interest of any debt duly author-ized by the legislature of such state to be contractedby such state since January 1st, 1878.

SEc. 6. A mutual savings bank may invest itsBonds or funds in the valid interest bearing warrants or bondswarrantsof city, of any city, town, county, school district, port dis-town.county,waemuiplschool dis trict, water district or other municipal corporationtrict, portdistrict, in the State of Washington issued pursuant to lawwater dis-trict, or and for the payment of which the faith and creditother rnuni-cipaltcor of such municipality, county or district is pledgedWashington. and taxes are leviable upon all taxable property

within its limits. The bonds of any first or secondclass city of this state for the payment of which theentire revenue of the city's water system less main-tenance and operating costs is irrevocably pledged,even though the bonds are not general obligationsof the city.

SEc. 7. A mutual savings bank may invest itscity, funds in the valid bonds of any incorporated city,county,school county, school district, village or town situated indistrict.village or one of the states of the United States which adjoinstown ofstte the State of Washington. If at any time the indebt-


SESSION LAWS, 1929.

edness of any such city, school district, town or vil-lage, together with the indebtedness of any otherdistrict or other municipal corporation or subdivi-sion (except a county) which is wholly or in partincluded within the boundaries or limits of saidcity, school district, town or village, less its waterdebt and sinking fund, shall exceed twelve percentum, or the indebtedness of any such county lessits sinking fund shall exceed seven per centum, ofthe valuation of said city, county, school district,town or village for the purposes of taxation, itsbonds shall thereafter, until such indebtedness shallbe reduced to the prescribed limitation, cease to bean authorized investment for the moneys of savingsbanks.

SEc. 8. A mutual savings bank may invest its Bonds ofcity of any

funds in the bonds of any incorporated city situated state ofUnitedin any other state of the United States: Provided, States.

Such city has a population as shown by the federalcensus next'preceding the investment, of not lessthan forty-five thousand inhabitants, and was incor-porated as a city at least twenty-five years prior tothe making of the investment, and has not since Jan-uary 1, 1907, defaulted for more than ninety daysin the payment of any part of principal or interestof any bond, note or other indebtedness, or effectedany compromise of any kind with the holders there-of, but if at any time the indebtedness of any suchcity, together with the -indebtedness of any district(other than local improvement district) or othermunicipal corporation or subdivision, except acounty, which is wholly or in part included withinthe bounds or limits of said city, less its water debtand sinking fund, shall exceed twelve per centumof the valuation of such city for purposes of taxa-tion, its bonds shall thereafter, and until such in-debtedness shall be reduced to twelve per centumof such valuation, cease to be an authorized invest-

OH. 74.] 105

SESSION LAWS, 1929.

ment of the moneys of mutual savings banks; orProvided, Such city has a population as shown bythe last decennial federal census of not less than150,000 inhabitants, and has taxable real propertywith an assessed valuation in excess of $200,000,000,and has power to levy taxes on the taxable realproperty therein for the payment of such obliga-tions without limitation of rate or amount, its bondsshall be legal for. investment by mutual savingsbanks.

SEC. 9. A mutual savings bank may invest notBonds of to exceed fifteen per cent of its funds in the bondslocal

imrement of any local improvement district of any city ortown of this state (except bonds issued for an im-provement consisting of grading only) unless thetotal indebtedness of the district after the comple-tion of the improvement for which the bonds areissued, plus the amount of all other assessments ofa local or special nature against the land assessedor liable to be assessed to pay the bonds; exceed fiftyper cent of the value of the benefited property, ex-clusive of improvements, at the time the bonds arepurchased or taken by the bank, according to theactual valuation last placed upon the property forgeneral taxation. Before any such bonds are pur-chased or taken as security the condition of the dis-trict's affairs shall be ascertained and the propertyof the district examined by at least two members ofthe board of investment who shall report in writingtheir findings and recommendations; and no bondsshall be taken unless such report be favorable, norunless the executive committee of the board of trus-tees after careful investigation is satisfied of thevalidity of the bonds and of the validity and suffi-ciency of the assessment or other means providedfor payment thereof: Provided, That, exceptingbonds issued by local improvement districts in citiesof the first or second class, for improvements or-

[Cu. 74.106

SESSION LAWS, 1929.

dered after June 7, 1927, no local improvement dis-trict bonds falling within the twenty-five per cent inamount of any issue last callable for payment, shallbe acquired or taken as security.

SEC. 10. A mutual savings bank may invest not Bonds ofirrigation,

to exceed five per cent of its funds in the bonds of diking,

any irrigation, diking, drainage, diking improve- "povement,drainagement, or drainage improvement district of this improvementdistrict of

state, unless the total indebtedness of the district Washington.

after the completion of the improvement for whichthe bonds are issued, plus the amount of all otherassessments of a local or special nature against theland assessed or liable to be assessed to pay thebonds, exceeds forty per cent of the value of thebenefited property, exclusive of improvements, atthe time the bonds are purchased or taken by thebank, according to the actual valuation last placedupon the property for general taxation.

Before any such bonds are purchased or taken Affairs andproperty of

as security the condition of the district's affairs district tobe examined.

shall be ascertained and the property of the districtexamined by at least two members of the board ofinvestment of the mutual savings bank, who shallreport in writing their findings and recommenda-tions; and no bonds shall be taken unless such re-port be favorable, nor unless the executive commit-tee of the board of trustees after careful investiga-tion is satisfied of the validity of the bonds and ofthe sufficiency of the assessment or other means pro-vided for payment thereof: Provided, however,That no mutual savings bank shall invest a sumgreater than three per cent of its funds, or, in anyevent, more than three hundred thousand dollars($300,000), in the bonds of any one district de-scribed in this section.

SEC. 11. A mutual savings bank may invest its Railroadobligations.

funds in the following obligations of railroad cor-

CH. 74.] 107

SESSION LAWS, 1929.

porations: Obligations issued, assumed or guaran-teed as to principal and interest by endorsement

Railroad to orswhhha a-have o00 by, or so guaranteed which guaranty has been as-miles stand-ard gauge sumed by, a railroad corporation or a successor rail-railroad, road corporation thereof, incorporated under the

laws of the United States or any state thereof, own-ing and -operating not less than 500 miles of stand-ard gauge railroad, exclusive of sidings: Provided,That if the mileage so owned shall be less than 500miles, the railway operating revenues from the op-eration of such railroad shall have been not less

Annual than $10,000,000 each year for at least five of theoperatingrevenue of six fiscal years next preceding such investment; or

obligations guaranteed as to principal and interestby, or so guaranteed which guaranty has been as-sumed by, such railroad corporation under the termsof a lease extending to a date not earlier than thematurity of the obligations so guaranteed, whichlease shall provide that the rental thereunder shallbe not less than twice the fixed charges of the lessor:Provided further, That in each year for at leastfive of the six fiscal years next preceding such in-vestment, the amount of earnings of such railroadcorporation after dedricting rent for hire of equip-ment and joint facility rents, if any, from grossincome shall have been not less than one and one-half times the remaining deductions from such grossincome as defined by the accounting regulations ofthe interstate commerce commission: Providedfurther, That such railroad corporation each yearfor at least five out of the six fiscal years next pre-ceding such investment shall have paid dividends incash upon its capital stock equivalent to at least 1/4

of such deductions: Provided further, That at notime within such period of six years such railroadcorporation shall have failed regularly and punctu-ally to pay the matured principal and interest ofall its mortgage indebtedness: Provided further,

108 [Cui. 74.

SESSION LAWS, 1929.

That all obligations so authorized for investmentshall be

(a) Fixed interest bearing bonds secured by di- Bondsd by

rect mortgage on railroad operated by such railroad direct

corporation; or m

(b) Bonds secured by first mortgage upon termi- Bondssecured by

nal, depot, bridge or tunnel property, including first mort-gage on

lands, buildings and appurtenances, used in the serv- terminals,

ice of transportation by one or more such railroadcorporation, provided that such bonds be the directobligation of,. or that payment of principal andinterest thereof be guaranteed by endorsement by,or guaranteed by endorsement which guaranty hasbeen assumed by, one or more such railroad corpora-tions; or

(c) Debenture bonds of such railroad corpora- Debenturebonds.

tion secured by irrevocable pledge as collateralunder a trust agreement of other railroad bonds thatare legal investment for savings banks under thissection, have a maturity not earlier than the bondsthat they secure and of a total face amount not lessthan the total face amount of the bonds that theysecure; or

(d) Fixed interest bearing mortgage bonds other FitedInterest

than those described in paragraph (a) hereof, in- bearing

come mortgage bonds, collateral trust bonds other bond.

than those described in paragraph (c) hereof, or un-secured bonds, issued, assumed or guaranteed as toprincipal and interest by endorsement by, or soguaranteed which guaranty has been assumed by,such railroad corporation, the amount of earningsof which each year for at least five of the six fiscalyears next preceding such investment after deduc-ting rent for hire of equipment and joint facilityrents, if any, from gross income shall have been notless than twice the remaining deductions from suchgross income as defined by the accounting regula-tions of the interstate commerce commission, in-

CH. 74.] 109

cluding interest on such income mortgage bonds, ifany, and the net income of which after such de-ductions shall have been not less than $10,000,000each year for at least five of the six fiscal years nextpreceding such investment, and which railroad cor-poration shall have made the dividend and principaland interest payments hereinbefore required: Pro-vided, further, That not more than twenty-five percentum of the funds of any savings bank shall beinvested in the bonds, notes and certificates definedherein and in section 12 of this act, and not morethan five per centum of its funds shall be investedin the bonds, notes and certificates of any one suchrailroad corporation. Street railroad corporationsshall not.be considered railroad corporations withinthe meaning of this section.

SEC. 12. A mutual savings bank may invest itsMortgage funds in the mortgage bonds of any class one rail-bonds of

lisoneas road, as defined by the interstate commerce com-rafilrod as a, dfieyh

nea mission, meeting the following requirements:Commisson. (1) Such railroad shall have carried fifty net

revenue ton miles per year each year for the fiveyears next preceding the proposed investment foreach dollar of mortgage bonds of the funded debtof the railroad prior or equal in lien to such bonds,and

(2) Such railroad shall have had a traffic densityTraffic of at least one million net revenue ton miles per miledensity.

of line mortgaged to secure such bonds each andevery year for a period of at least five years priorto. the investment by any mutual savings bank insuch bonds, and

(3) The trust indentures of such bonds and ofBonds must any bonds prior in lien to such bonds secured byprohibitissuance mortgages on said railroad and portions thereofof equal

borir en shall prohibit the issuance of any additional bondsequal or prior in lien to such bonds except for thepurpose of retiring existing prior lien bonds.


SESSION LAWS, 1929.

SEc. 13. A mutual savings bank may invest not Rairoadn

to exceed fifteen per cent of its funds in railroad obligations.

equipment obligations or equipment trust certificateswhich comply with the following requirements:

(a) They must be the whole or part of an issue Payable innot more

originally made payable within not more than than 15

fifteen years in annual or semi-annual installmentssubstantially equal in amount beginning not laterthan one year after the date of the issue.

(b) They must be secured by or be evidence of Must besecured by

a prior or preferred lien upon or interest in, or of prior or

reservation of title to, the equipment in respect of lien.

which they have been issued or sold, or by an as-signment of or prior interest in the rent or pur-chase notes given for the hiring or purchase of suchequipment.

(c) The total amount of principal of such issue Amount of

of equipment obligations or trust certificates shallnot exceed eighty-five per centum of the cost orpurchase price of the equipment in respect of whichthey were issued.

(d) The remaining fifteen per centum of said 15/ofcost

cost or purchase price shall have been paid by or pice hal

for the account of the corporation so constructing, paid.

acquiring, purchasing or leasing said equipment, orby funds loaned or advanced for the purpose by thegovernment of the United States or one of itsagencies or instrumentalities but subordinated as tosecurity, in the event of default, to the prior or pre-ferred equipment obligations or equipment trustcertificates.

SEC. 14. The words "gross operating reve- Gross

nues" whenever used in this section and in sections dene

15 and 16 of this act, shall mean and include thetotal amount earned from the operation of all prop-erty owned or operated and/or leased and operatedby the corporation as shown by the official reportsissued by the corporation.

OH. 74.] ill

SESSION LAWS, 1929.

The words "operating expenses" when used in"Operating this section and in sections 15 and 16 of this act,expense,"defined. shall mean and include all expenses of operation;

current maintenance; all taxes, other than federaland state income taxes; and proper provision forthe retirement of the physical property of the cor-poration.

The words "proper provision for the retirement"Proper of the physical property of the corporation" whenprovisionfor the used in this section and in sections 15 and 16 ofretiremnent.of the thlical proper this act, shall mean that for five years next pre-Soreration," ceding the proposed investment, the amount whichdefined. the corporation shall have appropriated for retire-

ment reserve, together with any part of the earn-ings not appropriated for dividends or other pur-poses but retained as a corporate surplus, shall haveaveraged per year not less than four per cent of thebook value of all physical assets other than landor interest in lands, where such segregation of suchassets is available, or shall have averaged per yearnot less than two and one-half per cent of the bookvalue of all physical assets: Provided, however,That in the case of assets utilized in supplyingwater, the words "proper provision for the retire-ment of physical property of the corporation" shallmean, that for the five years next preceding, theamount which the corporation shall have appropri-ated for retirement reserve together with any partof the earnings not appropriated for other purposesbut retained as a corporate surplus shall haveaveraged per year not less than one per cent of thebook value of all physical assets, other than land,used in water supply.

Book value of all physical assets wherever used'Book value in this section and in sections 15 and 16 of this act

of physicalsets" shall mean the book cost of the fixed capital of the

corporation, less the balance retained in the retire-ment reserve and less the earned surplus of the

112 [CH. 74.

SESSION LAWS, 1929.

corporation not appropriated for dividends or otherpurposes, but retained as corporate surplus.

The words "fixed charges" whenever used in "Fixedcharges,"

this section and in sections 15 and 16 of this act, defined.

shall mean and include all rentals for propertyoperated under lease, interest on all indebtedness,guaranteed and assumed interest and dividends, andan amount sufficient to amortize any discount onoutstanding securities within a reasonable time.

The words "net earnings of the corporation" ingtoahn

whenever used in this section and in sections 15 and dettion,"

16 of this act, shall mean the balance obtained bydeducting from the gross operating revenue theoperating expenses of the corporation as herein de-fined, and by adding to this balance the income ofthe corporation from securities and miscellaneoussources, but not to exceed, however, fifteen per centof such balance.

Corporations supplying water chiefly for the pur- corporationsupplying

pose of irrigation shall not be deemed to be en- water forirrigation.

gaged in the business of supplying water within themeaning of this section and of sections 15 and 16 ofthis act.

SEC. 15. A mutual savings bank may invest not Mortgagebonds of

to exceed fifteen per cent of its funds in the mortgage tehne

bonds of corporations incorporated under the laws eneii

of the United States or of any states thereof, and gte' r

engaged in the business of supplying telephone companies.

service, electric energy, artificial gas, and/or water,meeting the following requirements:

(1) At least seventy-five per cent of the grossoperating revenues of such corporation shall be de- 75% of

gross

rived from such business and shall have been de- operatingrevenue tobe derivedrived from such business each year for the five years from

next preceding the proposed investment, unless business.

the corporation shall be engaged in the business offurnishing telephone service or electrical energy and

CH. 74.] 113

SESSION LAWS, 1929.

shall meet the requirements of section 16 of thisact.

Corporation (2) The corporation shall be subject to regula-to be subjectto regulation tion by a public service commission or other similarof publicservice regulatory body duly established by the laws of the

United States or of the states in which such cor-poration transacts such business.

Official (3) For a period of at least five fiscal years nextreports ofpeidsa nxcorporation preceding the investment by any mutual savings bankto showoperating in the bonds of any such corporation the official re-revenue ofone mnillion ise h hl hwdollars, ports issued by the corporation shall show:regumt of (a) Gross operating revenues of at least one mil-indebted-ness, and lion dollars for each of said years;net earnings. (b) That such corporation has paid regularly

and promptly the matured interest and maturedprincipal of all its indebtedness, direct, guaranteedor assumed; and

(c) That the net earnings of such corporationshall have averaged per year not less than twicethe average annual fixed charges and for the lastfiscal year preceding such investment such net earn-ings shall have been not less than twice the fixedcharges for the full year:

Provided, however, That where any such cor-poration shall have acquired its property or anysubstantial part thereof within the period of the fivefiscal years next preceding, either by purchase fromor merger or consolidation with any other corpora-tion or corporations, the gross operating revenues,net earnings and fixed charges of the several pre-decessor or constituent corporations shall be con-solidated and adjusted for the purpose of deter-mining the qualifications of the bonds under therequirements of this section.

Bonds to (4) The bonds of such corporation shall complybe part ofofscshloriginal with the following requirements:

(a) The bonds shall be part of an original issueof not less than one million dollars, and

114 ICE-. 74.

SESSION LAWS, 1929.

(b) The bonds shall be either(1) Mortgage bonds secured by a first or re- Bonds

secured byfunding mortgage secured by property owned and first or

operated by the corporation issuing or assuming mortgage.

them, or(2) Senior mortgage bonds secured by property Senior

mortgageowned and operated by the corporation issuing or bonds.

assuming them, and which such senior mortgagebonds have been authorized to be refunded and re-tired by a junior mortgage authorizing refundingbonds which comply with the requirements of thissection. Such senior mortgage shall be either aclosed mortgage or shall remain open solely for theissue of additional bonds which are to be pledgedunder such junior mortgage.

(c) The aggregate principal amount of bonds Bonds notto exceeddescribed in this paragraph, secured by first or re- 0 of

physicalfunding mortgages, plus the principal amount of all property.

outstanding bonds issued under senior mortgagesshall not exceed sixty per cent of the value of thephysical property owned as shown by the books ofthe corporation and subject to the lien of suchmortgage or mortgages securing the total mortgagedebt.

(d) If the bonds are secured by a refunding Refundingmortgagemortgage such mortgage shall provide for the retire- ondi tor

ment on or before the date of their maturity of all retirement.

bonds secured by prior liens on the property.(5) Not more than five per cent of the funds of hnotm orfmutualbank fundsany mutual savings bank shall be invested in the to be so

bonds of any one such telephone, electric, gas and/or invested.

water corporation. Five percent of funds

SEC. 16. A mutual savings bank may invest not insed intelephoneto exceed five per cent of its funds in the bonds of and elec-trical

corporations engaged in the business of furnishing companiesderiving less

telephone service or electrical energy, meeting the than 15%

following requirements, even though less than ofpraenty.

OH. 74.] 115

seventy-five per cent of the gross revenues is derivedfrom the operation of such property:

Corporation (1) Such corporation shall be subject to regu-to be subjectto regulation lation by the interstate commerce commission or byof InterstateCommerce the public service commission or similar regulatoryCommission pbi iiaand Publicof peasService body of the states in which it operates;Commission. (2) The official reports issued by the corpora-

tion for a period. of ten fiscal years next precedingAnnual the investment in any such bonds shall show annualgrossrevenue of rvne fntls hndrn$o50,000,000. gross revenues of not less than $50,000,000.00 during

any year;Regular (3) Such corporation shall have paid regularlypaymentof indebted- and promptly each and every year for ten years nextness for10 years. preceding the investment the matured interest and

matured principal of all its indebtedness, direct,guaranteed or assumed;

Net earnings (4) The net earnings of the corporation avail-for tenyears. able for fixed charges for the ten year period next

preceding such investment shall have been not lessthan three times such fixed charges during anyyear;

Part of (5) Such bonds shall be part of an original issueoriginal

iss uoeo. of at least $5,000,000.00; andInvestment (6) Not more than two per cent of the funds oflimited to2% of funds. any mutual savings bank shall be invested in such

bonds of any one such corporation.

'ces SEc. 17. A mutual savings bank may invest notncese. to exceed twenty per cent of its funds in bankers'

acceptances and bills of exchange of the kind andcharacter following:

by (1) Bankers' acceptances, and bills of exchange

fa made eligible by law for rediscount with federalreserve banks, provided the same are accepted by abank or trust company which is a member of thefederal reserve system and which has a capital andsurplus of not less than two million dollars.

e (2) Bills of exchange drawn by the seller on thehase purchaser of goods and accepted by such purchaser,

Bankersacceptaand billexchang

Eligiblelaw forrediscouwith fedreservebanks.

Bills of* exchangfor purcof good

SESSION LAWS, 1929. [CHi. 74.116

SESSION LAWS, 1929.

of the kind made eligible by law for rediscount withfederal reserve banks, provided the same are in-dorsed by a bank or trust company which is a mem-ber of the federal reserve system and which has acapital and surplus of not less than two milliondollars.

The aggregate amount of the liability of any bank Amnt o

or trust company to any mutual savings bank, bank orpany forwhether as principal or indorser, for acceptances aceptees

held by such savings bank and deposits made with to be limited.

it, shall not exceed twenty-five per cent of the paidup capital and surplus of such bank or trust com-pany, and not more than five per cent of the fundsof any mutual savings bank shall be invested in theacceptances of or deposited with a bank or trustcompany of which a trustee of such mutual savingsbank is a director.

SEC. 18. A mutual savings bank may invest its Promissorynotes

funds in promissory notes payable to the order of secured bybonds,

the savings bank upon demand, secured by the earrants,

pledge or assignment of any bonds, warrants, orinterest bearing obligations lawfully purchasable bya savings bank, or secured by pledge or assignmentof one or more real estate mortgages of the classdescribed in sections 20 and 21 of this act, but nosuch loan shall exceed ninety per centum of the cashmarket value of such securities so pledged. Shouldany of the securities so held in pledge depreciate invalue after the making of such loan, the savingsbank shall require an immediate payment of suchloan, or of a part thereof, or additional securitytherefor, so that the amount loaned thereon shall atno time exceed ninety per cent of the market valueof the securities so pledged for such loan.

SEC. 19. A mutual savings bank may invest its Promissorynotes

funds in promissory notes made payable to the order secured by

of the savings bank on demand, secured by the pass book.

pledge and assignment of the pass book of the

CH. 74.] 117

mutual savings bank as collateral security for thepayment thereof. No such loan shall exceed thebalance due the holder of such pass book as shownherein.

75% in loans E.2saig asecured by SEc. 20. A mutual savings bank may invest notfirst mort-gages on to exceed seventy-five per cent of its funds in loansreal estate.. secured by first mortgages on real estate subject to

the following restrictions:Note from In all cases of loans upon real property, a noteborrowerrequired. secured by a mortgage on the real estate uponwhich

the loan is made shall be taken by the savings bankfrom the borrower.

The savings bank shall also be furnished by theborrower, either

Abstract oftitle to be (a) A complete abstract of title of the mortgagedfurnished. property, which abstract shall be signed by the

person or corporation furnishing the abstract oftitle, and which abstract shall be examined by acompetent attorney and shall be accompanied by hisopinion approving the title and showing that themortgage is a first lien; or

Policy of (b) A policy of title insurance; ortitle in-surance. (c) A duplicate certificate of ownership issuedCertificatereitaof owner- by a registrar of titles.ship. The real estate subject to such first mortgageReal estateto be im- must be improved to such extent that the net annualproved.

income thereof or reasonable annual rental valuethereof in the condition existing at the time of mak-ing the loan is sufficient to pay the annual interestaccruing on such loan in addition to taxes and in-surance and all accruing charges and expenses.

Loan not No loan on real estate shall be for an amountto exceed50% of valuefit cetothvauof real greater than fifty per cent of the value of such realestate. estate, including improvements.

The mortgage shall contain provisions requiringMortgage to the mortgagor to maintain insurance on the build-require

to maina ings on the mortgaged premises to such reasonableinsurance. amount as shall be stipulated in the mortgage, the

118 SESSION LAWS, 1929. [CH.74.

SESSION LAWS, 1929.

policy to be deposited with the savings bank and tobe payable to it in event of loss: Provided, however,That the savings bank may, at its option, forego in-surance in either of the following cases:

(a) A loan upon agricultural land, or Insurancewaived in

(b) A loan upon a feehold interest in urban loarioturallease.land orproperty subject to an outstanding lease. urban

A loan may be made on real estate which is to be property.

improved by a building or buildings to be con- Real estateto be im-structed with the proceeds of such loan, if it is ar- proved by

ranged that such proceeds will be used for that pur- building.

pose and that when so used the property will be im-proved to the extent required by this section.

No mortgage loan, or renewal or extension Loan ormortgage for

thereof for a period of more than one year, shall more thanyear only on

be made except upon written application showing conditions.

the date, name of the applicant, the amount of loanrequested, and the security offered, nor except uponthe written report of at least two members of theboard of investment of the bank certifying on suchapplication according to their best judgment thevalue of the property to be mortgaged and recom-mending the loan; and the application and writtenreport thereon shall be filed and preserved with thesavings bank records.

Every mortgage and assignment of a mortgage Mortgageor assign-

taken or held by a savings bank shall be taken and ment takenin name of

held in its own name, and shall immediately be bank.

recorded in the office of the county auditor of thecounty in which the mortgaged property is located.

A mortgage on real estate shall be deemed a first Demed

mortgage and lien within the meaning of this section moraghethoughoutstandingeven though lease.

(1) There is outstanding upon the real estate alease to which the mortgage is subject, and twomembers of the board of investment of the bankdeem the lease advantageous to the owner of themortgaged property, and the mortgagee in case of

CH. 74.] 119

foreclosure of the mortgage can compel the appli-cation upon the mortgage debt of substantially allof the rents thereafter to accrue; and/or

(2) There are outstanding non-delinquent taxesOutstanding or special assessments or both, and the sum of thenon-delin-quent taxes assessments and the amount of the loan does notand assess-ments. exceed fifty per cent of the value of the property.

SEc. 21. A mutual savings bank may invest itsFirst mort- funds in loans secured by first mortgages upongages uponeatehold leasehold estates in improved real property, subject

to the following restrictions:

In all cases of loans upon leasehold estates, aNote and note secured by a mortgage upon the leaseholdfirst mort-gage to be interest upon which the loan is made shall be takentaken.

by the savings bank from the borrower.The savings bank shall also be furnished by the

borrower, either(a) A complete abstract of title of the mortgaged

Abstract of property, which abstract shall be signed by the per-title to befurnished, son or corporation furnishing the abstract of title,

and which abstract shall be examined by a com-petent attorney and shall be accompanied by hisopinion approving the title and showing that themortgage is a first lien upon the leasehold estate;or

lcy of (b) A policy of title insurance; orinsurance. (c) A duplicate certificate of ownership issuedCertificateof owner- by a registrar of titles.ship. by rg

The leasehold estate subject to such mortgageLeasehold must be an interest in real estate in a city which hason propertyin city of a population in excess of 100,000 according to the100,000population. latest federal decennial census.

The mortgage shall contain provisions requiringMortgage to the mortgagor to maintain insurance on the build-requireinsurance. ings in such reasonable amount as shall be stipu-

lated in the mortgage, the policy to be payable to themutual savings bank in case of loss.

120 SESSION LAWS, 1929. ICH. 74.

SESSION LAWS, 1929.

No mortgage loan upon a leasehold, or any re- No mortgageor any or renewalnewal or extension thereof for a period of more than rinore

months,six months, shall be made except on a written ap- except on

plication showing the date, the name of the appli- conditions.

cant, the amount of the loan requested, and thesecurity offered, nor except upon the written reportof at least two members of the board of investmentof the bank certifying upon such application ac-cording to their best judgment the value of the lease-hold interest to be mortgaged and recommendingthe loan; and the application and written reportthereon shall be filed with the bank records.

Every leasehold mortgage and every assignment Mortgageand assign-ment to beof a leasehold mortgage taken or held by a savings taken inname of

bank shall be taken and held in its own name and bank.

shall immediately be recorded in the office of thecounty auditor of the county in which the propertyunder lease is situated.

No mutual savings bank shall loan upon a lease-hold interest in real estate unless,

(a) The lease contains a provision requiring the Lease tocontain

feeholder or his successors in interest to notify, in provisions

writing, the holder of any mortgage on the lease- aftr deult

hold estate of any default on the part of the lessee forfeiture.

in the performance of the obligations of the leasewithin ten days after such default shall have oc-curred and unless the lease also provides that in theevent of default of the lessee of the performance ofany of the covenants of the lease, no forfeiture ofthe lease shall take place until thirty days after theholder of the mortgage on the leasehold estate shallhave been served by the feeholder or his successorsin interest with written notice of the default and ofintention to forfeit the lease, or

(b) In event the lease does not contain the pro- Owner mayagree to

visions above described, the savings bank, prior to notify bankof default.such loan, shall have obtained an agreement fromthe owner of the feehold to notify the savings bank

CHi. 74.] 121


of any default on the part of the lessee in the per-formance of the obligations of the lease within tendays after such default shall have occurred, and thatin event of default of the lessee in performance ofany of the covenants of the lease, no forfeiture ofthe lease shall take place until thirty days after thesavings bank shall have been served by the fee-holder or his successors in interest with writtennotice of the default and of intention to forfeit thelease. Such agreement shall be signed by the ownerof the feehold estate and by all other persons orcorporations holding a mortgage or other interestin the feehold estate, and shall be in such form asto bind their successors in interest, and shall be im-mediately recorded in the office of the county au-ditor of the county in which the property is situated.

No loan shall be made upon a leasehold interest

Noalonhon in real estate for a period in excess of ten years, orthnr 0e in any case where the lease is to expire in less thanyears. twenty years, nor upon a leasehold interest where

the lease has run less than five years at the' date ofmaking or purchasing the loan.

No loan shall be made upon a leasehold interestLoan to in real estate unless its terms require substantiallyrequire

euidical equal semi-annual, quarterly or monthly paymentspayments. which, if continued at the same rate, would extin-

guish the debt at least ten years prior to the ex-piration of the lease.

Whenever used in this section the words "annual"Annual gross income" of the leasehold estate shall mean thegrossincome," sum remaining after deducting all of the expensesdefined.

of operation, repairs, maintenance, cost of manage-ment, taxes, assessments and insurance premiums,for -a given year, from the gross revenue of thatyear.

gonimum Whenever used in this section the words "mini-income,"defined, mum gross income" shall be the least annual gross

SESSION LAWS, 1929.

income, as above defined, actually obtained duringthe three-year period preceding the date of the loan.

Whenever used in this section the words "stand- "Standardannual

ard annual rental" shall mean the maximum rental defaed

to be paid under the lease during the life of the loanand for a period ending three years after the ma-turity of the loan. In event the rental during thelife of the loan, and including a period ending threeyears after the maturity of the loan, is uniform,then such uniform rental shall be the standard an-nual rental.

Whenever used in this section the words "stand- "Standardnet income,"

ard net income" shall mean the remainder obtained defined.

by deducting the standard annual rental from theminimum annual gross income as above defined.

Whenever used in this section the words "ap- "Appraised

praised value of the leasehold estate" shall mean thelease-

the sum obtained by a summation of the present defined.

values of a series of annual payments each equal inamount to the standard net income for the unex-pired period of the leasehold estate. In the calcu-lation of present value of future income such in-come shall be subjected to compound discount at arate not less than eight per cent per annum.

No savings bank shall make any loan upon a Income tobe equal or

leasehold estate unless the standard net income greater thanrental.

thereof as above defined shall be equal to or greaterthan the standard annual rental.

In event the standard net income is greater than, WhenSIncome is

less thanbut less than twice, the standard annual rental, the twiceprrental 115%savings bank may loan not to exceed thirty-five pe vnlue

may becent of the appraised value of the leasehold estate loaned.

as defined herein.In event the standard net income is greater than When

income istwice but less than four times the standard annual less than 4

rental, the savings bank may loan not to exceed 40%mofevalue

forty per cent of the appraised value of the lease- loaned.

hold estate as defined herein.

CH. 74.] 123

SESSION LAWS, 1929.

Income less In event the standard net income is greater thanthan 8 times fu i ih hrental saes four times but less than eight times the standardof value may rnamy nttbeloanedn, annual rental, the savings bank may loan not to

exceed forty-five per cent of the appraised value ofthe leasehold estate as defined herein.

When In event the standard net income is greater thanincome isgreater than eight times the standard annual rental, the savings8 times 9ofnvalu ban0mrnt alu bank may loan not to exceed fifty per cent of themay beloaned. appraised value of the leasehold estate as defined

herein.

han mre Not more than seventy-five per cent of the fundsbe invested of a mutual savings bank shall be invested in mort-in realestate gage loans upon real estate and/or real estate lease-mortgagesor lease- holds.holds.

SEC. 22. A mutual savings bank may investReal estateinvestments, its funds in real estate as follows:

(1) A tract of land whereon there is or may beHome erected a building or buildings suitable for the con-office Zbuildings. venient transaction of the business of the savings

bank, from portions of which not required for itsown use revenue may be derived: Provided, Thatthe cost of the land and building or buildings for thetransaction of the business of the savings bank shallin no case exceed twenty-five per centum of theguaranty fund of the savings bank, except with theapproval of the supervisor of banking; and beforethe purchase of such property is made, or the erec-tion of a building or buildings is commenced, theestimate of the cost thereof, and the cost of the com-pletion of the building or buildings, shall be sub-mitted to and approved by the supervisor of bank-ing;

Acquired in (2) Such lands as shall be conveyed to suchpaymentof debts. savings bank in satisfaction of debts previously con-

Purchased tracted in the course of its business;tdaes (3) Such lands as such savings bank shall pur-dn nrts chase at sales under judgments, decrees or mort-

gages heldby it. gages held by it.

124 [Ci. 74.

SESSION LAWS, 1929.

All real estate purchased by any such savings Pchases

bank, or taken by it in satisfaction of debts due it, eb " aenIn name ofshall be conveyed to it directly by name, and the bank.

conveyance shall be immediately recorded in theoffice of the proper recording officer of the countyin which such real estate is situated.

Every parcel of real estate purchased or acte satewithin fivequired by any such savings bank, shall be sold by it years,n

within five years from the date on which it was ess-purchased or acquired, or in case it was acquiredsubject to a right of redemption, within five yearsfrom the date on which the right of redemption ex-pires, unless:

(1) There shall be a building thereon occupied Buildingoccupied asoffices ofby the savings bank as its offices, or bank. o

(2) The supervisor of banking, on application of Time ex-tended by

the board of trustees of the savings bank, shall have supervisorof banking.

extended the time within which such sale shall bemade.

Funds to beSEC. 23. No mutual savings bank shall deposit deposited

any of its funds with any bank, trust company or dnostaryapproved by

other monied corporation or concern which has not supervisor ofbanking.

been approved by the supervisor of banking as a de-positary for the savings bank's funds and desig-nated a depositary by vote of a majority of thetrustees of the savings bank, exclusive of any trus-tee who is an officer, director or trustee of or whois interested in the depositary so designated.

SEC. 24. A mutual savings bank may deposit Securitiesmay be

securities owned by it, for safe keeping, with any depositedwith desig-nated deposi-duly designated depositary for the bank's funds. tary for

The written statement of the depositary that it holds bank's funds.

for safe keeping specified securities of a savingsbank may be taken as evidence of the facts thereinshown by any public officer or any officer of the bankor committee of its trustees whose duty it is toexamine the affairs and assets of the bank.

. CH. 74.] 125

SEc. 25. The trustees of every mutual savings

make Invest- bank shall as soon as practicable invest the moneysments assrct as deposited with it in the securities prescribed in thispracticable. act: Provided, That for the purpose of paying with-

drawals in excess of receipts, and meeting accruingexpenses, or for the purpose of awaiting a morefavorable opportunity for judicious investment, anysuch bank may keep on hand or on deposit in one ormore banks or trust companies in this state or in thecity of New York, state of New York, the city ofChicago, state of Illinois, the city of Portland, stateof Oregon, or the cities of San Francisco or LosAngeles, state of California, an available fund notexceeding twenty per centum of the aggregateamount credited to its depositors, but the sum de-posited by any such savings bank in any one bankor trust company shall not exceed twenty-five percentum of the paid up capital and surplus of thebank or trust company in which the deposit is made,and no more than five per centum of the aggregateamount credited to the depositors of any such sav-ings bank shall be deposited in a bank or trust com-pany of which a trustee of such savings bank is adirector.

Passed the House February 22, 1929. -Passed the Senate February 21, 1929.Approved by the Governor March 4, 1929.


SESSION LAWS, 1929.


JUSTICE COURTS.

AN ACT relating to justice courts, fixing the venue cof civil ac-tions therein and the jurisdiction of justices of the peacein relation thereto, prescribing duties of justices of thepeace, and repealing certain acts relating thereto.


SECTION 1. All civil actions commenced in a jus- in cities of1,000 ortice court against a defendant, or defendants, resid- more action

ing in a city or town of more than one . thousand brought in

inhabitants shall be brought in a justice court in the ridenc nt

city or town in which one or more of the defendantsreside. In all other cases the action shall be com-menced in the precinct in which one or more of thedefendants reside, or in the nearest incorporatedcity or town, or before a justice of the peace of thecounty seat of the county.

SEC. 2. Should any civil action be filed or coM- Action com-menced in

menced in any justice court other than as provided wrong court,to be dis-

in the preceding section, no jurisdiction over the missed.

defendant shall be acquired thereby, and no judg-ment shall be entered therein against such defend-ant; and if, the action having been commenced be-fore a justice court not having jurisdiction over thedefendant, the defendant appears either speciallyor generally and objects to the jurisdiction of thecourt, the justice of the peace shall dismiss theaction and enter judgment against the plaintiff infavor of the defendant for an attorney's fee of Attorney'sfee allowed

twenty-five dollars; and any such dismissal shall be defendant.

a bar to any future action on the same cause ofaction until such attorney's fee shall have been paid.

SEC. 3. All fees paid to a justice of the peace Fees paid

not having jurisdiction of the defendant in accord- ainjuris-

Ou. 75.] 127

SESSION LAWS, 1929.

ance with section 1 of this act shall be paid, by thejustice of the peace receiving the same, into the cur-rent expense fund of the county treasurer of thecounty in which such justice court is located, as soonas it shall be ascertained that such justice is withoutjurisdiction of the defendant.

SEC. 4. The jurisdiction of justices of the peaceJurisdiction aciosexceptein in all civil actions, except as provided in the fore-certain cases, .co-extensive g sections of this act, shall be co-extensive withwith limitsof county. the limits of the county in which they are elected

or appointed, and no other or greater, but everyjustice of the peace shall continue to reside andperform all the duties of his office in the precinctfor which he was elected or appointed, during hiscontinuance in office.

SEc. 5. That chapter XL (40) of the Laws of1899, page 53; chapter LXV (65) of the Laws of1901, page 105; chapter 53 of the Laws of the Extra-ordinary Session of 1925, pages 48 to 49, and chap-ter 264 of the Laws of 1927, pages 614 to 615 (sec-

vetoed. tions 1755 and 1757 of Remington's Compiled Stat-utes; sections 9559 and 9560 of Pierce's Code) arehereby repealed: Provided, That such repeal shallnot be construed as affecting the validity of any actdone or proceeding had or pending under said actsrepealed, or either of them.

Passed the House February 19, 1929.Passed the Senate February 18, 1929.Approved by the Governor February 27, 1929,

with the exception of section 5, which is vetoed.

[CHi. 75.128

SESSION LAWS, 1929.


PROTECTION OF BIRDS IN PORTION OF KITSAP COUNTY.

AN ACT relating to and for the protection of birds in portionsof Kitsap county and providing penalties for violationsthereof.

Be it enacted by the Legislature of the State ofWashington: *

SECTION 1. That it shall be unlawful to fire any Unlawful toshoot, etc.,

gun or to kill, shoot, entrap, ensnare, maim, or de- in certain

stroy any wild birds at any season of the year inthat portion of Kitsap county, Washington, de-scribed as section eight (8), township twenty-five(25) north, range two (2) east W. M.: Provided,That this section shall not apply to persons holdingpermits giving the right to take birds and nests, oreggs, for scientific purposes.

SEC. 2. Any person violating any provisions of Penalty forviolation.this act shall, upon conviction thereof, be subject toa fine of not less than ten dollars, nor more than onehundred dollars, together with the costs of prosecu-tion, or imprisonment in the county jail where theoffense is committed, for not less than five days normore than thirty days, or by such fine and imprison-ment in the discretion of the court.


. -5

Or. 76.] 129

SESSION LAWS, 1929.


PUBLIC SCHOOLS AT PUBLIC UTILITY PLANT.

AN ACT relating to the public schools; authorizing cities oper-ating public utilities having plants for the generation ofelectricity located in school districts outside of the corporatelimits of such cities to provide for educating the childrenof their employees at such plants and to enter into contractswith such pchool districts therefor; and declaring an emer-gency.


SECTION 1. Any city operating a public utilityWhen utility pursuant to the provisions of section 9488 of Rem-plant insideschool dis- ington's Compiled Statutes of Washington, with atrict, citymay pay plant for the generation of electricity located with-school dis-trict for edu- in the limits of any school district in the state out-cation ofchildren ofplant em- side of the corporate limits of such city is herebyployees. authorized and empowered to provide for educating

the children of its employees at such plant, and topay to such school district the cost and expense,including cost and expense heretofore expended, ofeducating the children of its employees residing atsuch plant, and any such city may contract with anysuch school district therefor.

SEc. 2. This act is necessary for the supportEffective of the state government and its existing institu-immediately. tions and shall take effect immediately.


130 lOi. 77.

SESSION LAWS, 1929.


PUBLIC LANDS.

AN ACT relating to certain public lands and providing for thesale thereof.


SECTION 1. The commissioner of public lands rooPission-

is hereby authorized to offer for sale and sell in the thorized to.offer for sale

manner hereinafter provided, all, or any portion of, certain lands.

the following described lands:All lands owned by the state bordering on the Lands

bordering onPacific Ocean from the southerly point of Damon's Pacific

Ocean.Point on the north side of the entrance to Gray'sHarbor to the mouth of the Queets river and fromthe line between Pacific and Grays Harbor countieson the south to a point 300 feet southerly from thesouth line of the government jetty on Peterson'sPoint on the north and lying above and on the landside of the inner boundary of the highway reser-vations made by chapter CV and chapter CX, Lawsof 1901, same being a line of ordinary high tide asthe same is now located or as it may hereafterexist.

SEC. 2. Whenever application is made to pur- Before saleupland own-er to be noti-chase any of such lands, or whenever the commis- fled.

sioner of public lands shall deem it for the bestinterest of the state to offer any of such lands forsale, he shall cause a notice to be personally servedupon the abutting upland owner if he be a residentof this state, or if the upland owner be a non-resi-dent of this state, shall mail to his last known postoffice address, a copy of a notice notifying him thatapplication has been made for the purchase of suchlands or that the commissioner deems it for the bestinterest of the state to sell the same, as the case

CH. 78.] 131

SESSION LAWS, 1929.

may be, giving a description and the value thereofas the same may be determined by an appraisalthereof made by the commissioner of public lands,and in no case less than five dollars ($5.00) per

Preference lineal chain frontage, and notifying such uplandright to pur-uaiven owner that he has a preference right to purchase

owner. such lands at the appraised value thereof thirtydays from the date of the service or mailing of saidnotice; and no such lands shall be offered for sale,or sold to any other person than the abutting up-land owner until after the expiration of said thirtydays from the date of the service or mailing of suchnotice. If the upland owner is a non-resident ofthis state and his address is unknown to the com-missioner of public lands, notice to him shall not benecessary or required. If at the expiration of the

After 30 days thirty days from the service or mailing of the notice,reues as above provided, the abutting upland owner hasrgeerea- bveteuln

cexer- failed to avail himself of his preference right topurchase and has failed to pay to the commissionerof public lands the appraised value of the lands de-scribed in such notice, then in that event said landsmay be offered for, sale and sold in the manner pro-vided for the sale of state lands, other than capitolbuilding lands.


132 [CH. 78.

SESSION LAWS, 1929.


PUBLIC SCHOOL TEXT BOOKS.

AN ACT relating to public schools, and providing for the saleto pupils of text books used therein.


SECTION 1. In any school district in the State School dis-trict provid-

of Washington in which free text books are pro- ing free textin wichfre tet boksbooks maygsell books tovided by the district for all the children attending pupils.

the schools thereof, the board of directors shallhave the power to sell to any of said children, forcash, any of the text books used in said schools,under such regulations as said board may make,and at such price for each book so sold as the textbook commission of said district, or if the districtis a second division district having no text bookcommission, then at such price as the county boardof education,,may set as the then fair value of suchbook, but in no case at a greater price than the costof said book to the district.* Provided, That no such sales of text books shall No sale to be

made exceptbe made except on the voluntary application of the u >o n

tion of childchild wishing to purchase, which application must while childis attendingbe made while such child is attending a school of school.

said district or within thirty days after his gradua-tion therefrom.


OH. 79.] 133

SESSION LAWS, 1929.

CHAPTER 80.[H. B. 115.)

MOTOR VEHICLE LICENSES.

AN ACT relating to motor vehicle licenses and amending Section16 of Chapter 96 of the Laws of 1921.


SECTION 1. That section 16 of chapter 96 of theLaws of 1921, page 263, as amended by section 2 ofchapter 181 of the Laws of 1923, page 594, (section6328 of Remington's Compiled Statutes) beamended to read as follows:

Section 16. For all motor vehicles registeredbetween the first day of July and the thirtieth dayof November of any year only one-half of the ratenamed in section 15 of this act (section 6326 of Rem-ington's Compiled Statutes) shall be charged.


CHAPTER 81.[H. B. 126.3

COMMENCEMENT OF CIVIL ACTIONS.

AN ACT relating to the commencement of civil actions in thesuperior courts and the service of summons by publication,and amending Section 228 of Remington's Compiled Statutes.


Amends SECTION 1. That section 228 of Remington'sI 228 Rem.Comp.Stat. Compiled Statutes be amended to read as follows:

Section 228. Service of summons by publica-

Summons tion. When the defendant cannot be found withinpublished. the state (of which the return of the sheriff of the

AmendsI6328 of

Rem. Comp.Stat.

Registrationbetween July1st and No-vember 30one-half rate.

134 [Cia. 80-81.

SESSION LAWS, 1929.

county in which the action is brought, that the de- Defendantcannot be

fendant cannot be found in the county, is prima suniff's

facie evidence), and upon the filing of an affidavit return.

of the plaintiff, his agent or attorney, with the clerkof the court, stating that he believes that the de-fendant is not a resident of the state, or cannot befound therein, and that he has deposited a copy ofthe summons (substantially in the form prescribed Mailing.

in section 233 of said (these) codes and statutes)and complaint in the post office, directed to the de-fendant at his place of residence, unless it is statedin the affidavit that such residence is not known tothe affiant, and stating the existence of one of thecases hereinafter specified, the service may be madeby publication of the summons, by the plaintiff orhis attorney in either of the following cases:

1. When the defendant is a foreign corporation, Foreigncorporation.

and has property within the state;

2. When the defendant, being a resident of this Defendantdeparts or

state, has departed therefrom with intent to defraud cynceal

his creditors, or to avoid the service of a summons,or keeps himself concealed therein with like intent;

3. When the defendant is not a resident of the Defendanthas property

state, but has property therein and the court has in state.

jurisdiction of the subject of the action;4. When the action is'for divorce in the cases Divorce

action.prescribed by law;

5. When the subject of the action is real or per- Action in-vo!,ving real

sonal property in this state, and the defendant has orperstonal

or claims a lien or interest, actual or contingent,therein, or the relief demanded consists wholly, orpartly, in excluding the defendant from any interestor lien therein;

6. When the action is to foreclose, satisfy, or Foreclosemortgage

redeem from a mortgage, or to enforce a lien of any or lien.

kind on real estate in the county where the action isbrought, or satisfy or redeem from the same;

CH. 81.] 135

SESSION LAWS, 1929.

7. When the action is against any corporation,Officers of whether private or municipal, organized under thecorporationcannot be laws of the state, and the proper officers on whomfound.

to make service do not exist or cannot be found;S. When the action is brought under sections

Action to de- 199 and 200 of Remington's Compiled Statutes totermine con-cim nto determine conflicting claims to property in thisproperty. state.


CHAPTER 82.[H. B. 197.]

SALE OF CAUSTIC OR CORROSIVE SUBSTANCES.

AN ACT relating to the disposition and sale of caustic or cor-rosive substances and providing penalties for violationthereof.


SECTION 1. That in this act, unless the contextor subject matter otherwise requires,

A. The term "dangerous caustic or corrosiveDefinitions. substance" means each and all of the acids, alkalis,

and substances named below: (a) Hydrochloricacid and any preparation containing free or chemi-cally unneutralized hydrochloric acid (HC1) in aconcentration of ten per centum or more; (b) Sul-phuric acid and any preparation containing free orchemically unneutralized sulphuric acid (HSO4 )in a concentration of ten per centum or more; (c)Nitric acid or any preparation containing free orchemically unneutralized nitric acid (HNO) in aconcentration of five per centum or more; (d) Car-bolic acid (CH 5OH), otherwise known as phenol,and any preparation containing carbolic acid in a

136 [Ca. 82.

SESSION LAWS, 1929.

concentration of five per centum or more; (e) Oxalicacid and any preparation containing free or chemi-cally unneutralized oxalic acid (HC 20 4) in a con-centration of ten per centum or more; (f) Any saltof oxalic acid and any preparation containing anysuch salt in a concentration of ten per centum ormore; (g) Acetic acid or any preparation contain-ing free or chemically unneutralized acetic acid(HCHO2 ) in a concentration of twenty per centumor more; (h) Hypochlorous acid, either free or com-bined, and any preparation containing the same ina concentration so as to yield ten per centum ormore by weight of available chlorine, excluding calxchlorinata, bleaching powder, and chloride of lime;(i) Potassium hydroxide and any preparation con-taining. free or chemically unneutralized potassiumhydroxide (KOH), including caustic potash andVienna paste, in a concentration of ten per centumor more; (j) Sodium hydroxide and any prepara-tion containing free or chemically unneutralizedsodium hydroxide (NaOH), including caustic sodaand lye, in a concentration of ten per centum ormore; (k) Silver nitrate, sometimes known as lunarcaustic, and any preparation containing silvernitrate (AgNO,) in a concentration of five per cen-tum or more, and (1) Ammonia water and any prep-aration yielding free or chemically uncombined am-monia (NH,), including ammonium hydroxide and"hartshorn," in a concentration of five per centumor more.

B. The term "misbranded parcel, package, or Misbranded. packages.

container" means a retail parcel, package, or con-tainer of any dangerous caustic or corrosive sub-stance for household use, not bearing a conspicuous,easily legible label or sticker, containing (a) the Label or

sticker onname of the article; (b) the name and place of busi- packages.

ness of the manufacturer, packer, seller, or distrib-utor; (c) the word "POISON," running parallel

CH. 82.] 137

SESSION LAWS, 1929.

with the main body of reading matter on said labelor sticker, on a clear, plain background of a dis-tinctly contrasting color, in uncondensed gothic cap-ital letters, the letters to be not less than 24 pointsize, unless there is on said label or sticker no othertype so large, in which event the type shall be notsmaller than the largest type on the label or sticker,

Directions and (d) directions for treatment in case of acci-meat- dental personal injury by the dangerous caustic or

corrosive substance; Provided, That such direc-tions need not appear on labels or stickers on par-cels, packages or containers at the time of shipmentor of delivery for shipment by manufacturers orwholesalers for other than household use. Providedfurther, That this act is not to be construed as ap-

Wholesale or plying to any substance subject to the act, sold atretail sale to

dret.not wholesale or retail for use by a retail druggist infilling prescriptions or in dispensing, in pursuanceof a prescription by a physician, dentist, or veter-inarian; or for use by or under the direction of aphysician, dentist, or veterinarian; or for use by achemist in the practice or teaching of his profes-sion; or for any industrial or professional use, orfor use in any of the arts and sciences.

SEc. 2.. No person shall sell, barter, or ex-Sale in mis- change, or receive, hold, pack, display, or offer forbrandedpackage. sale, barter, or exchange, in this state any danger-

ous caustic or corrosive substance in a misbrandedparcel, package, or container, said parcel, package,or container being designed for household use;Provided, That household products for cleaning andwashing purposes, subject to this act and labeledin accordance therewith, may be sold, offered forsale, held for sale and distributed in this state byany dealer, wholesale or retail; Provided further,That no person shall be liable to prosecution andconviction under this act when he establishes a guar-anty bearing the signature and address of a vendor

[CH. 82138

SESSION LAWS, 1929.

residing in the United States from whom he pur-chased the dangerous caustic or corrosive substance,to the effect that such substance is not misbrandedwithin the meaning of this act. No person in thisstate shall give any such guaranty when such dan-gerous caustic or corrosive substance is in fact mis-branded within the meaning of this act.

SEc. 3. Any dangerous caustic or corrosive Misbrandedpackages

substance in a misbranded parcel, package, or con- subject toor condemna-tion bytainer suitable for household use, that is being sold, courts.

bartered, or exchanged, or held, displayed, or of-fered for sale, barter, or exchange, shall be liable tobe proceeded against in any superior court withinthe jurisdiction of which the same is found andseized for confiscation, and if such substance is con-demned as misbranded, by said court, it shall bedisposed of by destruction or sale, as the court may Sale or de-

direct; and if sold, the proceeds, less the actualcosts and charges, shall be paid over to the statetreasurer; but such substance shall not be sold con-trary to the laws of the state: Provided, however,That upon the payment of the costs of such pro-ceedings and the execution and delivery of a goodand sufficient bond to the effect that such substancewill not be unlawfully sold or otherwise disposed of,the court may by order direct that such substancebe delivered to the owner thereof. Such condemna-tion proceedings shall conform as near as may beto proceedings in the seizure, and condemnation ofsubstances unfit for human consumption.

SEC. 4. Any person violating the provisions of Pernalty forviolation.

this act shall be guilty of a misdemeanor.

SEC. 5. The director of agriculture shall enforce Director ofAgriculture

the provisions of this act, and he is hereby author- to enforce.

ized and empowered to approve and register suchbrands and labels intended for use under the pro-visions of this act as may be submitted to him for

CH. 82.] 139

SESSION LAWS, 1929.

that purpose and as may in his judgment conformto the requirements of this statute: Provided, how-ever, That in any prosecution under this act the factthat any brand or label involved in said prosecutionhas not been submitted to said director for approval,or if submitted, has not been approved by him, shallbe immaterial.

SEc. 6. Every prosecuting attorney to whomProsecuting there is presented, or who in any way procures, sat-attorney toprosecute , isfactory evidence of any violation of the provisionsact. of this act shall cause appropriate proceedings to

be commenced and prosecuted in the proper courts,without delay, for the enforcement of the penaltiesas in such cases herein provided.

Cited as SEc. 7. This act may be cited as the Washing-Washington

soanc oi- ton Caustic Poison Act of 1929.1 929. SEC. 8. This act shall take effect on the firstEffectiveJanuary 1, day of January, 1930.1930.


CHAPTER 83.[H. B. 199.]

STATE PARKS AND PARKWAYS.

AN ACT relating to and authorizing the improvement of stateparks and parkways, and lands under the care, charge, con-trol, and supervision of the state parks committee.


SECTION 1. The state parks committee shallState Parks have the power to grant permits to improvementCommitteehas power clborvlnayrto grant per- clubs or voluntary associations, or committees rep-mits for im-reetnasoiin,provement. resenting such clubs or associations, to improve,

without expense to the state, any state park or park-

140 [CH. 83.

SESSION LAWS, 1929.

way, or any lands belonging to the state and with-drawn from sale under the provisions of chapter149 of the Laws of 1921.

SEC. 2. Any such club, association, or commit- Clubs orassociationtee, desiring to obtain such permit, shall make ap- may apply

plication therefor in writing to the state parks com-mittee, describing the lands proposed to be improvedand stating the nature of the proposed improve-ment, and the name and general purpose of the club Application,

contents.or association, and the names and places of resi-dence of its officers, and, in case the application ismade by a committee, the names and places of resi-dence of the members thereof.

Such application shall be accompanied by a cer- Accompanied

Conyby certificatetificate of a judge of the superior court of the county of judge.

in which the lands are situated, to the effect thathe is acquainted with the officers of the club or asso-ciation, or the members of the committee, makingthe application, and that he knows them to be per-sons of good repute in the community in which theyreside.

SEc. 3. If the state parks committee shall de- Commi t t eeshall require

termine that the proposed improvement will be of plans and

benefit to the public, it shall require the applicant tions.

to submit detailed plans and specifications of theproposed improvement, which, as submitted, or asmodified by the state parks committee, shall be in-corporated in the permit when granted.

SEC. 4. Before any such permit shall be Surety bondto be filed

granted, the applicant shall execute and file with with Secre-tary of State.

the secretary of state a bond payable to the Stateof Washington, in such penal sum as the state parkscommittee shall require, with good and sufficientsureties to be approved by the state parks commit-tee, conditioned that the grantee of the permit will Conditions.

make the improvement in accordance with the plansand specifications contained in the permit, and will

Ona. 83.] 141

SESSION LAWS, 1929.

pay all cost of such improvement and the claimsof all laborers and materialmen employed in makingor furnishing material for such improvement, and,in case the improvement is made upon lands with-drawn from sale under the provisions of section 4of chapter 149 of the Laws of 1921, will pay intothe state treasury to the credit of the fund to whichthe proceeds of the sale of such lands would belong,the appraised value of all merchantable timber andmaterial on the land, destroyed, or used in makingsuch improvement.


CHAPTER 84.[H. B. 215.J

CANCELLATION OF BENTON COUNTY STATE TAXES.

AN AcT providing for the cancellation of certain state taxespayable by Benton County.


SECTION 1. That whereas taxes payable to the1927-1928 Sae Wsigo 1625tax obliga- of Washington in the amount of $1,682.54 for

cellte the year 1927 and $4,853.49 for the year 1928 werelevied against certain lands belonging to irrigationdistricts in Benton county, which taxes were there-after adjudged by the supreme court to be void forthe reason that the property upon which the samewere so levied was exempt from taxation, andwhereas such taxes have not yet been paid by Ben-ton county or its officers into the state treasury,Now, therefore, The obligation of Benton countyand its officers, except for this act, to pay said re-spective amounts to the state treasurer and to the

142 [CH. 84.

SESSION LAWS, 1929.

State of Washington is hereby cancelled, and the State Treas-Ste Auditorstate treasurer and state auditor are hereby author- to cancel tax

on accountized and directed to cancel upon the account books books.

in their respective offices, to the extent of $1,682.54as to the year 1927, and $4,853.49 as to the year1928, the state tax which would, except for this act,be payable by Benton county and its officers to thestate treasurer.


CHAPTER 85.[H. B. 198.]

PUBLIC WATER SYSTEM BONDS.

AN ACT relating to public water bonds of cities payable out ofwater revenues of such cities and to their exchange for thebonds of local improvement districts previously issued forthe construction of the water system and amending Section9154-1 of Remington's Compiled Statutes of Washington,1927 supplement.


SECTION 1. That section 9154-1 of Remington's Amends§ 9154-1

Compiled Statutes of Washington, 1927 supplement, stem.r 9 .

be amended to read as follows: Sup.

Section 9154-1. Whenever any public water sys- Constructionbonds in

tem shall have been constructed within any local im- local im-provement

provement district of any city or town of any class district.

for the construction of which bonds of such localimprovement district have been issued and are out-standing and unpaid, and such city shall have takenover such system or shall be operating the same asa public utility, or shall have incorporated or con-nected such system into or with any system operatedby such city as a public utility, and from the opera-

CH. 85.] 143

SESSION LAWS, 1929.

tion of which such city derives a revenue, such citymay by resolution of its city council authorize the

Issuance of issue of bonds to an amount not exceeding therefunding

bn srized. amount of the local improvement bonds issued forthe construction of such water systems then out-standing and unpaid with interest due and unpaid,and may redeem such outstanding local improvementbonds by exchanging therefor an equal amount atpar of the bonds authorized by this act.

Passed the House February 14, 1929. -Passed the Senate February 27, 1929.Approved by the Governor March 7, 1929.


FIREMEN'S RELIEF AND PENSION.

AN ACT relating to city firemen in certain cities and towns ofthe state, creating a relief, retirement and pension fund forsuch firemen and their widows, children, parents and de-pendents, providing for the maintenance and distributionthereof, and amending Sections 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14,15, 16, 17, 18 and 19 of Chapter 196, Laws of 1919.


SECTION 1. That section 3 of chapter 196, LawsAmends of 1919, (section 9561 of Remington's Compiled§ 9561 Rem.Comp. Stat. Statutes) be amended to read as follows:

Section 3. The board herein provided for shallBoard to hold semi-monthly meetings on each and everyhold semi-mnthl. month of each year at which meetings it shall pass

upon claims to the said fund and shall direct pay-ment from said fund to those entitled thereto underthe terms of this act, and shall cause pay warrantsto be issued on the regular semi-monthly city payday. The board of trustees shall meet upon the callof its chairman at such other times as the chairman

144 [CH. 86.

SESSION LAWS, 1929.

deems necessary. It shall issue vouchers, signed Voucherssigned bychairmanby its chairman and secretary, to the persons en- an

titled thereto, for the amount of money ordered paid secretary.

to such persons from such fund by said board, whichvoucher shall state for what purpose such paymentis to be made. It shall keep a record of its pro-ceedings, which record shall be public. It shall, ateach semi-monthly meeting, send to the treasurer ofsuch city or town, a written or printed list of allpersons entitled to payment from the fund hereinprovided for, stating the amount of such paymentand for what granted, which list shall be certified toand signed by the chairman and secretary of suchboard, attested under oath.

The treasurer of such city or town shall there- "The Fire-men's Relief

upon enter a copy of said list upon a book to be and PensionFund Book."

kept for that purpose, which shall be known as "TheFiremen's Relief and Pension Fund Book", and thesaid board shall direct payment of the said amountsto the persons named therein. A majority of all the Majority of

boardmembers of said board herein provided for shall constitutes

quorum.constitute a quorum and have power to transactbusiness: Provided, however, No money belongingto said fund shall ever be disbursed for any purposewithout a vote of a majority of all the members of Money dis-

bursed by

the board of trustees, which shall be taken by the vote.

yeas and nays, and the vote of each member sovoting entered upon the proceedings of the board.

SEC. 2. That section 4 of chapter 196, Laws of § 5 6 2d em.

1919, (section 9562 of Remington's Compiled Stat- Comp. Stat.

utes) be amended to read as follows:Section 4. Whenever any person, at the time of 10 yearsser-vice entitles

memnber totaking effect of this act, or thereafter, shall have retirement.

been duly appointed and has served for a period oftwenty years or more and shall have reached theage of fifty-five (55) years as a member in anycapacity of -the regularly constituted fire departmentof any such city or town which may be subject to

OH. 86.] 145

SESSION LAWS, 1929.

the provisions of this act, the board shall be em-powered to order and direct that such person maybe retired from such fire department, and the boardshall retire any member so entitled as hereinaboveprovided for, upon his written request for same,

Monthly pay- and such member so retired shall be paid from suchment equal

alar0 o fund a monthly pension which shall be equal tofifty per cent of the amount of salary received bysuch retired member at the date of such retirement.

Upon death Upon the death of any such retired member thepaid towidow. amount of the pension which he would have received

had he lived shall be paid to his widow, if suchwidow was his wife at the time of his retirement,such payment to be made to such widow during herlife, or until she shall again marry; and if there beno such widow, then such payment shall be made to

If no widow his minor child, or children, until such child orpaid tochildren. children shall have arrived at the age of eighteen

years, or shall prior thereto have married; and ifany child or children of such deceased fireman shallbe eighteen years of age, or over, and by reason of

Phally ysica ori mental defects unable to work or earnmentallydefective icmchildren. any income, and shall be without any means of sup-

port, such payment shall be made to such child orchildren so long as such disability exists. The terms.

Members of "member of the fire department" and "firemen"'police andfire alarm shall be deemed and held to include members of anysystem.

police and fire alarm system whose time is occupiedjointly in connection with the police and fire alarmsystems of any city.

SEC. 3. That section 5 of chapter 196, Laws ofAmends 11,(et

9563 Rem. 1919, (section 9563 of Remington's Compiled Stat-Comp.Stat. utes) be amended to read as follows:

Section 5. Whenever any person, when servingPhysical ormental disin any capacity as a member of the regularly consti-cause re- tuted fire department of any such city or town, shalltirement. become physically or mentally disabled while in the

performance of, or the result of his duty or duties:

146 [CH. 86.

SESSION LAWS, 1929.

as defined in this act, said board of trustees may,upon his written request, or without such request ifit deems it for the good of said fire department,retire such person from active service, and if soretired, shall order and direct that he shall be paidfrom such fund a monthly pension which shall beequal to fifty per cent of the amount of salary re-ceived by such retired member immediately preced-ing such retirement: Provided, That whenever such Restored to

duty whendisability shall cease such pension shall cease and disability

ceases.such retired person shall be restored to active serv-ice in the same rank he held at the time of his re-tirement: Provided, further upon the death of anymember so retired the amount of pension which he Upon death

paid towould have received had he lived shall be paid to his widow.

widow, if such widow was his wife at the time ofhis retirement, such payment to be made to suchwidow during her life as hereinafter provided, orif there be no such widow, then such payment shall If no widowto minorbe made to his minor child, or children, until they child.

shall have reached the age of eighteen years; andif any such child or children of such deceased fire-man shall be eighteen years of age, or over, and byreason of physical or mental defects unable to work Mentally or

physicallyor earn any income, and shall be without any means defectivechildren.of support, such payment shall be made to such childor. children so long as such disability exists: Pro-vided, further, If any such widow, or child, or Marriage of

widowchildren shall marry, then such person so marrying terminates

payment.shall thereafter receive no further pension from saidfund.

SEC. 4. That section 6 of chapter 196, Laws of Amends§ 9564 Rem.

1919 (section 9564 of Remington's Compiled Stat- comStat.utes) be amended to read as follows:

Section 6. No person shall be retired under this Certificate ofphysician be-

act, or receive any pension from said fund, except fore reire-

for length of service, unless there shall be filed with disability.

the board of trustees, certificate of his disability or

OH. 86.1 147

cause for retirement which certificate shall. be sub-scribed and sworn to by said person, or member ofthe board of trustees, and by the firemen's reliefand pension fund physician and attending physician,if there be one, and the board may require otherevidence of disability or cause before ordering suchretirement and payment of pension as provided forin this act.

SEC. 5. That section 7 of chapter 196, Laws ofAmends 1919, (section 9565 of Remington's Compiled Stat-§ 9565 Rem.Reigo'Comp.Stat. utes) be amended to read as follows:

Section 7. -Whenever any member of the fire de-nospital, partment of any city or town shall, on account ofnurse, andsick benefitsprovided, temporary physical disability or sickness, in con-

sequence of the performance of his duty or duties,as defined in this act, be confined to any hospital orto his bed, or unable to perform his duties as suchmember on account of such temporary disability orsickness, and shall require nursing and medical care,the board of trustees shall provide a professionalnurse and pay all necessary hospital and pro-fessional nursing expenses of such member out ofthe said fund; the salary of such member shall bepaid out of said fund while he is necessarily confinedto such hospital or bed, or unable to perform hisduties as a fireman on account of such temporarydisability or sickness, for a period of not exceedingsix months, after which period the other provisionsof this act shall apply. If, however, the pension fund

Retirement physician after an examination shall decide theifincapacityextends be- member will be incapacitated for a period extendingmonths. beyond six months, then, in that event the board shall

have the power and authority to retire such memberafter the first month: Provided, That in cases ofaccident or sickness as herein defined, disabling the

Full salary member, he shall receive from said fund an allow-for sixmonths. ance equal to his full salary for the period of six

months even though such member is sooner retired;


SESSION LAWS, 1929.

and after six months the provisions of section 5 shallapply.

SEC. 6. That section 8 of chapter 196, Laws of me6nd em.

1919 (section 9566 of Remington's Compiled Stat- Comp,. Stat.

utes) be amended to read as follows:

Section 8. Whenever any member of the fire de- Upon death50% of

partment of any city or town shall lose his life, or salary paid

die from the direct result of injuries received whilein the performance of his duty or duties as hereindefined, and shall not have been retired under theprovisions of this act, and shall leave a widow, whowas his wife at the time that he received the in-juries from which he died, or child or children underthe age of eighteen years, then, upon satisfactoryproof of such facts made known to the board oftrustees, said board shall order and direct that amonthly pension, which shall be equal to fifty percent of the amount of salary received by such de-ceased member at the time of his death, shall be paidto his widow during her life, or if there be no such If no widow

paid towidow, then to his minor child or children until they minor

children.shall have reached the age of eighteen years; andif any such child or children of such deceased fire-men shall be eighteen years of age, or over, and byreason of physical or mental defects unable to workor earn any income, and shall be without any means Physically

of support, such payment shall be made to such child drnetitnchildren.

or children so long as such disability exists; and ifthere be no such widow or child or children then tohis parents or either of them if it be proven to thesatisfaction of the board of trustees that said Parents to

be paid.parents or either of them were dependent upon saidson for their support at the time of his death: Pro-vided, If such widow, child or children or said marriage

,terminatesparents shall marry, then such person so marrying pension.

shall thereafter receive no further pension from saidfund.

CH. 86.] 149

SESSION LAWS, 1929.

SEC. 7. That section 9 of chapter 196, Laws of

Am n7em. 1919, (section 9567 of Remington's Compiled Stat-Comp. Stat. utes) be amended to read as follows:

Section 9. Whenever any member regularly andDeath from acieyepoeintefrnatural actively employed in the fire department of any suchcauses. city or town shall, after one year of service in said

fire department die from natural causes, or accidentnot caused in the performance of his duty or dutiesas herein defined, and for which no pension is pro-vided for in this act, and who has not been retiredfor length of service or disability prior to his death,

Widow to then in that event his widow, if she was his wife athe paid.

the time he was stricken with his last illness, or atthe time he received the injuries from which he died;or, if there be no such widow, then his child, or

Children tobe paid. children under eighteen years of age, or physically

or mentally incompetent child or children of suchdeceased fireman, which child or children shall be

pnsially eighteen years of age, or over, and who by reason ofdefectivechildren, such physical or mental defect is unable to work or

earn any income and who is without any means ofsupport; or if there be no such widow, or child orchildren, then his parents, or either of them, if it beproven to the satisfaction of the board of trustees,that said parents, or either of them, were dependentupon said son for their support at the time of hisdeath, shall be entitled to the sum of one thousand

ment.oaY- dollars ($1,000.00) from said fund: Provided, Incase of death as above stated before one year ofservice an amount proportionate to the time of serv-ice shall be paid to above mentioned beneficiaries:

ervaiceo Provided, If the member at the time of his death hadserved fifteen years in the fire department his bene-ficiaries herein named shall have the option on re-quest to receive said one thousand dollar paymentor a monthly pension which shall be equal to one-third of the amount of salary received by suchmember of such fire department at the time of his

150 [CHi. 86.

SESSION LAWS, 1929.

death, until such time as the beneficiaries shallmarry or the child or children become eighteen yearsof age, or overcomes the physical or mental defector secures means of support, when the pension shallcease. Whenever a member shall have been regu-larly and actively employed in the fire departmentof any such city or town for a period of one year, one year

and less thanor more, and less than fifteen years, and shall sus- 15 years

service.tain a permanent disablement rendering him unableto continue his employment in said fire department,which disablement was not caused in the perform-ance of his duty or duties as herein defined, and forwhich no pension is provided in this act, and whohas not been retired for length of service or dis-ability prior thereto, he shall be paid from said funda sum equal to all sums he has paid into said fund,plus four per cent interest on the amount of suchpayments; and whenever such member has served insaid fire department fifteen years or more and shall More than

15 yearssustain a disability rendering him unable to con service re-

tinue his employment in said fire department, which onethard

disablement was not caused in the performance of hisduty or duties as defined in this act, he shall be re-tired and be paid a pension from said fund whichshall be equal to one-third of the salary paid to suchmember in said department at the time he sufferedhis disability; Provided, That whenever such dis- Pensioner

restored toability shall cease, such pensioner shall be restored duty.

to active duty in the rank held by him at the timeof his retirement, and such pension herein providedfor shall cease.

SEC. 8. That section 10 of chapter 196, Laws of Amends§ 9568 Rem.

1919, (section 9568 of Remington's Compiled Stat- comp.Stat.

utes) be amended to read as follows:Section 10. All members of the fire department Physicalexamination

of retiredwho may be retired for disability under the pro- mervisions of this act, except for length of service orpermanent disability, may be summoned before the

OH. 86.] 151

SESSION LAWS, 1929.

board of trustees any time and shall submit himselfthereto for examination, as to his fitness for duty,and shall obey and abide the decisions and orders ofsuch board, and shall report for examination to thefiremen's relief and pension fund physician when-ever directed to do so by the board, or he may berequired by the board to report for examination tosome physician designated by the board of trustees,at any place where the pensioner may be, at suchtimes as the board may direct. Whenever any

Refubal to pensioner shall fail or refuse to report to the board,or submit himself for examination to some physician,as required by the board, or who shall disobey anyorder or requirement made by the board under thisact, the board may suspend or stop further paymentsto the pensioner under this act.

SEC. 9. That section 12 of chapter 196, Laws of9mems 1919, (section 9570 of Remington's Compiled Stat-

Comp. Stat. utes) be amended to read as follows:Section 12. No person who has resigned or been

Resigned or dismissed from such fire department shall be deemeddismissedmember nottoe receive entitled to any relief or pension from said fund,except in cases where such person has rendered

twenty years of service in such fire department, orwhere disability exists which was incurred while inthe performance of, or as the result of his duty orduties as defined in this act.

SEC. 10. That section 13 of chapter 196, Laws of957nmem. 1919, (section 9571 of Remington's Compiled Stat-

Comp. Stat. utes) be amended to read as follows:Section 13. The board herein provided shall, in

oards. addition to . other powers herein granted, havepower, to-wit:

First-To compel witnesses to attend and testifyComnd before it, upon all matters connected with the opera-of witnesses. tion of this act, and in the same manner as is or

may be provided by law for the taking of testimonybefore notaries public; and its chairman or any

152 [CH. 86.

SESSION LAWS, 1929.

member of said board may administer oaths to suchwitnesses.

Second-To provide for the payment from said Epensigfund of all its necessary expenses and printing. Nocompensation or emoluments shall be paid to anymember of said board of trustees for any duties per-formed under this act, as a trustee: Provided, Theboard shall have the power and authority to appointan assistant secretary in any city or town where the Assisant

secretary is unable owing to his other duties toproperly devote his time to the pension fund affairs.It shall be the duty of the assistant secretary toperform all clerical work and such duties as pre-scribed by the board of trustees, but he shall haveno vote unless he be a member of the board of trus-tees; the board may pay such assistant secretary Salary.

such salary as they deem just from the fund, andsuch salary shall be in addition to any salary hemay receive from the city or town as regular em-ployee, or any pension allowed to any retired orpensioned member from the pension fund.

Third-To make all needful rules and regula eeulsaain

tions for its guidance in conformity with the pro-visions of this act.

Fourth-To appoint one or more regularly Physicians

licensed practicing physicians of such city or townwho shall be known as the firemen's relief andpension fund physicians, who shall examine and re-port to the board of trustees, upon all applicationsfor relief and pension under this act. They shallvisit and examine all sick and temporary disabledmembers, when, in their judgment, the best interestsof the relief and pension fund require it or whenordered by the board of trustees. They shall per-form all operations on sick and injured members and Duties of

physicians.render all medical aid and care necessary for therecovery of the member on account of sickness ortemporary disability received while in the perform-

OH. 86.] 153

SESSION LAWS, 1929.

ance of his duty or duties as defined in this act. Andsuch appointed physicians shall be paid their feesfrom said fund, the amount of said fees or salaryto be set and agreed upon by the board of trusteesand the pension fund physicians. No other physicianor surgeon not a regularly appointed pension fundphysician, or a specially appointed and employedphysician or surgeon, as hereinafter provided for,shall receive or be entitled to any fees or compensa-tion from said fund as private or attending physicianto sick or injured member of fire department, andshould any sick or injured member refuse the serv-ices of the pension fund physicians, or the speciallyappointed and employed physician or surgeon, heshall be liable for the fees to any other physician

Action or surgeon. No person shall have a right of actionagainstboard. against the board of trustees or the pension fund

for negligence of any physician or surgeon em-ployed by it. The board shall have the power andauthority to select and employ besides the regular

Specialists pension fund physicians, such other physicians, sur-.geons or specialists for consultation with, or assist-ance to the regular pension fund physicians, or forthe purpose of performing operations or renderingservices and treatment in particular cases, as it shalldeem advisable, and to pay fees for such servicesfrom said fund. Said board shall hear and decide

Decision of all applications for such relief or pensions underboard final.

this act, and its decisions on such applications shallbe final and conclusive and not subject to revisionor reversal except by the board.

SEC. 11. That section 14 of chapter 196, Laws ofAmends O7)4§957Rem. 1919 (section 9572 of Remington's Compiled Stat-Comp. Stat. utes), be amended to read as follows:

Section 14. Said fund shall consist of all be-Fund to nss e ito ieconsist of quests, fees,. gifts, emoluments or donations givenfees, etc or paid to the firemen's relief and pension fund, or

any of its members, except otherwise designated by

154 [CH. 86.

SESSION LAWS, 1929.

the donor, and a monthly fee which shall be paid I nto 4%monthlyinto the fund by each member of said fire depart- salary.

ment, including substitutes and temporarily ap-pointed members, amounting to not less than two(2) per cent-or more than four (4) per cent of hisregular monthly salary, the exact percentage to bedetermined as hereinafter provided, and the pro-ceeds of the tax levy as provided for in this act, andthe interest on investment of any portion of saidfund.

SEc. 12. That section 15 of chapter 196, Laws Amends§9573 Rem.

of 1919 (section 9573 of Remington's Compiled Stat- Comp. Stat.

utes), be amended to read as follows:Section 15. The city council or city commis- city council

or comis-

sioners of each city or town are hereby authorized ion to levy

and empowered to, and shall, when requested inwriting by two-thirds of the members of said boardof trustees of the firemen's relief and pension fund,at the same time other levies of taxes are made asprovided by the charter or laws, and in addition tothe levy authorized by the charter or laws, levy atax for an amount estimated to be required by thepension fund board of trustees, not to exceed one-half mill on each dollar of the assessed valuation ofthe property in such city or town not exempt fromtaxation, which taxes shall be credited to the fire-men's relief and pension fund. Should the amount hafex,-loan

in the fund at any time be exhausted by unforeseen fu$.general

circumstances, the board of trustees shall be em-powered to obtain a loan from the general fund orany other fund available or budget allowance ofsuch city or town, until the firemen's. relief andpension fund can be replenished and the loan re-turned to the other fund. The board of trustees bya two-thirds vote shall have power to invest allfunds, or any part thereof not required for im-mediate use, in government, county or city bonds, tobe taken in the name of the firemen's relief and

CH. 86.] 155

SESSION LAWS, 1929.

pension fund of such city or town and deposited insuch bank or banks or vaults together with othersecurities of such city or town; by the same vote theboard shall have the power to sell and dispose ofany securities.

SEC. 13. That section 16 of chapter 196, LawsAmends of 1919 (section 9574 of Remington's Compiled Stat-4, 9574 Rem.Comp. Stat. utes) be amended to read as follows:

Section 16. Payment provided for in this actPayment to shall be made semi-monthly upon proper vouchershe madesemi-monthly and in such manner as provided by the board ofon vouchers trustees in conformity with the procedure in other

disbursements of such city or town: Provided, Thatno warrants shall be drawn upon said fund exceptby order of the board of trustees which shall beduly entered upon the records of the proceedings ofthe board.

SEC. 14, That section 17 of chapter 196, LawsAmends of 1919 (section 9575 of Remington's Compiled Stat-§ 9575 Rem. Reinto'Comp. Stat. utes), be amended to read as follows:

Section 17. It shall be the duty of the auditor or

Cityaitor City Comptroller, or officer whose duty it is to drawcomptroller wito draw warrants, in making out warrants for the monthlywarrants. salaries, to deduct and withhold monthly from the

salary of each member of the fire department, in-cluding substitutes and temporarily appointed mem-bers two per cent of such monthly salary during allthe time such member may be in the employ of thefire department: Provided, however, That shouldthe board of trustees of the firemen's relief andpension fund cause a tax to be levied pursuant tothe provisions of section 15 of this act, the following

Salary amounts shall be deducted from the monthly salariesdeductions

druinetd of all members of the fire department during theof tax levy. year in which said tax is levied: Two per cent of

said monthly salary where the tax levy is less thanone-half mill on each dollar of assessed valuation ofproperty in such city or town, not exempt from taxa-

156 [CH. 86.

SESSION LAWS, 1929.

tion; four per cent of said monthly salary wheresaid tax levy is one-half mill. It shall be the dutyof the auditor or city comptroller to draw a warrantfor the full amount so withheld from the firemen'ssalaries payable to the city treasurer and by himcredited to the firemen's relief and pension fund.

SEC. 15. That section 18 of chapter 196, Laws of 9d Rem.

1919 (section 9576 of Remington's Compiled Stat- Comp. Stat.

utes), be amended to read as follows:Section 18. Upon the death of any active or re- runeral

expense.

tired member of the fire department, the board oftrustees shall appropriate from the fund the sum ofone hundred dollars ($100.00) to assist in defrayingthe funeral expenses of such member.

SEc. 16. That section 19 of chapter 196, Laws Amends§ 9577 Rem.

of 1919 (section 9577 of Remington's Compiled Stat- Comp. Stat.

utes), be amended to read as follows:

Section 19. That words "performance of duty "erfom-

and duties" whenever and wherever mentioned in anduties"

this act, shall be held and construed to mean andinclude the performance of any work required in orabout company quarters of any fire station or anyother place under the direction or general orders ofthe chief, acting chief, or any officer having au-thority to so order such member to perform suchwork, working at or returning from an alarm of fire,drill, exercise or physical practice, responding to analarm of fire when off duty in accordance with therules and regulations of the fire department.

SEC. 17. Nothing contained in this act shall af- Validity of

fect, or be construed as affecting, the validity of any prior act.

act done, obligation entered into or rights accrued,or any proceeding had or pending, under the act ofwhich this act is amendatory.

SEC. 18. If any section or portion of this act Savingclause if partI. held uncon-shall be. held to beunconstitutional and void, such stitutional.

CH. 86.] 157

SESSION LAWS, 1929.

holding shall not affect the remaining portions of theact.

Passed the Senate February 6, 1929.Passed the House February 20, 1929.Approved by the Governor March 7, 1929.

CHAPTER 87.[S. B. 109.]

EMINENT DOMAIN COMMISSIONERS.

AN AcT relating to the compensation of eminent domain commis-sioners, and amending Section 9236 of Remington's CompiledStatutes of Washington.


SECTION 1. That section 9236 of Remington'sCompiled Statutes of Washington be amended toread as follows:

Section 9236. All commissioners before enteringOath of upon their duties shall take and subscribe an oathoffice.

that they will faithfully perform the duties of theoffice to which they are appointed, and will to thebest of their abilities make true and impartial as-sessments according to the law. Every commis-

Compensa- sioner shall receive compensation at the rate of fivetion $5.00per day. dollars per day for each day actually spent in mak-

ing the assessment herein provided for: Provided,First class That in any city of the first class the superior courtcity $12.50per day. of the county in which said city is situated may, by

order duly entered in its record, fix the compensa-tion of each commissioner in an amount in no caseto exceed twelve and. one-half dollars per day foreach day actually spent in making the assessmentherein provided for. Each commissioner shall filein the proceeding in which he has made such assess-

ccong ment his account, stating the number of days he hasnumber ofdays spent. actually spent in said proceeding, and upon the ap-

158 [CH. 87.

SESSION LAWS, 1929.

proval of said account by the judge before whomthe proceeding is pending, the comptroller or cityclerk of such city shall issue a warrant in the amount Warrant

Issued,approved by the judge upon the special fund createdto pay the awards and costs of said proceeding, andthe fees of such commissioner so paid shall be in-cluded in the cost and expense of such proceedings.In case such commissioners are, during the sameperiod, or parts thereof, engaged in making assess-ments in different proceedings, in rendering theiraccounts they shall apportion them to the differentproceedings in proportion to the amount of timeactually spent .by them on the assessment in eachproceeding.


CHAPTER 88.[S. B. 115.J

HIGHWAYS.

AN ACT relating to public highways, providing for the classifica-tion, laying out, construction and/or improvement thereof,providing revenues therefor, and for the closing and re-stricting the use thereof in certain cases, defining thepowers and duties of certain officers in relation thereto,making appropriation, prescribing penalties, and providingwhen the act shall take effect.


SECTION 1. On or before the first day of August, cqunty com-Smissioners to

1929, the county commissioners of each county in preare mas-ter plan.

this state shall make a survey of the highway situa-tion in their respective counties, and shall preparea master plan for the construction and/or improve-ment of the county roads of their respective counties.In preparing such master plan the board shall make

Cii. 88.] 159

SESSION LAWS, 1929.

a special study of the needs of its county for roadsleading to and connecting directly or indirectly withstate highways, including "farm to market" roads,roads connecting trade centers and connecting witheach other and with the county seat, roads and high-ways required for transportation of school childrento the various school houses within the county androads and highways required for rural mail routes.The board shall in its plan classify certain streets,roads and highways in its county both inside andoutside of the corporate limits of cities and townswithin the following classes:

(a) State highways, which shall include onlyState high- such highways as shall have been established as stateways defined.

highways by legislative enactment, and(b) Lateral highways, which shall include such

Lateral high- other streets and roads within the county not classi-wxays defined.

fled as state highways, but which lead to and connectdirectly or indirectly with state highways, and whichcan be constructed and/or improved to the standardhereinafter provided for lateral highways with therevenues which will be provided by and availablefor expenditure under the provisions of this actwithin a period of ten years from the first day ofAugust, 1929. The plan proposed by the board shallbe sketched upon a map which shall be on a scale ofat least one inch to the mile, and which shall havedesignated upon it all the roads in the county inaccordance with the classification herein requiredupon such map in colors appropriate as to makethem readily distinguishable; and which said mapshall also show the location of the various schooldistricts of the county and the location of the dif-ferent school houses in such districts.

SEc. 2. During the month of September, 1929,

heang on the board shall hold a public hearing at the countymaster plan. seat to consider the adoption of the classification and

master plan as proposed by the board and as shown

[CH. 88.160

SESSION LAWS, 1929.

on such map, and shall give notice of such hearingby publication in the official county paper at leasttwo successive weeks preceding the date fixed forsuch public hearing. As soon as said map and Map to be

master plan is prepared, the same shall be placed ondisplay in the office of the county auditor for studyand information of interested citizens of the county.Following the hearing the board shall finally adopt amaster plan and map, as proposed by it or in ac-cordance with changes the board may desire to make

State high-following such hearing. After said master plan and way to re-

map shall have been finally adopted by the board, a ceive CoP.

copy of the same shall be furnished to the state high-way engineer and shall be kept on file in the office ofthe state highway engineer; and thereafter nochanges shall be made in such master plan or mapexcept by the unanimous vote of the members of theboard of county commissioners and the approval ofthe state highway engineer.

SEc. 3. That in addition to the excise tax re- One cent ad-

quired to be paid by each distributor of liquid fuel taxuor.0

under the provisions of chapter 173 of the Laws of1921, as amended by chapter 81 of the Laws of 1923,or heretofore, or hereafter, otherwise amended,there shall be paid to the state treasurer by everysuch distributor, in the manner and at the times ofpaying the excise taxes provided for by said acts,an excise tax of one cent per gallon on all liquid fuelsold by him.

SEc. 4. Every person, firm, or corporation, in- One centadditional

cluding distributors, who shall use liquid fuel for the ga ax on

purpose of operating motor vehicles, including motortrucks, upon the public highways of the state, or thepolitical subdivisions thereof, upon the sale or useof which liquid fuel the additional one cent excisetax imposed by this act has not been theretoforepaid, shall pay a tax of one cent per gallon in ad-dition to the tax imposed by section 2 of chapter 81

-6

Cii. 88.] 161

SESSION LAWS, 1929.

of the Laws of 1923, or any amendments heretoforeor hereafter made to said chapter, upon all suchliquid fuel so used, and, insofar as such liquid fuelis concerned, shall make the same reports and paythe same taxes as and be subject to all the other pro-visions of this act relating to, distributors of liquidfuel: Provided, That any tourist or traveler cominginto the state in a motor vehicle may transport, forhis own use only, not more than twenty gallons ofliquid fuel at one time and use the same for the pur-pose of operating such motor vehicle without thepayment of said tax.

SEc. 5. Said excise tax of one cent additionalGas tax paid per gallon shall be paid on or before the fifteenthbefore 15thof each day of each month to the state treasurer of the Statemonth.

of Washington, who shall issue a receipt therefor,and on the next business day after the receipt of anysuch excise taxes, deposit in the state treasury thebalance of moneys received for such excise taxesremaining on hand at the close of the precedingbusiness day, after making all deductions and re-funding all overpayments and all other sums re-quired to be refunded by law in the following man-

Distribution ner: Such balance to be placed in a fund which isof tax.

o thereby created in the state treasury, to be known asthe lateral highway fund, to the credit of each county

One-half of the state in the following manner: One-half ofequallyamong such fund to be credited and divided equally amongcounties.

all the counties of the state: and one-fourth of suchfund to be credited to the respective counties in pro-portion to the number of registered motor vehiclesin such county in the last preceding calendar year;

One-fourth and one-fourth of such fund to be credited to thein proportionto number of respective counties in the proportion which thefarms.

number of farms in each county bears to the totalnumber of farms in the state as defined and enu-merated in the last preceding federal census, andProvided, That one-third of any moneys to which

162 [CH. 398.

SESSION LAWS, 1929.

any first class county is entitled under the pro- iis ifiastclass coun-visions of this act shall be placed in the lateral high- ties may

way fund to the credit of and may be expended by expend.

the first class cities within such county, such creditto be given to and expenditure to be made by suchcities in proportion to the assessed valuation of theproperty within such cities, and such expendituresto be made by the governing authorities of suchcities for the construction and/or improvement ofany arterial street or highway within such city,which leads to and connects directly or indirectlywith any state highway, such expenditures to bemade either independently or in conjunction withany other moneys that may be provided by suchcities. All plans and specifications for any suchwork shall be submitted to the state highway engi-neer for his approval and all payments for suchwork shall be made upon vouchers drawn upon thelateral highway fund approved by the governing au-thorities of such cities and the state highway engi-neer, and in case of final payment to be accompaniedby certificate of approval of the state highwayengineer.

SEC. 6. On or before the tenth day of July in ua treas-

the year 1929, the state treasurer shall prepare and reet

file with the board of county commissioners of eachcounty an estimate of the receipts of the lateral high-way fund which will be credited to such county forthe ensuing year; and annually thereafter betweenthe first and tenth days of July the state treasurershall prepare and file with the board of county com-missioners of each county a statement of the receiptsof said lateral highway fund credited to such countyfor the preceding year.

SEc. 7. All moneys collected under the pro- Expended forconstruction

visions of this act and credited to the respective of lateralhighways.

counties shall be used and expended for the con-struction and/or improvement of lateral highways

CH. 88.] 163

SESSION LAWS, 1929.

only, under the provisions of this act, and shall notbe expended or obligated until and unless budgetedat the time and in the manner required by law forother county road funds, and the amount budgetedshall be based upon the statement of the state treas-

Class'"A" urer: Provided, That in Class "A" counties thecounties mayexpend for board of county commissioners may, by unanimousbridge.

vote, expend such proportion of the funds in thelateral highway fund to the credit of such county asthe commissioners shall deem advisable, either byitself or in conjunction with other state, county, cityor town or federal funds, for the construction and/orimprovement of any bridge, viaduct, or highway inany city or town in such county, which will lead toand connect directly or indirectly with a state high-way, but such expenditure from such fund for suchpurpose shall not be made unless the plans andspecifications for such work shall have been sub-mitted to and approved by the state highway engi-neer; and such expenditure shall not.exceed suchportion of moneys in said fund estimated to be avail-able for expenditure by such county during the yearthe expenditure is to be made, as the assessed valua-tion of the property in such city or town bears to thetotal assessed valuation of the property in suchcounty.

SEc. 8. Every lateral highway constructed and/

coharct of or improved under the provisions of this act shallrequired. be uniformly graded to a width of not less than nine

feet, shall have proper bridges, drains, culverts andshall be surfaced with macadam, stone, gravel orother suitable material at least as permanent anddurable, and not less than seven feet in width. Nohighway shall be constructed under the provisionsof this act with a grade exceeding five per cent,except where, by reason of physical conditions it isnot feasible nor practicable to obtain such grades,

[CH. 88.164


but in no case shall such highway be constructedwith a grade greater than ten per cent.

SEC. 9. The county engineer, if there be one, County engi-neer to do

shall perform all engineering work in connection eninfeering

with, and supervise any construction and/or im-provement work prosecuted under the provisions ofthis act, unless the board of county commissionersshall employ a construction engineer for that pur-pose: or, if there be no county engineer, the boardof county commissioners shall employ a constructionengineer for that purpose: Provided, That whereany construction and/or improvement work underthis act is done within any first class city in anyfirst class county, the city engineer of such city shallperform all engineering work in connection there-with and supervise such construction and/or im-provements.

SEC. 10. Whenever the board of county commis- County engi-neer to pre-

sioners shall have passed a resolution for the con- pare plansand make

struction and/or improvement of any highway, surveys.

under the provisions of this act, and the same shallhave received the approval of the state highwayengineer, a certified copy thereof shall be trans-mitted to the county engineer, or construction engi-neer appointed as aforesaid, who shall thereuponmake the necessary surveys and prepare profiles,maps, plans and specifications and an estimate ofthe cost of construction and/or improvement of thehighway or section thereof described in the resolu-tion, making such recommendations concerning devi-ations from existing lines as he shall deem advisableto obtain a shorter and more direct route, or tootherwise improve such highway.

SEC. 11. Upon the completion of such profiles,' Approval ofplans and

maps, plans, specifications and estimate, a copy peci ftions

thereof shall be transmitted to the state highway n e.engineer, who shall thereupon examine the same and

CH. 88.]

SESSION LAWS, 1929.

return the same to the board of county commis-sioners, making such changes therein or recom-mendations with reference thereto as he may deemadvisable, and certifying his approval thereof. Uponthe receipt of such profiles, maps, plans, specifica-tions and estimate, the board of county commis-sioners may pass a resolution adopting the same,and that such highway or section thereof shall beimproved under the provisions of this act. No reso-lution thereafter adopted by said board shall havethe effect of rescinding or annulling the resolutionso adopting such profiles, plans, specifications andestimate, unless approved by the state highway

Profiles, engineer. The profiles, maps, plans, specificationsplans, speci-fications filed and estimate as finally adopted by the board of countywith county

mmission- commissioners shall be filed in its office and become apermanent record of the board, and certified copiesthereof shall be transmitted to the state highwayengineer and to the county engineer or constructionengineer, as the case may be.

SEC. 12. Whenever the board of county com-Power of missioners shall find it necessary for the purposeeminent.domain of constructing and/or improving any highway,authorized.

straightening it or lessening the gradients thereof,or otherwise improving the same, to acquire or ap-propriate lands, real estate or other property, suchboard is hereby authorized to acquire the same bycondemnation proceedings in the manner providedby law for the appropriation of lands, real estateor other property by private corporations author-ized to exercise the right of eminent domain.

SEC. 13. When the board of county commis-Bids adver- sioners shall have finally adopted the profiles, maps,tised for bycounty com- plans, and specifications for the improvement and/ormissioners.

construction of any highway or section thereof,under the provisions of this act, said board shalladvertise for bids for three successive weeks in theofficial newspaper of such county, and if it deem

166 [Cna. 88.

SESSION LAWS, 1929.

advisable in such other newspaper or publication asit shall determine, for the construction and/or im-provement of such highway or section thereof ac-cording to such profiles, maps, plans and specifica-tions, and shall award the contract to the lowestresponsible bidder, save that the board shall havethe right to reject any or all bids. All contracts contract

form ap-shall be on a form approved by the state highway roved by

engineer and shall be let on a lump sum or unit High-ay

price basis. Before entering into any contract forsuch construction and/or improvement, it shall re-quire a corporate surety bond in the full amount of Surety bondrequired.the contract, or if the contract is to be awarded on aunit price basis, in the full amount of the total costof said work, as determined by the unit prices bidand the estimated quantities, conditioned that theparty thereto will perform the work upon the terms, Conditions.

within the time and in accordance with the contract,profiles, maps, plans and specifications, and thatsuch party will indemnify the county against anydirect or indirect damages that shall be sufferedor claimed for injuries to persons or property dur-ing the construction and/or improvement of suchhighway and until the same is accepted. Each bid &er dac-

shall be accompanied by a certified check in a sum company bid.

equal to five per cent of the amount of such bid ifupon a lump sum basis, and if upon the unit pricebasis five per cent of the total cost as determinedby the unit prices and the estimated quantities, pay-able to the county, which shall be forfeited to thecounty upon the failure of the party, for a periodof twenty days after any contract is awarded tosuch party, to enter into a proper contract andfurnish satisfactory bonds as required by this act.The contract shall-provide for payment and reserve Reserve

from moneys earned in accordance with the pro-visions of chapter 166 of the Laws of 1921. No Final

payment.final payment shall be made until the state highway

CH. 88.] 167

SESSION LAWS, 1929.

engineer shall have examined the work or causedthe same to be examined and certify to the stateauditor that such work has been fully completed inaccordance with the contract and profiles, maps,plans and specifications governing such work. Allpayments to be made by the state upon contracts,

Payments entered into in accordance with the provisions ofmade byState this act shall be made by the state treasurer fromTreasurer.

the lateral highway fund created by this act bythe additional one cent excise tax upon the war-rants of the state auditor issued upon the presenta-tion of proper vouchers by the person entitled there-to, said vouchers to be approved by the board ofcounty commissioners, and the state highway engi-neer and in case of final payment, to be accompaniedby the certificate of the state highway engineer asaforesaid. Payments on such contracts may be made

paymnion for lateral highways from the lateral highway fundfrom differ-ent funds. in conjunction with money from the county general

road and bridge fund, or from the road districtfund of any road district in which the improvementor any part thereof is located, or any fund createdby donation and placed in the possession of thecounty treasurer as a trust fund, for expenditurein connection with such improvement. Wheneverany such funds are to be used in conjunction withthe lateral highway fund in paying for such im-provement, the county commissioners shall adopt aresolution to that effect, and shall set aside fromsuch funds the amount to be expended from saidfunds on such contract, and such funds so set asideshall be held and expended for that purpose andshall not be otherwise expended or used until thecompletion of the work and final payment on suchcontract. All payments from county funds, or fromfunds donated and placed in the possession of thecounty treasurer shall be paid by the county treas-urer upon warrants drawn by the county auditor,

168 [CH.' S8.


upon presentation of proper vouchers, approved bythe board of county commissioners, and the statehighway engineer. The state auditor shall issue No warrant

to be issuedno warrant for any purpose against the lateral high- withoutfunds forway fund unless there be sufficient money to pay payment.

such warrant in the fund on which it is drawn tothe credit of the county affected. No changes oradditions, or payments therefor, shall be made dur-ing the progress of the work, unless the same shallhave been approved by the board of county commis-sioners by resolution and a copy of said resolutionshall have been transmitted to and approved by thestate highway engineer. Whenever any contract is Unit price

contract.awarded upon the unit price basis, all extras andoverruns, after having been approved by the boardof county commissioners and state highway engineershall be paid from the lateral highway fund, ifthere be sufficient money unobligated in said fund,or from county funds, as heretofore provided.

SEC. 14. Whenever a contract has been let for Closing high-ways for

the construction and/or improvement of any high- constructionpurposes.

way in accordance with the provisions of this act,the contractors may and are hereby authorized to,whenever the engineer in charge of the work shallcertify to the necessity thereof in writing, close anysuch highway or section thereof to the public, orlimit the speed of vehicles thereon, by putting upa sufficient obstruction and notice to the effect thatsuch highway is closed or that the speed of vehiclesis limited thereon. When such highway shall havebeen so closed to the public, or the speed of vehicleslimited, any person disregarding such obstructionor notice and driving, riding or walking over any violation of

closing regu-portion of such highway so closed, or in case the lations is

misde-

speed of vehicles is limited, exceeding of such speed meanor.

limit, shall be deemed guilty of a misdemeanor.Nothing herein contained however shall relieve thecontractors of the burden of keeping highways under

Cu. 88.]

SESSION LAWS, 1929.

construction at all times open to the public untilthe engineer in charge of the work shall have certi-fled to the necessity for closing such highway orlimiting the speed of vehicles thereon, and shallhave filed such certificate in the office of the countyauditor of the county within which such highway orsection thereof is located.

SEC. 15. Whenever during the constructionDitches and and/or improvement of any highway under this act,drains forhighways. or after its completion, it may be necessary for the

proper construction or maintenance thereof to openor maintain ditches or drains for the purpose ofproperly draining such highway, the county com-missioners of the county within which such highwayor section thereof is located, shall have the right toenter upon the lands adjacent thereto and to openany existing ditch or drain for the free passage ofwater for the purpose of draining such highway.Said county commissioners shall also be empoweredto agree with the owner of any such lands uponthe amount of damages, if any, sustained by him inconsequence of such entry upon his lands and per-formance of the work hereby authorized, and theamount of damages so agreed upon shall be a roaddistrict charge and shall be audited and paid thesame as other road district charges. If the county

Right to use Commissioners are unable to agree with such ownermay beacquie byemineet upon the amount of damages so sustained, thedomain. amount thereof shall be ascertained and determined

and paid in the same manner as damages are ascer-tained, determined and paid by private corporationsexercising the right of eminent domain.

SEC. 16. Whenever, under the terms of this act,Iouny funds any funds shall have been credited to any county

paid direct. in this state composed entirely of islands, the statetreasurer shall quarterly, pay such funds to suchcounty, and the same shall by such county be placedin its general road and bridge fund, and shall be

170 [Ca1. SS.

SESSION LAWS, 1929.

expended by such county for the same purposes, bythe same officers, and in the same manner as othermoneys in said general road and bridge fund; andsuch counties shall be entitled to no other participa-tion in, or disbursements from the lateral highwayfund created by this act.

SEC. 17. For the purpose of carrying out the Appropria-

provisions of this act there is hereby appropriated "5,oooooo.oo.

for the biennium ending March 1, 1931, from thelateral highway fund of the state treasury the sumof five million dollars, not, however, to exceed theamount placed in said lateral highway fund to thecredit of the respective counties from the additionalone cent excise tax under the provisions of this act.

SEC. 18. Nothing contained in this act shall Nochange

amend, change or modify any provisions of chapter 19aw1 of

35 of the Laws of 1911, and the amendments thereto,or prohibit the use and expenditure of moneys inthe permanent highway fund, in accordance withthe requirements of said chapter 35 of the Laws of1911 and the amendments thereto, on any road, streetor highway established under the provisions of thisact.

SEC. 19. That this act shall take effect and bein force on and after the first day of July, 1929.

Passed the Senate February 18, 1929.Passed the House March 4, 1929.Approved by the Governor March 8, 1929.

CH. 88.] 171

SESSION LAWS, 1929.


JUDGMENTS OF NON-SUIT AND CHALLENGES TO LEGALSUFFICIENCY OF EVIDENCE.

AN ACT relating to judgments of non-suit and upon challenge tothe legal sufficiency of the evidence, and repealing certainacts relating thereto.


SECTION 1. An action in the superior court mayDismissal be dismissed by the court and a judgment of non-and judg-

metof sutfloigcssnon-suit. suit rendered in the following cases:

1. Upon the motion of the plaintiff, (a) whenMotion of the case is to be or is being tried before a jury, atplaintiff.

any time before the court announces its decision infavor of the defendant upon a challenge to the legalsufficiency of the evidence, or before the jury retireto consider their verdict, (b) when the action,whether for legal or equitable relief, is to be or isbeing tried before the court without a jury, at anytime before the court has announced its decision:Provided, That no action shall be dismissed uponthe motion of the plaintiff, if the defendant hasinterposed a set-off as a defense, or seeks affirma-tive relief growing out of the same transaction, orsets up a counter claim, either legal or equitable, tothe specific property or thing which is the subjectmatter of the action.

Motion of )T thofpryteeither party. 2. Upon the motion of either party, upon the

written consent of the other.fnant's 3. When the plaintiff fails to appear at the time

of trial and the defendant appears and asks for adismissal.

4. Upon its own motion, when, upon the trialCourt's and before the final submission of the case, the plain-motion,

a a nt . tiff abandons it.

172 [CH.- 89.

SESSION LAWS, 1929.

5. Upon its own motion, on the refusal or neg- Courts mo-tion, forfailure tolect of the plaintiff to make the necessary parties 'aneoes-

defendants, after having been ordered so to do by Iary parties.

the court.6. Upon the motion of some of the defendants, Defendant's

when there are others whom the plaintiff fails toprosecute with diligence.

7. Upon its own motion, for disobedience of the Court'smotion.

plaintiff to an order of the court concerning the pro-ceedings in the action.

8. Upon the motion of the defendant, when, Defendant'smotion for

upon the trial, the plaintiff fails to prove some ma- re of

terial fact or facts necessary to sustain his action,as alleged in his complaint. When judgment of non- Dismissal

not bar tosuit is given, the action is dismissed, but such judg- another

ment shall not have the effect to bar another actionfor the same cause. In every case, other than thosementioned in this section, the judgment shall be ren-dered upon the merits and shall bar another actionfor the same cause.

SEC. 2. In all cases tried in the superior court Challenge tolegal suf-

with a jury, the defendant, at the close of the plain- evidnc oo

tiff's evidence, or either party, at the close of all verdict

the evidence, may challenge the legal sufficiency- ofthe evidence to warrant a verdict in favor of theadverse party, and if the court shall decide as amatter of law the evidence does not warrant a ver-dict, it shall thereupon discharge the jury from fur-ther consideration of the case and enter a judgmentin accordance with its decision, which judgment ifit be in favor of the defendant shall be a bar toanother action by the plaintiff for the same cause:Provided, That in case the defendant challenge the If dismissal

is for failurelegal sufficiency of the evidence at the close of plain- of proof

which may

tiff's case, and the court shall decide that it is insuffi- be supHie

cient merely for failure of proof of some material r non-

fact, or facts, and that there is reasonable groundto believe that such proof can be supplied in a sub-

Oni. 89.] 173

SESSION LAWS, 1929.

sequent action, the court may discharge the juryand enter a judgment of non-suit as provided in thepreceding section: And provided, further, Thatnothing in this section shall be construed to author-ize the court to discharge the jury and determinedisputed questions of fact.

SEC. 3. That sections 286, 287 and 288 of the

Stpates Code of Washington Territory of 1881, and chapterXL (40) of the Laws of 1895, page 64 (sections 340,408, 409 and 410 of Remington's Compiled Statutes;sections 8122, 8123, 8124 and 8505 of Pierce's Code)are hereby repealed.



COLLECTION AGENCIES.

AN ACT relating to collection agencies and providing for a bondfor the operation thereof.


SECTION 1. No person, firm, association or cor-Unlawful to poration shall conduct a collection agency, collectionconduct oradvertise to bureau or collection office in this state, or engage inconductwithout 41"bod this state in the business of collecting or receiving

payment for others of any account, bill or otherindebtedness, or engage in this state in the businessof soliciting .the right to collect or receive paymentfor another of any account, bill or other indebted-ness, or advertise for or solicit in print the rightto collect or receive payment for another of anyaccount, bill or other indebtedness, unless, at thetime of conducting such collection agency, collection

174 [CH. 90.

SESSION LAWS, 1929.

bureau, collection office or collection business, or ofdoing such advertising or soliciting, such person,partnership, association or corporation, or the per-son, partnership, association or corporation forwhom he or it may be acting as agent, shall have onfile a good and sufficient bond as hereinafter speci-fied.

SEc. 2. Said bond shall be in the sum of three Amount ofbond and

thousand dollars and shall provide that the person, conditions.

partnership, association or corporation giving thesame shall, upon written demand, pay and turn overto or for the person, partnership, association or cor-poration for whom any account, bill or other indebt-edness is taken for collection the proceeds of suchcollection in accordance with the terms of the agree-ment upon which such amount, bill or other indebt-edness was received for collection. Said bond shall Attorneygeneral to

approvebe in such form as the attorney general shall pre ffvescribe. The bond shall be approved by the countyclerk of the county in which the principal place ofbusiness of the collection agency is located and shallthen be filed in the office of the county auditor ofthe said county or cash may be accepted by thecounty auditor in lieu of such bond.

SEC. 3. This act shall not apply to any attorney Not apluca-ble to attor-

at law duly authorized to practice in this state and ey, bank,trust corn-

resident herein, to a national bank, to any bank or fasorro-

trust company duly incorporated under the laws of neseiation.

this state, or to professional men's associations, themembers of which are required by law to have alicense, diploma or permit to practice or follow theirprofession.

SEc. 4. Any association or federation of busi- Federationmen' asociaions en's asso-ness men's associations in this state, duly incorpor- ciation may

file oneated under the laws of this state, whose membership $5,000 bond

.ompsdcoveringis composed of business men's associations in varl- branches.

ous localities in this state through a system of fed-

CH. 90.] 175

eration, may file one bond of five thousand dollarsin behalf of all its branch organizations that main-tain and operate a collection department in the inter-est of members only, and that any of such branchorganizations will not be required to be furtherbonded.

SEC. 5. Any person, member of a partnershipor officer of an association or corporation who failsto comply with any provision of this act shall beguilty of a misdemeanor.


CHAPTER 91.[H. B. 117.]

AUTHORIZING ACCEPTANCE OF CHECK FROMPUBLIC PRINTER.

AN ACT authorizing and directing the state treasurer to accepton behalf of the state certified check from the public printerrepresenting trust funds payable to the state, and pay theproceeds thereof into the general fund, and declaring thatthis act shall take effect immediately.


SECTION 1. The state treasurer is hereby au-state Treas- thorized and directed to accept, on behalf of theurer to ac-cept eck state, the certified check of the public printer fortendered byGovernor. eight thousand five hundred ninety-two dollars and

sixty-five cents ($8,592.65) which was tendered bythe governor to the twenty-first legislature pursuantto authorization by the trustees of a certain trustcreated for the benefit of the state on March 20,1925, by a certain agreement of trust executedMarch 20, 1925, between Jay Thomas, state printer,and 0. M. Green, R. V. Ankeny and D. H. Moss,

SESSION LAWS, 1929. [Cia. 91.176

SESSION LAWS, 1929.

trustees. The state treasurer is hereby directed to Proceeds togeneral

pay the proceeds of said check into the general fund. fund.

SEC. 2. This act is necessary for the immediate 'fftt 'et

support of the state government and shall take effectimmediately.

Passed the House February 4, 1929.Passed the Senate March 1, 1929.Approved by the Governor March 9, 1929.


ATTORNEY GENERAL.

AN ACT relating to and defining the powers and duties of theattorney general and repealing certain acts relating thereto.


SECTION 1. No person shall be eligible to be Qualifnca-

attorney general of this state unless he shall be aqualified practitioner of the supreme court of thisstate. Every person elected or appointed attorneygeneral shall, before entering upon the duties of hisoffice, take, subscribe and file the oath of office as Oath of

required by law, and execute and file with the secre- oface,

tary of state, a bond to the State of Washington, in Bond.

the sum of five thousand dollars, with sureties to beapproved by the governor, conditioned for the faith-ful performance of his duties and the paying overof all moneys, as provided by law. Whenever thegovernor shall deem any bond filed by the attorneygeneral insuffieient, he may require additional bond, Additional

bond.in any penalty not exceeding five thousand dollars.

SEC. 2. If any attorney general shall fail to give Failure tofurnish-

additional bond as required by the governor within vacancydeclared.

twenty days after notice in writing of such require-

Cu. 92.] 177

SESSION LAWS, 1929.

ment, his office may, in the discretion of the gover-nor, be declared vacant and filled as provided by law.

Powers. SEC. 3. The attorney general shall have thepower and it shall be his duty:

1. To appear for and represent the state beforethe supreme court in all cases in which the state isinterested;

Institute 2. To institute and prosecute all actions andactions.proceedings for, or for the use of the state whichmay be necessary in the execution of the duties ofany state officer;

etiond 3. To defend all actions and proceedings againstany state officer in his official capacity, in any of thecourts of this state or the United States;

Consult and 4. To consult with and advise the several prose-adviseprosecuting cuting attorneys in matters relating to the duties ofattorneys.

their office, and when, in his judgment, the interestsof the state require, he shall attend the trial of anyperson accused of a crime, and assist in the prosecu-tion.

Duties. SEC. 4. It shall be the duty of the attorney gen-eral:

Consult 1. To consult with and advise the governor,and adviseGovernor. members of legislature and other state officers, and,

when requested, to give written opinions upon allconstitutional or legal questions relating to theduties of such officers respectively;

Prepare 2. To prepare, when necessary, proper draftscontracts.for contracts and other instruments relating to sub-jects in which the state is interested;

Give written 3. To give written opinions, when requested byopinions tolegislature. either branch of the legislature, or any committee

thereof, upon constitutional or legal questions;noperce 4. To enforce the proper application of funds

ficeton of appropriated for the public institutions of the state,and to prosecute corporations for failure or refusalto make the reports required by law;

178 [Cu. 92.

SESSION LAWS, 1929.

5. To keep in proper books a record of all cases Book recordof all cases.

prosecuted or defended by him, on behalf of thestate or its officers, and of all proceedings had inrelation thereto, and deliver the same to his suc-cessor in office;

6. Keep in his office books in which he shall Book record

record all the official opinions given by him during opinions.

his term of office, and to deliver the same to his suc-cessors in office;

7. To pay into the state treasury all moneys Pay moniesinto state

received by him for the use of the state. treasury.

SEc. 5. It shall be the duty of the attorney gen-. Biennialreport to

eral to prepare and report to the governor and the Governor andlegislature.

legislature, at or before the convening of each bien-nial session of the legislature, a concise statementof all matters pertaining to his official duties, mak-ing such suggestions for lessening the public ex-penses and promoting frugality in the public officesas he shall deem expedient and proper.

SEC. 6. The attorney general shall have the Execute ju-dicial bonds

power and authority to execute, on behalf of the ina bhalf of

State of Washington, any appeal or other bond re-quired to be given by the state in any judicial pro-ceeding to which it is a party in any court whatso-ever, and to procure sureties thereon.

SEC. 7. The attorney general shall have the Assistants.

power and authority to appoint necessary assist-ants, who shall hold office at his pleasure and who Powers.

shall have the power to perform any act which theattorney general is authorized by law to perform.

SEC. 8. The attorney general shall have the Otherpowers

power and it shall be his duty to perform any other and duties.

duties that are, or may from time to time be requiredof him by law.

SEc. 9. That chapter VII (7) of the Laws of Statutesrepealed.

1887/8, pages 7, 8 and 9; section 2 of chapter LV(55) of the Laws of 1891, page 95; chapter 99 of the

OH. 92.] 179

SESSION LAWS, 1929.

Laws of 1905, page 203, and chapter 119 of the Lawsof 1921, page 379, (sections 112 and 11030 to 11034of Remington's Compiled Statutes; sections 6575to 6580 and 7298 of Pierce's Code) are hereby re-pealed: Provided, That such repeal shall not affectthe validity of any act done under said acts repealed,or either of them, but this act shall be construed asa continuation thereof.

Passed the Senate January 31, 1929.Passed the House February 27, 1929.Approved by the Governor March 9, 1929.


AERIAL TRANSPORTATION.

AN ACT relating to facilities for aerial transportation, amendingSection 1 of Chapter 48 of the Laws of 1919, and validatingcertain bonds attempted to be authorized thereunder, anddeclaring that this act shall take effect immediately.


.SECTION 1. That section 1 of chapter 48 of theAmends Laws of 1919, (section 905-1 of Remington's Com-§ 905-1 Rem.Comp. Stat. piled Statutes) be amended to read as follows:

Section 1. That all cities, towns, port districtsCities, towns, and counties are authorized and empowered by andport districts,counties em- through their appropriate corporate authorities topowered to

langs, etc. acquire, maintain and operate sites and other facili-ties for landings, terminals, housing, repair and careof dirigibles, airplanes and seaplanes for the aerialtransportation of persons, property or mail; and toacquire by purchase, condemnation or lease all landsand other property necessary therefor, and to dis-pose of such lands and other property for publicuse whenever acceptance thereof on behalf of theUnited States for aviation purposes shall be author-

180 [CH. 93.

SESSION LAWS, 1929.

ized by Act of Congress; and the same is hereby de-clared to be a municipal purpose and a public use.Cities, towns, port districts and counties are hereby Granted

power ofeminentempowered to acquire lands and other property for domaintror

said purpose by the exercise of the power of eminent suenoses.domain under the same procedure as is or shall beprovided by law for the condemnation and appro-priation of private property for any of their respec-tive corporate uses, and no property shall be exemptfrom such condemnation, appropriation or disposi-tion by reason of the same having been or beingdedicated, appropriated or otherwise held to publicuse. All acts of any such municipality in the exer-cise or attempted exercise of any powers herein con-ferred are hereby ratified and confirmed.

SEc. 2. That whenever the board of county com- Bond.eu-

missioners of any county has heretofore submitted note, ratified.

to the voters of such county at a general countyelection held in such county, in the manner' pro-vided by law for the submission of questions ofauthorizing the board of county commissioners toissue bonds for county purposes, the question as towhether or not the board of county commissionersshall be authorized by a vote of said electors toacquire, maintain and operate suitable sites andother facilities for landings, terminals, housing, re-pair and care of dirigibles, airplanes and seaplanesfor the aerial transportation of persons, propertyor mail and to incur an indebtedness and issueserial bonds, in an amount not exceeding three hun-dred thousand dollars, payable beginning the sec-ond year in such amounts as will with interest onthe outstanding bonds be met by nineteen equal taxlevies, said bonds to be negotiable with interest notto exceed five per cent (57), payable annually andto be issued in denominations in not less than onehundred dollars nor more than one thousand dol-lars, and the voters of such county at such general

CH. 93.] 181

election have heretofore, by the majority requiredby law, authorized the incurring of such indebted-ness and the issuance of such bonds, such authoriza-tion is hereby ratified and confirmed and all bondsheretofore, or hereafter, issued in conformity withsuch authorization, are hereby validated and de-clared to be the valid general obligation bonds ofsuch county.

SEc. 3. This act is necessary for the immediateEffective preservation of the public peace, health and safety,immediately.

and the support of the state government and its ex-isting public institutions and shall take effect imme.diately.

Passed the Senate January 31, 1929.Passed the House February 27, 1929.Approved by the Governor March 9, 1929.

CHAPTER 94.[S. S. B. 126.)

TAX LEVY FOR RECLAMATION REVOLVING FUND.

AN ACT relating to the tax levy for the reclamation revolvingfund and amending Section 12 of Chapter 158 of the Lawsof 1919, as amended by Section 1 of Chapter 218 of the Lawsof 1927.


SECTION 1. That section 12 of chapter 158 ofAmends the Laws of 1919, (section 3015 of Remington's Com-3015 Rem.Comp. Stat. piled Statutes) as amended by section 1, chapter

218, Laws of 1927, be amended to read as follows:Section 12. For the purpose of raising revenue

Levy for for the carrying out of the provisions of this act,reclamationrevolving salfund except the state equalization committee shall, beginning1929-19o. the fiscal year of 1919, and annually thereafter, ex-

cept in the years 1929 and 1930, at the time of levy-ing taxes for state purposes, levy upon all property


SESSION LAWS, 1929.

subject to taxation, and the proper officers shall col-lect, a tax of one-half of one mill. The revenue soraised shall be paid into the state treasury andcredited to the state reclamation revolving fund.


CHAPTER 95.[S. B. 177.]

WATER APPROPRIATIONS FOR FEDERAL RECLAMATIONPROJECTS.

AN ACT relating to the appropriation of water for use in connec-tion with federal reclamation projects and amending Section4 of Chapter 88 of the Laws of 1905 and Section 7411 ofRemington's Compiled Statutes.


SECTION 1. That section 4 of chapter 88 of the Amends§ 7411 Rem.

Laws of 1905 and section 7411 of Remington's Com- Comp. Stat.

piled Statutes be amended to read as follows:Section 7411. Whenever said secretary of the Construction

contract forinterior or other duly authorized officer of the Federalirrigation

United States shall cause to be let a contract for the projects.

construction of any irrigation works or any worksfor the storage of water for use in irrigation, orany portion or section thereof, for which the with-drawal has been effected as provided in section 7410,or section 3 of chapter 88 of the Laws of 1905, anyauthorized officer of the United States, either in the Appropria-

tion of watername of the United States or in such name as may authorized.

be determined by the secretary of the interior, mayappropriate, in behalf of the United States, so muchof the unappropriated waters of the state as maybe required for the project, or projects, for whichwater has been withdrawn or reserved under the

CH. 95.] 183

SESSION LAWS, 1929.

preceding section of this act, including any and alldivisions thereof, theretofore constructed, in wholeor in part, by the United States or proposed to bethereafter constructed by the United States, suchappropriation to be made, maintained and perfectedin the same manner and to the same extent asthough such appropriation had been made by a pri-vate person, corporation or association, except thatthe date of priority as to all rights under such ap-propriation in behalf of the United States shallrelate back to the date of the first withdrawal orreservation of the waters so appropriated, and in

Fees for case of filings on water previously withdrawn underfiling notrequired. said section 7410 of Remington's Compiled Statutes,

or section 3 of chapter 88 of the Laws of 1905, nopayment of fees will be required. Such appropria-tion by or on behalf of the United States shall inureto the United States, and its successors in interest,in the same manner and to the same extent asthough said appropriation had been made by a pri-vate person, corporation or association. The title

Title to beds to the beds and shores of any navigable lake orand shores ofnavigable stream utilized by the construction of any reservoirstream vestsin UnitedStates. or other irrigation works created or constructed as

a part of such appropriation hereinbefore in thissection provided for, shall vest in the United Statesto the extent necessary for the maintenance, opera-tion and control of such reservoir or other irrigationworks.


184 ICla. 95.

SESSION LAWS, 1929.

CHAPTER 96.[S. B. 161.]

COMMON CARRIERS RATES AND FACILITIES.

AN ACT relating to public service properties and utilities, pro-viding for the regulation thereof, fixing penalties for theviolation thereof and amending Section 18 of Chapter 117of the Laws of 1911 (Section 10354 of Remington's CompiledStatutes of Washington.)


SECTION 1. That section 18 of chapter 117 ofthe Laws of 1911, pages 551 to 554, (section 10354of Remington's Compiled Statutes) be amended toread as follows:

Section 18. No common carrier shall charge, Ratescharged to be

demand, collect or receive a greater or less or differ- specified inschedules.

ent compensation for transportation of persons orproperty, or for 'any service in connection there-with, than the rates, fares and charges applicableto such transportation as specified in its schedulesfiled and in effect at the time; nor shall any suchcarrier refund or remit in any manner or by anydevice any portion of the rates, fares, or chargesso specified excepting upon order of the commission Same fa-.

as hereinafter provided, nor extend to any shipperor person any privileges or facilities in the trans-portation of passengers or property except suchas are regularly and uniformly extended to all per-sons and corporations under like circumstances. Free ticketsprohibited.No common. carrier shall, directly or indirectly,issue or give any free ticket, free pass or free orreduced transportation for passengers between Exceptions.

points within this state, except its employees andtheir families, surgeons and physicians and theirfamilies, its officers, agents and attorneys at law;to ministers of religion, traveling secretaries of rail-road Young Men's Christian Associations, inmates

OH. 96.] 185

SESSION LAWS, 1929.

of hospitals, charitable and ellemosynary [elee-mosynary] institutions and persons exclusively en-gaged in charitable and ellemosynary [eleemosy-nary] work; to indigent, destitute and homelesspersons and to such persons when transported bycharitable societies or hospitals, and the neces-sary agents employed in such transportation; toinmates of the national homes or state homes fordisabled volunteer soldiers and of soldiers' and sail-ors' homes, including those about to enter and thosereturning home after discharge; to necessary care-takers of livestock, poultry, milk and fruit; to em-ployees of sleeping car companies, express com-panies, and to linemen of telegraph and telephonecompanies; to railway mail service employees, post-office inspectors, customs inspectors and immigra-tion inspectors; to newsboys on trains; baggageagents, witnesses attending any legal investigationin which the common carrier is interested; to per-sons injured in accidents or wrecks and physiciansand nurses attending such persons; to the NationalGuard of Washington when on official duty, and stu-dents going to and returning from state institutionsof learning: Provided, That this provision shall notbe construed to prohibit the interchange of passesfor the officers, attorneys, agents and employees andtheir families, of railroad companies, steamboatcompanies, express companies and sleeping carcompanies with other railroad companies, steamboatcompanies, express companies and sleeping car com-panies, nor to prohibit any common carrier fromcarrying passengers free with the object of provid-ing relief in cases of general epidemic, pestilence,or other calamitous visitation: And provided, fur-ther, That this provision shall not be construed toprohibit the exchange of passes or franks for theofficers, attorneys, agents, employees, and their fam-ilies of such telegraph, telephone and cable lines,

186 [Ca~. 96.

SESSION LAWS, 1929.

and the officers, attorneys, agents, employees, andtheir families of other telegraph, telephone or cablelines, or with railroad companies, express companiesor sleeping car companies: Provided, further, Thatthe term "employee" as used in this section shallinclude furloughed, pensioned, and superannuatedemployees, persons who have become disabled orinfirm in the service of any such common carrier,and the remains of a person killed or dying in theemployment of a carrier, those entering or leavingits service and ex-employees traveling for the pur-pose of entering the service of any such common car-rier; and the term "families" as used in this sectionshall include the families of those persons named inthis proviso, also the families of persons killed andthe widows during widowhood and minor childrenduring minority, of persons who died while in theservice of any such common carrier: And provided,further, That nothing herein contained shall preventthe issuance of mileage, commutation tickets or ex-cursion passenger tickets: And provided, further,That nothing in this section shall be construed toprevent the issuance of free or reduced transporta-tion by any street railroad company for mail car-riers, or policemen or members of fire departments,city officers, and employees when engaged in theperformance of their duties as such city employees.

Common carriers subject to the provisions of Property ofUnited

this act may carry, store or handle, free or at re- tat sate,municipalduced rates, property for the United States, state, govrent.

county or municipal governments, or for charitablepurposes, or to or from fairs and exhibitions forexhibition thereat, and may carry, store or handle,free or at reduced rates,. the household goods andpersonal effects of its employees and those enteringor leaving its service and those killed or dying whilein its service.

Nothing in this act shall be construed to prohibit

On. 96.] 187

SESSION LAWS, 1929.

Act does not temi pca rvdnprohibit the making of a special contract providing for thecontract forexchange of mutual exchange of service between any railroadservice withtelephone company and any telegraph or telephone company,and tele-graph where the line of such telegraph or telephone com-companies.

pany is situated upon or along the railroad right ofway and used by both of such companies.


CHAPTER 97.[S. B. 117.]

LOCAL IMPROVEMENTS IN CITIES AND TpWNS.

AN ACT relating to local improvements in cities and towns andamending Sections 10, 14 and 21 of Chapter 98 of the Lawsof 1911:


SECTION 1. That section 10 of chapter 98, LawsAmends of 1911, (section 9361 of Remington's Compiled§ 9361 Rem.Comp. Stat. Statutes) be amended to read as follows:

Section 10. Any such improvement may beInitiated by the city or town council by aresolution intaedietybthciyotoncuilyaof citydelrncouncil. resolution declaring its intention to order such im-

provement, setting forth the nature and territorialContents. extent of such proposed improvement, and notifying

all persons who may desire to object thereto toappear and present such objections at a meeting ofthe council at the time specified in such resolution;and directing the proper board, officer or authorityto submit to the council at or prior to the date fixedfor such hearing the estimated cost and expense of

Estimated such improvement, and a statement of the propor-cost of im-provement. tionate amount thereof which should be borne by

the property within the proposed assessment dis-trict, and a statement of the aggregate assessed

188 [CH. 97.

SESSION LAWS, 1929.

valuation of the real estate, exclusive of improve-ments, within said district according to the valua-tion last placed upon it for the purposes of generaltaxation, together with a diagram or print showingthereon the lots, tracts and parcels of land and otherproperty which will be specially benefited therebyand the estimated amount of the cost and expenseof such improvement to be borne by each lot, tract,or parcel of land or other property. Notice of the Notice givenproperty

date of such hearing shall be given each owner or owner.

reputed owner of any lot, tract or parcel of land,or other property, specially benefited by the im-provement by mailing to the owner or reputed ownerof the property as shown on the tax rolls of thecounty treasurer, at the address shown thereon, anotice setting forth the nature of the proposed im-provement, the total estimated cost, and the esti-mated benefits to the particular lot, tract or parcel,and the date of the hearing before the city council;such notice shall be mailed as herein provided atleast fifteen days before the date fixed for suchhearing. The resolution shall be published in at Resuteon

least two consecutive issues of the official newspaperof such city or town, the date of the first publicationto be at least fifteen (15) days prior to the date fixedby such resolution for hearing before the city coun-cil: Provided, That in any city or town not havingan official newspaper, such publication may be madein any newspaper of general circulation publishedtherein, or in case there be no such newspaper, thenin a newspaper published in the county in whichsuch city or town is located and of general circula-tion in such city or town.

SEC. 2. That section 14 of chapter 98, Laws of m36 em.

1911, (section 9366 of Remington's Compiled Stat- Comp. Stat.

utes) be amended to read as follows:Section 14. Whenever any local improvement

shall be of such nature and character that the espe-

CH. 97.] 189

Boundariescalbnftthrfo exndliextended cial benefits resulting therefrom extend beyond theenlargedsoftelcldtrtdistrict. boundaries of the local improvement district herein-

before described and defined, the council may createan enlarged district, which shall include as near asmay be all the property especially benefited by such

Petition orresolution improvement. In such case, the petition or resolu-

tion initiating such improvement shall state that itis proposed to create an enlarged district to pay thewhole or a portion of the cost and expense of such

Contents. improvement and shall specify and describe theboundaries of such enlarged district, and shallspecify a fixed amount of the cost and expense ofsuch improvement to be assessed against that por-tion of the property within such enlarged district,lying between the termini of the proposed improve-ment and extending back from the marginal linesthereof to the middle of the block on each side there-of, in the mode prescribed in the in the precedingsection hereof, and that such portion of the remainder

Coste of such cost and expense, as may not be borne byborne by o uhcs n xesa a o ebrebgeneral fundand property any general fund, shall be distributed and assessedbenefited. against all the property included in the remainder

of such enlarged district in accordance with specialbenefits. Before any such enlarged district is created,the same proceeding shall be followed and noticegiven as prescribed in section 10 of this act.

The council in case it shall order such improve-Boundaries ment, shall in the ordinance therefor specify and

describe the boundaries of such district as definedin such petition or resolution.

SEc. 3. That section 21 of chapter 98, Laws of1911, (section 9373 of Remington's Compiled Stat-utes) be amended to read as follows:

Section 21. Whenever any assessment-roll forAssessment local improvements shall have been prepared as pro-roll.

vided by law, such roll shall be filed with the clerkHearing. of such city or town. The council shall thereupon

fix a date for hearing upon such roll before the coun-

190 SESSION LAWS, 1929. [Cn. 97.

SESSION LAWS, 1929.

cil and direct the clerk to give notice of such hearingand the time and place thereof.

Such notice shall specify such time and place of onitcs.

hearing on such roll, and shall notify all personswho may desire to object thereto to make such ob-jections in writing and to file the same with suchclerk, at or prior to the date fixed for such hear-ing; and that at the time and place fixed and at suchother times as the hearing may be continued to, thecouncil will sit as a board of equalization for thepurpose of considering such roll, and at such hear-ing, or hearings, will consider such objections madethereto, or any part thereof, and will correct,revise, raise, lower, change or modify such roll, orany part thereof, or set aside such roll and orderthat such assessment be made de novo, as to suchbody shall appear just and equitable, and then pro-ceed to confirm the same by ordinance.

Notice of the time and place of hearing on such Notice givenpropertyowner byassessment roll shall be given to the owner or re- maelb

puted owner of the property whose name appearsthereon by mailing a notice thereof at least fifteendays before the date fixed for the hearing to suchowner or reputed owner at the address of suchowner as shown on the tax rolls of the county treas-urer for the property described on the list; and inaddition thereto such notice shall be published at Published innewspaper.

least five (5) times in the official daily newspaper ofsuch city or town or two (2) times in the officialweekly newspaper of such city or town, or, in thecase of any city or town not having an official news-paper, then in such other newspaper designated insection 9361: Provided, That at least fifteen (15)days must elapse between the date of last publica-tion thereof and the date fixed for such hearing.

The council or other legislative body of such eaifn on

city or town, at the time fixed for hearing objectionsto the confirmation of said roll, or at such time or

OH. 97.]) 191

SESSION LAWS, 1929.

times as said hearing may be adjourned to, shallhave power to correct, revise, raise, lower, change

Correct, or modify such roll, or any part thereof, and to setrevise.assessments. aside such roll and order that such assessment be

made de novo, as to such body shall appear equit-able and just, and then shall confirm the same by

ObJections ordinance. All objections shall state clearly theto specifygrounds. grounds of objections; and objections not madew eiver of within the time and in the manner herein prescribedobjections.

shall be conclusively presumed to have been waived.Whenever any such roll shall be amended so as to

raise any assessments appearing thereon, or to in-Amended clude omitted property, a new time and place forroll, new

imeeand hearing, and a new notice of hearing on such roll,hearing. as amended, shall be fixed and given as in the case

of an original hearing: Provided, That wheneverany property shall have been entered originallyupon such roll and the assessment upon any suchproperty shall not be raised, no objections theretoshall be considered by the council or by any court on*appeal, unless such objections be made in writingat, or prior to the date fixed for the original hear-ing upon such roll.. SEC. 4. The mailing of any notice required by

the provisions of this act shall be conclusivelyMailing proved by the written certificate of the officer, boardestablishedby certificate or authority directed by the provisions of the char-of officer.

ter or ordinances of the city or town to give suchnotice.


192 [CH. 97.

SESSION LAWS, 1929.

CHAPTER 98.[S. B. 101.)

PUBLIC UTILITIES OF FOURTH CLASS CITIES.

AN AcT relating to cities of the fourth class and providing forthe disposition of surplus earnings of public utilities.


SECTION 1. When any special fund of a public Bonds andwarrants

utility department of any municipal corporation of paid.

the fourth class shall have retired all bond and/orwarrant indebtedness, and shall be on a cash basis,and a reserve or depreciation fund shall have beencreated in an amount satisfactory to the divisionof municipal corporations of the office of the stateauditor of this state, and the fixing of rates of such Rates fixed.

public utility is governed by contract with a cor-poration or person supplying the water, electricalenergy or other use sold by said municipal corpora-tion to its inhabitants and such rates are at the low-est possible figure, the council or other legislativebody, of such municipal corporation shall be author-ized, by appropriate legislative action, to set aside Set aside not

to exceed

out of the net earnings of such public utility not to v0% of netrevenue forcurrent ex-exceed fifty (50) per cent thereof and to transfer the pense fund.

sums so set aside to the current expense fund ofsuch municipal corporation.


-7

Cii. 98.] 193

SESSION LAWS, 1929.

,CHAPTER 99.[S. B. 104.]

MOTOR VEHICLE LICENSES.

AN ACT relating to the use of public.highways, the licensing ofmotor vehicles, amending Chapter 96 of the Laws of 1921,and providing penalties for violation thereof.


SECTION 1. That chapter 96 of the Laws of 1921Amends be amended by adding thereto a new section, to beChap. 96,Laws of 1921. known as section 5a, to read as follows:

Section 5a. Any person, firm or corporation.

extrarie having more than one engine for use in any motorfee $1.00. vehicle, shall, at the time of making and as a.part

of his application for a motor vehicle license, en-dorse upon such application a description of suchextra engine, or engines, giving the engine number,and such other information as the director oflicenses may require, and shall accompany such ap-plication by a fee of $1.00, in addition to other fees.The director of licenses, if a license be granted uponsuch application, shall endorse upon such licensethe fact that an extra engine, or engines, is used insuch motor vehicle, giving the engine number, or

* numbers, and such other description as he may deemadvisable.

SEC. 2. That chapter 96 of the Laws of 1921Amends be amended by adding thereto a new section, to beChap. 96,Laws of 1921. known as section 6a, to read as follows:

Section 6a. Every county auditor shall appoint

County audi- any responsible person resident in his county, to acttor shal as a special deputy to accept applications and col-appointof setaplctosadc-acceptance lect fees for motor vehicle licenses, and transfers,applications isenme nand fees, and to issue temporary number plates and tem-

porary permits furnished by the director of licenses,upon such person, or corporation, filing with such

194 [CIT. 99.

SESSION LAWS, 1929.

county auditor a good and sufficient bond payable Bonred

to the State of Washington, with good and sufficientsurety to be approved by the county auditor, pay-able to the State of Washington for the benefit ofsuch county auditor, in such penal sum as the audi-tor may require, conditioned for the faithful per-formance of his, or its, duties as such deputy. Uponsuch appointment and the approval of such bond,the person so appointed shall be furnished with suchapplication blanks, temporary number plates, andtemporary permits, as shall be deemed necessary bysuch county auditor.

SEc. 3. That section 8 of chapter 96 of the Laws AmendsSec. 8, Chap.

of 1921, page 258, be amended to read as follows: 96, Laws of192b1.

Section 8. Every motor vehicle license issuedunder the provisions of this act shall be transferred License

transferredby en-by endorsement on the license certificate signed by drsement.

the holder of such license, in case of the transfer ofthe ownership of the motor vehicle for which suchlicense was issued, from the person, or corporation,to whom the license was issued, to the person, orcorporation, to whom the ownership of such motorvehicle is transferred, when duly authorized by thedirector of licenses on application therefor, accom-panied by the fee of $1.00: Provided, That if such Fee $1.00.

motor vehicle is to be used for a purpose requiringa higher license fee than the fee paid for the orig-inal license, then and in that event, such applica-tion for transfer shall be accompanied by the differ-ence between the license fee originally paid and thefee provided by this act for the class to which thetransfer is made: Provided further, That the num-ber plates issued with any such original license shallbe transferred with the transfer of ownership ofsuch motor vehicle and shall remain, and be usedupon such motor vehicle during the calendar yearfor which such original license was issued.

On1. 99.] 195

SESSION LAWS, 1929.

New license Uo eepissued. Upon the receipt of an application for the trans-

fer of license, accompanied by the state treasurer'sduplicate receipt for fee, the director of licensesshall issue to the applicant a new license bearing thesame serial number as the original license.

SEC. 4. That section 11 of chapter 96 of theAmends Laws of 1921, page 260, be amended to read as fol-§ 11, Chap.96, Laws of 11921. lows:

Section 11. The provisions of this act relativeRegistration to registration of motor vehicles and display ofnot requireddipa

rsien-ts. license numbers and licenses shall not apply to amotor vehicle owned by a non-resident of this state,other than a foreign corporation having a place ofbusiness in this state and owning and operating amotor vehicle or motor vehicles used in connectionwith such place of business: Provided, That theowner thereof has complied with all of the laws ofthe foreign country, state, or territory or federaldistrict of his residence relative to registration ofmotor vehicles and the display of license numbersthereon as required thereby, unless and until

90 day such non-resident shall have operated such mo-period ofexemption. tor vehicle in this state for a period of ninety

(90) days, but when any such non-resident shallhave operated any motor vehicle in this state fora period of ninety (90) days he shall become sub-ject to the provisions of this act relative to reg-istration of motor vehicles and the display of li-cense numbers and licenses issued under the pro-visions of this act: Provided, That any such non-resident bringing into this state any motor vehicleregistered in compliance with the laws of the for-eign country, state, territory or federal district of

corg- his residence relative to registration of motor ve-ister within48thowmri hicles and the display of license numbers thereon as

required thereby, shall within forty-eight (48) hoursafter bringing such motor vehicle into this state,register such motor vehicle with the director of

196 [CH. 99.

SESSION LAWS, 1929.

licenses upon a blank form to be furnished by thedirector for that purpose and receive from the direc-tor a temporary permit of such design as he maydetermine, which temporary permit, when furnished,shall be used under such rules and regulations asthe director of licenses may prescribe and it shall bethe duty of the director of licenses to appoint ashis agents such number of persons, or corporations,as in his judgment are necessary for the convenienceof the traveling public to receive such registrationsand issue such temporary permits, and to furnishsuch agents with the necessary blank forms and per-mits: Provided further, That in all those cases of abutting of

states validresidence of motor vehicle owners in those states for'balance

of calendarwhose boundaries abut on those of the State of year.

Washington, the director of licenses may make regis-tration thereof, as herein provided, upon presenta-tion of a certificate of residence of such applicantin such form as the director of licenses may pre-scribe, duly subscribed by the officer of the state ofthe applicant's residence vested with the authorityto register and license motor vehicles therein, andissue a registration certificate or device which shallbe valid during the balance of the current calendaryear, or so long as such applicant remains a bona fideresident of the state from which his application isreceived, but not beyond the current calendar year.

SEC. 5. That section 13 of chapter 96 of the Amends4 13, Chap.

Laws of 1921, page 261, be repealed and that there 6, Laws of

be substituted therefor a new section, to be knownas section 13, to read as follows:

Section 13. Every person who shall operate a Penalty foroperation

motor vehicle along and over the highways of this ithoutlicense.

state without having first obtained and having inforce a motor vehicle license issued under the pro-visions of this act, or a temporary permit issuedunder the provisions of this act, shall be guilty ofa misdemeanor.

OH. 99.] 197

SESSION LAWS, 1929.

Amends§ 14, Chap. SEC. 6. That section 14 of chapter 96, Laws of92.aws of1921, page 261, be amended to read as follows:

Section 14. Upon the loss or defacement or de-Duplicate struction of any number plate or plates or when forplatesissued. any reason the letters or figures upon the number

plate or plates become illegible or in such conditionas to be difficult to distinguish, the owner of a regis-tered vehicle may obtain from the director oflicenses a duplicate or duplicates thereof upon filingin the office of the director of licenses, on forms pre-pared by him, an affidavit setting forth such factsand accompanied by a fee of $1.00 for each plate:Provided, however, That the above provision shallnot apply to dealer's plates.

Passed the Senate February 8, 1929.Passed the- House February.27, 1929.Approved by the Governor March 11, 1929.

CHAPTER 100.[S. B. 107.)

ACTIONS TO QUIET TITLE TO TANGIBLE ANDINTANGIBLE PERSONAL PROPERTY.

AN ACT in relation to and providing for the quieting of title andthe removal of clouds upon title to tangible and intangiblepersonal property.


SECTION 1. Any person or corporation claimingAction to to be the owner of or interested in any tangible oradjudicatetitle against intangible personal property may institute andadverseclaims. maintain a suit against any person or corporation

also claiming title to or any interest in such propertyfor the purpose of adjudicating the title of the plain-tiff to such property, or any interest therein, againstany and all adverse claims; removing all such ad-verse claims as clouds upon the title of the plaintiff

198 [CIE. 100.

SESSION LAWS, 1929.

and quieting the title of the plaintiff against any andall such adverse claims.

SEC. 2. The fact that any person or corporation Possessionno bar to

against whom such action may be brought is in the action.

possession of such property, or evidence of title tosuch property, shall not prevent the maintenance ofsuch suit.

Passed the Senate F'ebruary 5, 1929.Passed the House February 27, 1929.Approved by the Governor March 12, 1929.

CHAPTER 101.[S. S. B. 148.]

POLICE RELIEF AND PENSION FUNDS.

AN ACT relating to police relief and pension funds in cities of thefirst class and amending Section 3, of Chapter 39, of theLaws of 1909 as amended (Section 9581 of Remington'sCompiled Statutes).


SECTION 1. That section 3, of chapter 39, of the Amends§ 3, Chap.Laws of 1909, be amended to read as follows: 3,aws of

Section 3. From the following sources and atBoard tothe time when the annual tax levy of such city is ordertransfer ofmade, the said board shall order the transfer of a money to

sufficient amount of money into such fund in addi-tion to the salary provided for in the last paragraphin this section, to meet the financial requirementsthereof, to-wit:

1. One-half of all money received from taxes or Dog taxes.

from licenses upon dogs.2. All moneys received from the sales of all un- Sales of

unclaimedclaimed property. property.

3. All moneys received from licenses from License ofpawnbrokers,

pawnbrokers, second-hand stores, junk dealers, and etc.

from any person, firm or corporation. maintaining

Cu. 101.] 199

or conducting card rooms, billiard, pool or pigeon-hole tables for hire, and billiard and pool rooms.

Fines.for 4. All moneys received from fines for carryingcarryingconcealed of concealed weapons.weapons.

5. Not more than thirty per cent (30%) of allFines for 0 fines and forfeitures collected or received in moneyviolation ofordinances. for violation of city ordinances.

6. A sum equal to two per centum (2%) of the2% of monthly compensation paid each police officer, whichmonthly com-pensation of sum shall be deducted monthly from the salary ofpoliceofficers. each police officer by the city treasurer and placed

in said fund.Passed the Senate February 8, 1929.Passed the House March 6, 1929.Approved by the Governor March 13, 1929.

CHAPTER 102.[H. B. 54.]

SECURITY FOR COSTS IN JUSTICE COURTS.

AN ACT relating to security for costs in actions or proceedingsin justice's courts and amending Section 1725 of the Code ofWashington Territory of 1881.


SECTION 1. That section 1725 of the Code ofAmends Washington Territory of 1881, as amended by chap-( 1777 Rem.Comp. Stat. ter 10 of the Laws of 1905, page 27, (section 1777 of

Remington's Compiled Statutes) be amended toread as follows:

Section 1725. Whenever the plaintiff in an ac-

ont-rintif tion, or in a garnishment or other proceeding is afuiri to non-resident of the county or begins such action orsrity for proceeding as the assignee of some other person, or

of a firm or corporation, as to all causes of actionsued upon, the justice may require of him securityfor the costs in the action or proceeding in a sum not

200 SESSION LAWS, 1929. [CH. 102.

SESSION LAWS, 1929.

exceeding fifty dollars, at the time of the commence- Defendantmay requirement of the action, and after an action or proceed- by motion.

ing has been commenced by such non-resident orassignee plaintiff, the defendant or garnishee de-fendant may require such security by motion; andall proceedings shall be stayed until such securityhas been given.

SEc. 2. In lieu of separate security for each ac- Lien ofseparate se-

tion or proceeding in any court, the plaintiff may curity foreach action

cause to be executed and filed in the court a bond in $50 bond.

the penal sum of fifty dollars ($50.00) running to theState of Washington, with surety approved by thecourt, and conditioned for the payment of all judg-ments for costs which may thereafter be renderedagainst him in that court. Any defendant or gar-nishee who shall thereafter recover a judgment for Judgment

againstcosts in said court against the principal on such sureties.

bond shall likewise be entitled to judgment againstthe sureties. Such bond shall not be sufficient unlessthe penalty thereof is unimpaired by any outstand-ing obligation at the time of the commencement ofthe action.

Passed the House March 1, 1929.Passed the Senate February 28, 1929.Approved by the Governor March 13, 1929.

CH. 102.] 201

SESSION LAWS, 1929.

CHAPTER 103.[H. B. 55.]

SECURITY FOR COSTS IN SUPERIOR COURTS.

AN ACT relating to security for costs in actions or proceedingsin superior courts and amending Section 527 of the Code ofWashington Territory of 1881.


SECTION 1. That section 527 of the Code ofAmends Washington Territory of 1881, (section 495 of Rem-§495 Rem.Comp. Stat. ington's Compiled Statutes), be amended to read as

follows:Section 527. When a plaintiff in an action, or

Security for in a garnishment or other proceeding, resides out ofcosts re-quired of the county, or is a foreign corporation, or beginsnon-resident.

such action or proceeding as the assignee of someother person or of a firm or corporation, as to allcauses of action sued upon, security for the costs.and charges which may be awarded against suchplaintiff may be required by the defendant or gar-nishee defendant. When required, all proceedings in

Proceedings the action or proceeding shall be stayed until a bond,executed by two or more persons, or by a suretycompany authorized to do business in this state befiled with the clerk, conditioned that they will paysuch costs and charges as may be awarded againstthe plaintiff by judgment, or in the progress of the

Bond not action or proceeding, not exceeding the sum of twoexceeding$200. hundred dollars. A new or additional bond may beAdditional ordered by the court or judge, upon proof that thebond.

original bond is insufficient security, and proceed-ings in the action. or proceeding stayed until suchnew or additional bond be executed and filed. Theplaintiff may deposit with the clerk the sum of two.hundred dollars in lieu of a bond.

In lieu ofsecurity for SEc. 2. In lieu of separate security for each ac-each action

oeod. tion or proceeding in any court, the plaintiff may

202 [CH. 103.

SESSION LAWS, 1929.

cause to be executed and filed in the court a bond inthe penal sum of two hundred dollars ($200.00) run-ning to the State of Washington, with surety as incase of a separate bond, and conditioned for the pay-ment of all judgments for costs which may there-after be rendered against him in that court. Any Judgment

againstdefendant or garnishee who shall thereafter recover sureties.

a judgment for costs in said court against the prin-cipal on such bond shall likewise be entitled to judg-ment against the sureties. Such bond shall not besufficient unless the penalty thereof is unimpairedby any outstanding obligation at the time of the com-mencement of the action.

Passed the House March 1, 1929.Passed the Senate February 28, 1929.Approved by the Governor March 13, 1929.

CHAPTER 104.[H. B. 92.]

AUDITING AND ALLOWANCE OF EXPENSES OFPUBLIC OFFICERS.

AN ACT relating to the auditing and allowance of expenses ofstate, city, port district and county officers, and amendingSections 1 and 2, of Chapter LXV, of the Laws of 1899.

Be it enacted by the Legislature of the State of*Washington:

SECTION 1. That section 1, of chapter LXV (65) Amdem.

of the Laws of 1899, pages 106-107, as amended by comP.Stat.

chapter 106, of the Laws of 1919, pages 258-259, (sec-tion 9947 of Remington's Compiled Statutes) beamended to read as follows:

Section 1. Hereafter no state, county, city or State, county,city or port

port district officer shall be allowed by the state district offi-

auditor or board of county commissioners, or any ing expense.

other officer or board charged with the auditing ofaccounts, any sum or sums of money whatsoever for

Ou. 104.] 203

railroad, steamboat, or auto transportation, or otherconveyance hire, of any kind whatsoever, or for hotelor restaurant subsistence, or any other expense, un-

Accoun to less the same shall be presented in an account dulybe itemizedand sworn to. sworn to before some officer authorized to administer

oaths and each item of expenditure shall be set forthin detail, on forms prescribed by the department ofefficiency, or the division of municipal corporationsof the office of the state auditor. Such itemized ac-counts of expenditures shall, upon approval and al-lowance of the officer or board charged with thatduty, be plainly marked or stamped with the date ofallowance, and duly filed in a safe place in such office,and safely kept for the period of at least three years:Provided, The same shall be at all times open topublic inspection. Any person or persons violating

Penalty for any of the provisions of this section shall be guiltyviolation..

of a misdemeanor.

SEC. 2. That section 2, of chapter LXV, (65)of the Laws of 1899, pages 107-108, (section 9948 ofRemington's Compiled Statutes) be amended toread as follows:

Section 2. That each state, county, city or portdistrict officer making a claim before any state au-ditor, board of county commissioners, or any otherofficer or board authorized to audit claims, shall inaddition to the presentation of a verified account as

Accompanied provided in the preceding section, have such accountaccompanied with the following oath or affirmation:

STATE OF WASHINGTON S

C OU N TY OF................................................ S

I, holding the office of......................................................havingForm. herewith presented my itemized account for expenses

for the period ending..................................................., am ountingto the sum of ......................................................... dollars, do hereby,having been first duly sworn, depose and say: Thatthe foregoing account is just and true as therein

204 SESSION LAWS, 1929. [CH. 1041.

CH. 105.] SESSION LAWS, 192 205

stated; that no payment has been received by me onaccount thereof; that no rebate of any character,kind or description has been made to me by any per-son or persons furnishing any of said transportationor subsistence; that the expenses charged were act-ually and necessarily incurred and paid by me inlawful money.

Subscribed and sworn to before me this...............dayof ..... .............. A.D......

Notary Public in and for theState of Washington, residing

a t ........................................................................

Passed the House March 4, 1929.Passed the Senate March 1, 1929.Approved by the Governor March 13, 1929.

CHAPTER 105.[H. B. 135.1

ANNUAL LICENSE FEE OF USERS OF WATER FORPOWER DEVELOPMENT.

AN ACT relating to the payment of annual fees by claimants ofwater power; to the furnishing of an annual statement bysuch claimants; providing penalties for failure to pay suchfees or to make such statements.


SECTION 1. Every person, firm, private or mu- Annuallicense fe

nicipal corporation, or association hereinafter called avale ie-

"claimant", claiming the right to the use of water 2 , d

within or bordering upon the State of Washington thereafter.

for power development, shall on or before the firstday of July, 1929, and on or before the first day ofJanuary of each year thereafter pay to the State ofWashington in advance an annual license fee, based

.SESSION LAWS, 1929.

upon the theoretical water power claimed undereach and every separate claim to water accordingto the following schedule:

For projects in operation: For each and everyProjects in theoretical horse-power claimed up to and includingoperatio 1,000 horse-power, at the rate of ten cents (10c) per

horse-power; for each and every theoretical horse-Schedule power in excess of 1,000 horse-power, up to and in-of fees. cluding 10,000 horse-power, at the rate of two cents

(2c) per horsepower; for each and every theoreticalhorse-power in excess of 10,000 horse-power, at therate of one cent (1c) per horse-power.

For undeveloped projects, the fee shall be atUndeveloped one-half the rates specified for projects in operation;projects. for projects partly developed and in operation the

fees paid on that portion of any project that shallSame fees. have been developed and in operation shall be the

full annual license fee above specified for projectsin operation, and for the remainder of the powerclaimed under such project the fees shall be thesame as for undeveloped projects. Provided, Thatupon the filing of statement, as hereinafter required,

State or by the United States or the state claiming the rightUnited nthState. to the use of water to any extent for the generation

of power, or any other claimant to the use of waterfor the generation of 50 horse-power, or less, shallbe exempted from the payment of all fees herein-after required; and Provided further, That any irri-gation district or other municipal subdivision of the

dition state, developing power chiefly for use in pumpingexempt. of water for irrigation, may upon the filing of a

statement, showing the amount of power used forirrigation pumping, be exempted to the extent of thepower so used from the payment of the annuallicense fee herein provided for.

Fee to be SEc. 2. The license fee herein required shall bepaid toDar tment paid in advance to the state department of conserva-of Conserva-tion and De- tion and development and shall be accompanied byvelopment.

206 [CiH. 105.

SESSION LAWS, 1929.

written statement, showing the extent of the claim. Accompaniedby statement.Said statement shall set forth the name and addressof the claimant, the name of the stream from which ntens of

the water is appropriated or claimed for power de-velopment, a description of the forty acres orsmallest legal subdivision in which the point ofdiversion and point of return are located, the dateof the right as claimed, the maximum amount ofwater claimed, expressed in cubic feet per secondof time, the total average fall utilized under suchclaim, the manner of developing power and the useto which the power is applied. If the regular flowis supplemented by water stored in a reservoir, thelocation of such reservoir, its capacity in acre feet,and the stream from which it is filled and fed, shouldbe given, also the date of the right as claimed forstorage purposes.

Should any claimant fail or neglect to file such Failure tofile statement

statement within the time specified, or fail or neglect or pay fees,

to pay such fees within the time specified, the feesdue and payable shall be at the schedule rates setout in Section 1, increased twenty-five per cent(25%), and the state shall have preference lientherefor, with interest at the rate of ten per cent(10%) per annum from the date of delinquency,upon the property of claimant used or necessary foruse in the development of the right or claim, to-gether with any improvements erected thereon forsuch development, and upon request from the direc-tor of conservation and development the attorneygeneral shall proceed to foreclose the lien, and col-lect the amount due, as herein provided, in the samemanner as other liens for general state and countytaxes on real property are foreclosed.

The filing of a claim to water in excess of the Ecesi ve

amount to which the claimant is legally entitled shall watrgives

not operate to vest in such claimant any right to theuse of such excess water, nor shall the payment of

Cu. 105.] 207

SESSION LAWS, 1929.

the annual license fees, provided for herein, operateto vest in any claimant any right to the use of suchwater beyond the amount to which claimant is legally

Filing of entitled. The filing of such claim, or claims to waterclaims evi-dence of shall be conclusive evidence of abandonment by theabandon-ment. claimant of all right to water for power purposes

not covered by the claim, or claims, as filed; and thefailure to file statement and pay the fees, as hereinrequired, for any power site or claim of power rightson account of riparian ownership within two yearsafter the passage of this act shall be conclusive

Method of evidence of abandonment. The amount of the theo-computingtheroetical retical horse-power upon which fees shall be paidhorsepower. under the provision of this act, shall be computed by

multiplying the maximum amount of water claimed,expressed in cubic feet per second of time, by theaverage fall utilized, expressed in feet, and dividingthe product by 8.8.

SEc. 3. That all fees paid under provisions ofFees credited this act, shall be credited by the state treasurer toto generalfund. the general fund.


208 [CH. 105.


CHAPTER 106.[H. B. 196.]

FISHERIES BOARD.

AN ACT abolishing the fisheries board and providing that theduties heretofore performed by the fisheries board shall beperformed by the director of fisheries and game, and declar-ing that this act shall take effect April 1, 1929.


SECTION 1. The director of fisheries and game Director offisheries and

shall have the power, and it shall be his duty, to game to

exercise all the powers and perform all the duties pe oand

now vested in and required to be performed by the board.

fisheries board.


support of the state government and its existingpublic institutions and shall take effect April 1, 1929.


CHAPTER 107.[H. B. 200.]

FEES REQUIRED OF PUBLIC UTILITY COMPANIES.

AN AcT relating to public utility companies, providing for in-creased fees and amending Section 1 of Chapter 113 of theLaws of 1921, as amended by Section 1 of Chapter 107 ofthe Laws of 1923 (Section 10417 of Remington's CompiledStatutes).



Laws of 1921, as amended by section 1 of chapter Comp. Stat.

107 of the Laws of 1923 (section 10417 of Reming-ton's Compiled Statutes) be amended to read as fol-lows:

Onr. 106-107.]

SESSION LAWS, 1929.

Section 1. That hereafter every person, firm orPublic utility corporation engaged in business as a public utilitycompanies,exceptauto and subject to regulation as to rates and charges bytransporta--

ioncom- the department of public works, except auto trans-teambnat pOrtation companies and steamboat companies hold-

to makestatement ing certificates under chapter 248 of the Laws ofand pay fees. 1927, shall, on or before the first day of April of each

year, file with the department of public works astatement on oath showing its gross operating rev-enue for the preceding calendar year or portionthereof and pay to the department of public worksa fee of 1/10 of one per cent of such gross operatingrevenue: Provided, That the fee so paid shall in nocase be less than ten dollars.


CHAPTER 108.[H. B. 201.]

FEES REQUIRED OF AUTO TRANSPORTATIONCOMPANIES.

AN ACT relating to fees to be paid by auto transportation com-panies, abolishing the "Auto Transportation Fund" andamending Section 9 of Chapter 111 of the Laws of 1921, asamended by Section 1 of Chapter 79 of the Laws of 1923.


SECTION 1. That section 9 of chapter 111 ofAmends Laws of 1921 as amended by section 1 of chapter 79§ 9, Chap.

191 aws o of Laws of 1923 be and the same is hereby amendedto read as follows:

Companies Section 9. Every auto transportation companyto file state-ment between Operating under the provisions of this act shall be-1st and 15th*days of Jan- tween the first and fifteenth days of January, April,uary, April,July and July and October of each year, file with the directorOctober.

210 [CH. 108.

SESSION LAWS, 1929.

of public works a statement showing the grossoperating revenue of such company for the preced-ing three months or portion thereof, and shall pay Required to

pay one perto the said director a fee of one per cent of the et o osoperating

amount of such gross operating revenue. revenue.

The director of public works shall also collect Miscellane-ous fees,

the following miscellaneous fees: schedule.

All applications for a certificate of public convenience andnecessity shall be accompanied by an application feeof .......................................... $25.00

Applications for transfer of a certificate of public con-venience and necessity.............................. 5.00

Application for the mortgaging of a certificate of publicconvenience and necessity........................ 5.00

Application for the issuance of a duplicate certificate ofpublic convenience and necessity ..................... 3.00

Application for the issuance of copies of any records ofthe department of public works pertaining to autotransportation companies, per 100 words or portionthereof ......................................... .15

All moneys collected under this act shall be paid Paidneoice revolvinginto the state treasury and credited to the public fund.

service revolving fund.SEC. 2. That the fund in the state treasury Auto trans-

portationknown as the auto transportation fund be, and the fundabolished.

same is, hereby abolished and all moneys in saidfund be, and the same are, transferred to the publicservice revolving fund.


OH. 108.] 211

SESSION LAWS, 1929.

CHAPTER 109.[H. B. 103.1

WINTER POULTRY SHOWS.

AN ACT relating to winter poultry shows and providing fundstherefor.


SECTION 1. Upon petition of twenty-five residentresident taxpayers of any county who are interested in the

maypetition. poultry industry, the county commissioners may setaside and include in their annual county budgets the

5% of sum equivalent to five per cent of the assessed valua-assessedvaluation of tion of poultry in each county each year for the pur-poultry, not

$50eeding pose of holding winter poultry shows, the said sumnot to exceed the sum of $500.00 in any one year.

SEC. 2. All poultry shows shall be open to theShows open public. Such admission charge may be made as isto public.

authorized by the board of county commissioners.

SEC. 3. All such poultry shows shall be heldAmerican under the rules of the American Poultry Associa-PoultryAssociation tion and only licensed poultry judges shall be em-rules.

ployed at such shows.

* Passed the House March 7, 1929.Passed the Senate March 6, 1929.Approved by the Governor March 14, 1929.

212 [CH. 109.

SESSION LAWS, 1929.

CHAPTER 110.[H. B. 110.]

PEDDLERS.

AN ACT relating to licensing of peddlers and amending Section 1of Chapter 214 of the Laws of 1909.



Laws of 1909, pages 736 to 737 (section 8353 of Comp. Stat.

Remington's Compiled Statutes) be amended to readas follows:

Section 1. The term peddler for the purpose of Definition.

this act shall be construed to include all persons,both principals and agents, who go from place toplace and house to house, carrying for sale andoffering for sale or exposal for sale, goods, wares Peddlers of

agricultural,or merchandise: Provided, That nothing in this act horticultural

and farmshall apply to peddlers of agricultural, horticultural products

excepted.or farm products, which they may grow or raise:And provided further, That nothing in this act shallapply to peddlers within the limits of any city or City peddlers

town which by city ordinance regulates the sale of excepted.

goods, wares or merchandise by peddlers: And pro- Vendors of

vided further, That nothing in this act shall apply periodicalsand news-

to vendors of books, periodicals or newspapers. papers ex-cepted.


C11. 110.] 213

SESSION LAWS, 1929.

CHAPTER 111.[H. B. 138.]

DIKING DISTRICTS.

AN ACT relating to diking districts, and amending Chapter CXVIIof the Laws of 1895 by adding three new sections, to beknown as Sections 36-1, 36-2 and 36-3, and providing that theact shall take effect immediately.


SECTION 1. That chapter CXVII of the Laws ofAdds 14286-1 1895 be amended by adding thereto a new section,tonRem.Comp. stat. to be known as section 36-1, (section 4286-1 of Rem-

ington's Compiled Statutes) to read as follows:Section 36-1. Whenever any diking district as-

Unpaid assessments levied under this act shall remain unpaidsessments,certificates for a period of four years from the date when suchof delin-quency pur- assessment becomes due and payable, the dikingchased bydistrict district, through its commissioners, is authorized to

purchase a certificate of delinquency for such as-sessment and to foreclose the same, for the benefitof the diking district, in the same manner as anindividual is authorized under the law to purchaseand foreclose certificate of delinquency for county

Lands ac- taxes. After acquiring title to any such landsquired maybe sold by through such foreclosure proceedings, the dikingcommission-ers. district, through its commissioners, may offer for

sale and sell all, or any part, of such lands, in thesame manner as counties are authorized to offerfor sale and sell lands acquired by counties throughdelinquent tax foreclosure sales; and to issue a deedof conveyance therefor to the purchaser, executedby the commissioners of the diking district in behalfof the district, and attested by the clerk of the

Revenues district. All revenue derived by the diking districtderived usedto redeem from the sale of any such lands shall be first usedbonds.

for the redemption of any bonds and interest out-standing against said diking district which is due

214 [Cli. 111.

SESSION LAWS, 1929.

and payable, and the remainder thereof, if any, shall Remainderapplied topaym ent ofbe applied to the payment of maintenance warrants, aaitane

or other indebtedness, of the district, which is due warrants.

and owing, in the priority deemed best by the boardof diking commissioners.

SEc. 2. That chapter CXVII of the Laws of Adds § 4286-2to Rem.

1895 be amended by adding thereto a new section, Comp. Stat.

to be known as section 36-2, (section 4286-2 of Rem-ington's Compiled Statutes) to read as follows:

Section 36-2. For the purpose of raising funds Funds topurchase de-

to purchase certificates of delinquency each diking linquent cer-tificates

district is authorized to levy an annual assessment raised bylevy of

upon the acreage contained within the diking dis- annualassessment.

trict at the same time and in the same manner asother assessments of the district are levied; andfor the purpose of raising funds to purchase certifi-cates of delinquency upon delinquent cliking districtassessments during the year 1929, each diking dis-trict is authorized to issue emergency warrants, thepayment and redemption of which shall be provided Certificates

of delin-for at regular annual meeting in the year 1929; and quned pur-thereafter all amounts raised for the purchase of e2r bey

delinquent diking assessment certificates shall be warrants.

provided for at the regular annual meeting set forsuch purpose.

SEc. 3. That chapter CXVII of the Laws of Adds §4286-3to Rem.

1895 be amended by adding thereto a new section, comp. stat.to be known as section 36-3, (section 4286-3 of Rem-ington's Compiled Statutes) to read as follows:

Section 36-3. That any and all lands purchased lands pur-A~1 dstic trogh di strictexand acquired by the diking district through fore- empt from

closure of delinquent assessment certificates shall, tenatn.

so long as owned by, or until sold by, such dikingdistrict, be exempt from general state and countytaxes.


preservation of the public peace, health and safety,

On. 111.] 215

SESSION LAWS, 1929.



CHAPTER 112.[H. B. 213.]

INVENTORY AND APPRAISEMENT OF PROPERTY OFDECEASED PERSONS.

AN ACT relating to the inventory and appraisement of the prop-erty of the estates of deceased persons and amending Section95 of Chapter 156 of the Laws of 1917.


SECTION 1. That section 95 of chapter 156 of theAmends Laws of 1917, page 668 (section 1465 of Remington's§ 1465 Rem.Comp. Stat. Compiled Statutes), be amended to read as follows:

Section 95. Every executor or administratorExecutor or shall make and return, upon oath, into the court,administra-tor to file within one month after his appointment, a true in-inventory. ventory of all of the property of the estate which

shall have come into his hands, and within thirtydays after filing such inventory he shall make appli-cation to the court to appoint three disinterested per-sons to appraise the property so inventoried, and

Court to it shall be the duty of the court to appoint suchappointappraisers. appraisers. Such appraisers shall receive as com-

pensations for their services each such an amountCompensa- as to the court shall seem just and reasonable nottion $5.00per day. to exceed $5.00 per day for the time spent in making

such appraisement: Provided, That in all estatesWhere in- where an inheritance tax is payable, the court mayheritancepayable fix the compensation of each appraiser at such ancourt may

en cion. amount as the court may deem just and reasonable.If any part of the estate shall be in another county

216 [CH. 112.

SESSION LAWS, 1929.

than that in which the letters are issued, appraisers Apisers

residing in such county may be appointed by the county.

court having jurisdiction of the case, or, if mostadvisable, the same appraisers may act: Providedhowever, That the court may appoint persons toappraise the estate at the time or any time afterthe appointment of the administrator: And provided Tine ofap-

further, That where it is shown by the filing of such of appraisers.

inventory, or other proof, to the satisfaction of thecourt, that the whole estate consists of personalproperty of less value than two hundred and fifty Appraisal

dispenseddollars ($250.00) exclusive of moneys, drafts, checks, with inestates ofbonds, or other securities of fixed value, an appraise- less than

ment may be dispensed with in the discretion of thecourt.


CHAPTER 113.[H. B. 233.]

SNAKE RIVER BRIDGE.

AN ACT relating to an interstate bridge over the Snake Riverbetween Clarkston in Asotin County, Washington, and Lewis-ton in Nez Perce County, Idaho.


SECTION 1. It shall be the duty of the state high- State high-way com-

way committee to enter into negotiations with the nitee to

proper and competent authorities of the State of negotiations.

Idaho and th6 United States government for thepurpose of, if feasible, securing a contract or agree-ment between the United States government, theState of Idaho and the State of Washington for theconstruction of an interstate bridge across the Snake Clarkston to

River from Clarkston in Asotin County, Washing-

OH. 113.] 217

SESSION LAWS, 1929.

ton, to Lewiston in Nez Perce County, Idaho, andto report to the twenty-second biennial session of thelegislature of the State of Washington the resultof such negotiations and such agreement made, ifany, and the estimated cost and expense of con-structing such bridge, to be borne by the State ofWashington.


CHAPTER 114.[H. B. 116.]

WATER DISTRICTS.

AN AcT creating and validating the organization, establishmentand existence of water districts heretofore organized or estab-lished, or attempted to be organized or established, underChapter 161 of the Laws of 1913 and amendments thereto;validating and confirming all bonds, obligations, contracts,assessments, levies and all other acts, proceedings and thingsheretofore executed, issued or done by such districts or theiroficers; authorizing the establishment of water districts,providing for the acquirement, construction, maintenance, op-eration, development and regulation of a water supply for alluses and purposes, public and private other than irrigation,with full power to regulate and control the use, distributionand price thereof, and providing the method of paymenttherefor, and for the annexation of territory thereto; anddeclaring that this act shall take effect immediately.


SECTION 1. Water districts for the acquirement,water supply construction, maintenance, operation, developmentsystems to beprovided, and regulation of a water supply system and provid-

ing for additions and betterments thereto withinsuch districts are hereby authorized to be establishedin the various counties of this state, as in this actprovided. Such districts may include within their

218 [Cai. 114.

SESSION LAWS, 1929.

boundaries one or more incorporated cities andtowns.

Fration ofSEC. 2. For the purpose of formation of such itricts.water districts, a petition shall be presented to theboard of county commissioners of the county in Petition.

which said proposed water district is located, whichpetition shall set forth the object for the creationof the said district, shall designate the boundariesthereof and set forth the further fact that the estab-lishment of said district will be conducive to thepublic health, convenience and welfare and will beof benefit to the property included therein. Said Signed by

petition shall be signed by at least twenty-five per ectors.

cent of the qualified electors who shall be qualifiedelectors on the date of filing the petition, residingwithin the district described in the said petition.The said petition shall be filed with the county au-ditor, who shall, within ten days examine the signa-tures thereof and certify to the sufficiency or insuffi-ciency thereof; and for such purpose the countyauditor shall have access to all registration booksin the possession of the officers of any incorporatedcity or town in such proposed district. No personhaving signed such a petition shall be allowed to oa witwithdraw his name therefrom after the filing of the from peti-

same with the county auditor. If such petition shallbe found to contain a sufficient number of signatures,the county auditor shall transmit the same, togetherwith his certificate of sufficiency attached thereto tothe board of county commissioners. If such petitionis certified to contain a sufficient number of signa-tures, then at a regular or special meeting of theboard of county commissioners of such county, thesaid county commissioners shall cause to be pub- m"Mifstolished for at least two weeks in two successive issues pis noh-

ing ofof some weekly newspaper printed and published petition.

in said county, and in case no such newspaper beprinted or published in such county, then in some

Ou. 114.] 219

SESSION LAWS, 1929.

such newspaper of general circulation therein beforethe time at which the same is to be printed a noticethat such a petition has been presented and statingthe time of the meeting at which the same shall be

Hearing. presented. When such a petition is presented forhearing, the board of county commissioners shall

Adjourn- hear the same or may adjourn said hearing fromment.time to time not exceeding one month in all; and anyperson, firm or corporation may appear before thesaid board of county commissioners and make objec-tions to the establishment of the said district or theproposed boundary lines thereof; and upon a final

County com- hearing said board of county commissioners shallmissioners toestablish make such changes in the proposed boundary linesboundaries.

as they deem to be proper and shall establish anddefine such boundaries and shall find whether theproposed water district will be conducive to the pub-lic health, welfare and convenience and be of benefitto the majority of the land included within the saidboundaries of said proposed district so establishedby the said board of county commissioners; providedthat no change shall be made by the said board ofcounty commissioners in the said boundary lines toinclude any territory outside of the boundaries de-

Extension of scribed in the said petition, except that the boun-boundaries. ..daries of any proposed district may be extended by

the board of county commissioners at such hearingto include other lands in said county upon a petitionsigned by the owners. of all of the land within theproposed extension.

SEc. 3. Upon entry of the findings of the finalIf count_ hearing of the said petition by the said county com-ers find dis--ony hy sitrict of bene- missioners of such county, if they find said proposedfit specialelection to water system will be conducive to the public health,be called. welfare and convenience and be of special benefit to

the majority of the land included within the bound-aries of the said proposed district, shall by resolu-tion call a special election to be held not less than

220 [CHi. 114.

SESSION LAWS, 1929.

thirty days from the date of such certificate, andshall cause to be published a notice of such electionfor four successive weeks in a newspaper of general Notice of

election.circulation in the county in which said proposedwater district is located, which notice shall set thehours during which such polls will be open, bound-aries of the proposed water district as finallyadopted by the said county commissioners and theobject of such election, and the said notice shall alsobe posted for ten days in ten public places in saidproposed water district. In submitting the saidproposition to the voters for their-approval or re-jection, such proposition shall be expressed on theballots in the following terms:

Water District...............Yes E0 Ballot form.

Water District ............... No

giving in each instance the name of such district asmay be decided by the board of county commission-ers. There shall not be less than one polling place Polling

in each precinct in each incorporated city or town places.

and one polling place in each precinct outside suchcities or towns.

SEC. 4. Whenever two or more petitions for the Duplicationof territory

formation of a water district shall be filed as herein in petitions.

provided, the petition describing the greater areashall supersede all others and an election shall firstbe held thereunder, and no lesser water district shallever be created within the limits in whole or in partof any water district.

SEC. 5. If at such election a majority of the vot- Majority ofvoters favor

ers voting upon such proposition shall vote in favor formation.

of the formation of such district the board of countycommissioners shall so declare in its canvass of thereturns of such election to be made within ten daysafter the date of the election, and such water districtshall then be and become a municipal corporation of

221OH. 114.]

SESSION LAWS, 1929.

the State of Washington, and the name of such waterdistrict shall be "........................... Water District" (insert-ing the. name appearing on the ballot).

SEC. 6. At the same election at which the prop-Election of osition is submitted to the voters as to whether thewater com-missioners. water district shall be formed, three water commis-

sioners shall be elected to hold office respectively forthe terms, one, two and three years and until theirrespective successors are elected. The term for eachnominee for water commissioner to be expressed onthe ballot. And thereafter, as provided by chapter53 of the Laws of 1923, page 172, or any amendment

Auatilor thereto, there shall be held each year an election forlctmiion-ryarmission- a water commissioner, to hold office for three years

and until his successor is elected and qualified.Nominees for water commissioners shall be by

Nominations petition of at least ten per cent of the qualified elec-of com-missioners. tors of such water district, who shall be qualified

electors on the date of filing the petition, to be filedin the county auditor's office of the county in whichsuch district is located at least thirty days prior tosuch election, provided that in the event of a vacancycaused by death, resignation or otherwise, such va-cancy shall be filled by appointment by a majorityvote of the remaining board of water commissionersuntil the next regular election for water commission-

Notice to ers. Said board of water commissioners shall desig-designatewhether gen- nate in their notice of election whether such electioneral orseectia. be a general or special election, the time of opening

and closing of polls, and the place of voting, but inno event shall there be less than one voting place ineach of the precincts of any city or town in such dis-trict and at least one voting place in any precinct inthe water district outside of any town or city. Thepolls shall be open at every election held by said

Time of water district at least from one o'clock p. m. toopening,closing polls, eight o'clock p. m., but said board of water commis-etc.

sioners may keep the polls open for a longer period

222 (CH. 114.

SESSION LAWS, 1929.

of time if they shall so order, but the time of open-ing and closing the polls must be stated in the noticeof election and the polls shall be opened and closedin accordance with such notice. Any person resid-ing in said water district who is at the time of hold-ing of any election, a qualified voter under the laws Qfual1fiation

of the State of Washington, shall be entitled to voteat any election held in such water district.

The officers of any city or town, or in any precinct Rgirationlivered toin a water district where registration is required, commission-

having charge of the registration shall deliver the ers.

same to the water commissioners for the use of theelection officers at any election held in a water dis-trict formed under and in accordance with the pro-visions of this act. And the registration of voters oe tion

for election to be held in such water district shall beconducted by the city or town clerks and officer ofregistration of the city, town and territory embracedwithin said water district; and the notice prescribedto be given by section 5123 of Remington's CompiledStatutes or any amendment thereto shall constitutesufficient notice to citizens residing within said waterdistrict for registration for any general or specialelection therein, without the necessity for such noticespecially stating that it is for registration for anelection to be held in a water district. And anyelector who shall have registered in accordance withthe laws of this state, entitling him to vote at a gen-eral or special election in the city, town or territorycomprised within such water district, within time toconstitute same a good registration for any generalor special election of said water district, shall beentitled to vote thereat without further or other reg-istration. The city or town clerk or registrationofficer required to perform the duties enumeratedunder this act shall receive no additional compensa-tion therefor. The general laws of the State ofWashington governing the registration of voters for

223OH. 114.]

a general or a special city or town municipal elec-tion, when not inconsistent with the foregoing pro-vision, shall govern the registration of voters forelections held under this chapter, and the registra-tion books of the city, town and territory comprisingsaid water district shall be the books used by saidwater district, and no separate registration books

Manner of shall be kept or maintained by it. The manner ofholdingelections. holding any general or special election for said water

district shall be in accordance with the laws of thisstate and the charter provisions of the cities ortowns within said water district if any there be, andin so far as the same are not inconsistent with the

Election provisions of this act. All expense of elections forexpense.

the formation of such water districts shall be paidby the county in which said election is held and suchexpenditure is hereby declared to be for a countypurpose, and the money paid out for such purposeshall be repaid to such county by the water districtif formed.

SEC. 7. When the said water district shall beBoard of created as hereinbefore provided for, the officers ofwater com-missioners. such district shall be a board of water commission-

ers consisting of three members elected as providedin section 6 of this act and said board of water com-missioners shall annually elect one of their number

President. as president and another of their number as secre-Secretary. tary of said board. All water commissioners shallCompensa- serve without compensation, except that the secre-tion.

tary of the said board of water commissioners maybe paid a reasonable sum for the clerical servicesperformed by him. They shall by resolution adopt

Rules. rules governing the transaction of its business andOfficial seal, shall adopt an official seal. All proceedings shall be

by resolution recorded in a book or books kept forPublic such purpose which shall be public records.records.

SEC. S. All water districts organized under theprovisions of this act shall be and are hereby author-

224 SESSION LAWS, 1929. [CH. 114.

SESSION LAWS, 1929.

ized to acquire by purchase or condemnation, or Power of

both, all lands, property, property rights, water, domain.

water rights, leases or easements necessary for thepurposes of the water district and to exercise theright of eminent domain in the acquirement or dam-aging of all land, property, property rights, water,or water rights, leases and easements necessary incarrying out the purposes for which said districtshall have been created and such right of eminentdomain shall be exercised in the same manner andby the same procedure as is or may be provided bylaw for cities of the third class, except in so far assuch law may be inconsistent with the provisions ofthis act, and except that all assessment or reassess- Assessment

rolls.ment rolls provided by law to be prepared and filedby eminent domain commissioners or commissionersappointed by the court shall be prepared and filedby the water district, and the duties devolving uponthe city treasurer under said law be, and the sameare hereby imposed upon the county treasurer forthe purposes of this act; to construct, condemn andpurchase, purchase, acquire, add to, maintain andsupply waterworks for the purpose of furnishingsuch water district and inhabitants thereof, and anycity or town within such district, and any other per-sons with an ample supply of water for all uses andpurposes public and private, except irrigation, withfull authority to regulate and control the use, dis-tribution and price thereof. And for the purposesaforesaid, it shall be lawful for any water district soorganized in this state to take, condemn and pur-chase, purchase, acquire and retain water from any water from

public orpublic or navigable lake, river or watercourse, per- navigable

colating or subterranean or any underflowing water etc.

within the state and, by means of aqueducts or pipe-line to conduct the same throughout such water dis-trict, and throughout any city or town within suchdistrict and to construct and lay the same along and

-8

Cu. 114.] 225

SESSION LAWS, 1929.

upon public highways, roads and streets, within suchdistrict, and to condemn and purchase, purchase oracquire, lands and rights of way necessary for saidaqueducts, and pipe-lines, and such water districtis hereby authorized and empowered to erect andbuild dams or other works across or at the outletof any lake, river or other watercourse therein up

Aqueducts, to and above high-water mark; and for all the pur-pipe-lines,dams, etc. poses of constructing or laying such aqueducts or

pipe-lines, dams, or waterworks or other necessarystructures in storing and retaining water as aboveprovided, or for any of the purposes provided forby this chapter, such water district shall have the

Beds and right to occupy the beds and shores up to the high-shores oflakes water mark of any such lake, river, or other water-

course, and to acquire the right by purchase or bycondemnation and purchase or otherwise to anywater, water rights, easements or privileges namedin this chapter or necessary for any of said pur-poses and any such water district, shall have theright to acquire by purchase or condemnation andpurchase any lands, properties or privileges neces-sary, to be had to protect the water supply of suchwater district from pollution: Provided, That shouldprivate property be necessary for any such purposeor for storing water above high-water mark, suchwater district may condemn and purchase or pur-chase and acquire such private property.

May ac- That any water district so organized may pur-quire waterfrommnici- chase and take water from any municipal corpora-plopr-caeadtkwaefrmaymncpal corpora-tion. tion.

Local Im- SEc. 9. Said water district shall have the powerprovementdistricts. to establish local improvement districts within its

territory; to levy special assessments under themode of annual installments extending over a periodnot exceeding twenty years on all property specially

Special as- benefited by any local improvement on the basis ofsessmentlevied. special benefits to pay in whole or in part the dam-

226 [CH. 114.

SESSION LAWS, 1929.

ages or costs of any improvements ordered in suchwater district; to issue local improvement bonds inany such improvement district to be repaid by thecollection of local improvement assessments: Pro-vided, That the levying and collection of all public How assess-

ments to beassessments and issuance of bonds hereby author- leied and

ized shall be in the manner now and hereafter pro- issued.

vided by law for the levying and collection of localimprovement assessments and the issuance of localimprovement bonds by cities of the first class in sofar as the same shall not be inconsistent with theprovisions of this act: Provided, however, That theduties devolving upon the city treasurer under saidlaws be and the same hereby are imposed upon thecounty treasurer for the purposes of this act; themode of assessment shall be in the manner to be de-termined by the water commissioner by resolution.

SEC. 10. It shall be the duty of the water dis- cn n-

trict commissioners of every water district before r plon orntof watercreating any improvements hereunder or submitting supply.

to vote any plan for incurring any indebtedness, toconsider and determine upon and adopt a compre-hensive scheme or plan of water supply for such dis-trict for the purposes authorized in this act, and forsuch purpose, the water district commissioners shallinvestigate the several portions and sections of suchwater district for the purpose of determining thepresent and future needs of such district in regardto a water supply; to examine and investigate, deter-mine and select a water supply or water supplies forsuch district suitable and adequate for present andfuture needs thereof; to consider and determine ageneral system or plan for acquiring such watersupply or water supplies, and the lands, waters andwater rights and easements necessary therefor; andfor retaining and storing any such waters, erectingdams, reservoirs, aqueducts and pipe-lines to conveythe same throughout such district; there may be in-

CH. 114.] 227

SESSION LAWS, 1929.

cluded as part of the system the installation of firehydrants at suitable places throughout the district;for determining the plan or system for distributingsuch water throughout such district by means ofsubsidiary aqueducts and pipe-lines, and the methodof distributing the cost and expense thereof againstsuch water district and against local improvementdistricts within such water district for any purposeauthorized in this act, and including any such localimprovement district lying wholly or partially withinthe limits of any city or town in such district. Thecommissioners may employ such engineering andlegal service as in their discretion is necessary incarrying out the objects and purposes of this act.

Such general comprehensive scheme and plan,Submitted when finally considered or determined upon by suchto electors. board of water commissioners, shall be by them

adopted by resolution, which resolution shall pro-vide for the submission thereof at a general or spec-ial election specified in such resolution to the quali-fied voters within such district for their ratificationor rejection. No expenditure for the carrying on ofany part of such plan shall be made by the waterdistrict commissioners other than the necessarysalaries of engineers, clerical and office expenses ofsuch water district, and the cost of engineering,surveying, preparation and collection of data neces-sary for the making and adoption of a generalscheme of improvements in such water district un-less and until such general scheme of improvementshas been so officially adopted by the water districtcommissioners and ratified by the affirmative voteof a majority of the voters of such water districtvoting thereon at the election which shall be held

Notice. for such purpose. Forty-five days notice of suchelection shall be published in one or more weeklynewspapers of general circulation in such water dis-trict. If at such election a majority of the votes cast

228 [CH. 114.

SESSION LAWS, 1929.

upon such question shall be in favor of the adoptionthereof, the same shall thereupon be ratified andadopted and proclamation thereof made by suchcommission within ten days after such election.

- Such commission may submit at the same election at Indebted-HOV nSS pro-

which the proposition to adopt the comprehensive posed

plan or scheme is submitted, or at any general or election.

special election a proposition that said water districtincur a general indebtedness for the construction ofany part or all of said comprehensive plan. Pro-vided, however, That such proposition to incur in-debtedness shall be submitted as to enable the votersto vote for or against the same independent of anyvote on the proposition of adopting or rejecting suchcomprehensive plan or scheme. If such general in-debtedness is to be incurred, the amount of suchindebtedness and the terms thereof shall be includedin the proposition submitted to the qualified votersas aforesaid and such proposition shall be adoptedand assented to by three-fifths of the qualified votersof the said water district voting at said election.

Whenever a proposition has been adopted as If adoptedto be carried

aforesaid, the water district commissioners shall out.

have power to proceed forthwith to carry out saidgeneral scheme or plan to the extent specified inthe proposition to incur such general indebtedness.

In the same manner as herein provided for the Additionsand better-

adoption and ratification of the original compre- ments.

hensive scheme and after the adoption of the originalcomprehensive scheme, a scheme providing for addi-tions and betterments to the original comprehensivescheme may be adopted and ratified.

The water district may incur a general indebted- Indebted-

ness for the construction of the additions and better- for.

ments in the same way the general indebtedness maybe incurred for the construction of the original com-prehensive scheme after submission to the voters ofthe entire district in the manner the original propo-

Or. 114.] 229

SESSION LAWS, 1929.

sition to incur indebtedness may be submitted. Uponratification the additions and betterments may becarried out by the water district commissioners tothe extent specified in the proposition to incur suchgeneral indebtedness.

SEC. 11. Whenever the qualified voters of anysuch water district shall have heretofore adoptedor shall hereafter adopt a proposition for a watersupply as set out in the preceding section, or anyadditions and betterments thereto, and shall haveauthorized a general indebtedness for all the saidproposition or any part thereof, or any additionsand betterments thereto, general water bonds maybe issued as hereinafter provided. The said bondsshall be serial in form and maturity and numberedfrom one up consecutively. The said bonds shallbear interest not to exceed 6% per annum payablesemi-annually, with interest coupons attached. Thevarious annual maturities shall commence with thesecond year after the date of issue of said bonds,and shall as nearly as practicable be in such amounts

vetoed. as will, together with the interest on all outstandingbonds be met by an equal annual tax levy for thepayment of said bonds and interest: Provided, how-ever, That only the bond numbered one of any issueshall be of a denomination other than a multiple ofone hundred dollars.

Bonds issued under this act shall never be issuedto run for a longer period than twenty years fromthe date of the issue and shall as near as practicablebe issued for a period which will be equivalent tothe life of the improvement to be acquired by theissue of the bonds and shall be dated either July 1or January 1.

The bonds shall be signed by the presiding officerof the board of the water district commissioners andshall all be attested by the secretary of the saidboard under the seal of the water district, and the

230. [CH. 114.

SESSION LAWS, 1929.

interest coupons shall be signed by the facsimile"signature of the presiding officer of the board ofwater district commissioners and shall be attestedby the facsimile signature of the secretary of theboard of water commissioners.

There shall be levied by the officers or governingbody now or hereafter charged by law with the dutyof levying taxes in the manner provided by law anannual levy sufficient to meet the annual or semi- Vetoed.

annual payments of principal and interest on thesaid bonds maturing as herein provided upon all tax-,able property within such water district.

Said bonds shall be sold in such manner as thecorporate officers shall deem for the best interest ofthe water district, and at a price not less than parand accrued interest.

SEc. 12. Whenever a petition signed by a ma- Petition for

jority of the owners of land in the district to be carintherein described shall be filed with the water dis-trict commission, asking that any portion of thegeneral plan adopted be ordered, and defining theboundaries of a local improvement district to be cre-ated to pay in whole or in part .to pay the costthereof, it shall be the duty of the water district com-mission to fix a date for hearing on such petition.Notice of the time and place of the hearing shall begiven by publication of a notice of the hearing in a Notice ofhearing.newspaper of general circulation throughout thewater district once a week for two consecutive weeksbefore the date of the hearing. At such hearing thewater district commissioners may alter the bound- BounAdaries

fixed,aries of such proposed district and prepare andadopt detailed plans of any such local improvement,declare the estimated cost thereof, what proportionof such cost shall be borne by such proposed localimprovement district and what proportion of thecost, if any, shall be borne by the entire waterdistrict.

CH. 114.] 231

SESSION LAWS, 1929.

The water district commission shall forthwithorement by resolution order such improvement, provide the

general funds of the water district to be appliedthereto, acquire all necessary lands therefor, pay alldamages caused thereby and commence in the name

Eminent of the water district such eminent domain proceed-domain pro-ceedings. ings and supplemental assessment or reassessment

proceedings to pay all eminent domain awards asmay be necessary to entitle said water district toproceed with such work, and said water district com-mission shall thereafter proceed with such workand shall make and file with the county treasurer,

oessment its roll levying special assessments in the amount tobe paid by special assessment against the propertysituated within such local improvement district inproportion to the special benefits to be derived bythe property in such local improvement district from

Notice of such improvement. Before the approval of suchhearing onroll. roll a notice shall be published once a week for two

consecutive weeks in a newspaper of general cir-culation in such local improvement district, statingthat such roll is on file and open to inspection inthe office of the clerk of the water district commis-sion, and fixing the time not less than fifteen normore than thirty days from the date of the firstpublication of such notice within which protestsmust be filed with the secretary of said water dis-trict commission against any assessments shownthereon and fixing a time when a hearing shall be

Hearing on held by said commission on said protests. At suchroll.hearing, or any adjournment thereof, the waterdistrict commission shall have power to correct,revise, raise, lower, change or modify such roll, orany part thereof, and to set aside such roll and orderthat such assessment be made de novo, as to suchbody shall appear equitable and just and may thenby resolution approve the same, but in the event ofany assessment being raised a new notice similar

232 [CH. 114.

SESSION LAWS, 1929.

to such first notice shall be given, after which finalapproval of such roll may be made by the waterdistrict commission: Provided, That whenever anyproperty shall have been entered originally uponsuch roll and the assessment upon any such propertyshall not be raised, no objection thereto shall beconsidered by the water district commission or by Objections

to be inany court on appeal unless such objection be made writing.

in writing at, or prior, to the date fixed for theoriginal hearing upon such roll. Provided, That inthe event that any portion of the system after its in-stallation is not adequate for the purpose for whichit was intended, or that for any reason changes,alterations or betterments are necessary in anyportion of the system after its installation then a Enlarged

local un-

local improvement district with boundaries which rovement

may include one or more existing local improvementdistricts may be created in the water district in thesame manner as is provided herein for the creationof local improvement districts; that upon the organ-ization of such a local improvement district as pro-vided for in this paragraph the plan of the improve-ment and the payment of the cost of the improve-ment shall be carried out in the same manner as isprovided herein for the carrying out of and thepaying for the improvement in the local improve-ment districts previously provided for in this act.

SEC. 13. The decision of the water district com- Appeal tosuperior

mission upon any objections made within the time court.

and in the manner herein prescribed, may be re-viewed by the superior court upon an appeal theretotaken in the following manner. Such appeal shallbe made by filing written notice of appeal with thesecretary of said water district commission and withthe clerk of the superior court in the county in whichsuch water district is situated within ten days afterthe resolution confirming such assessment roll shallhave become published, and such notice shall de-

OH. 114.] 233

scribe the property and set forth the objections ofsuch appellant to such assessment; and within tendays from the filing of such notice of appeal withthe clerk of the superior court, the appellant shall

Transcript file with the clerk of said court, a transcript consist-on appeal.

ing of the assessment roll and his objections thereto,together with the resolution confirming such assess-ment roll and the record of the water district com-mission with reference to said assessment, whichtranscript, upon payment of the necessary feestherefor, shall be furnished by such secretary ofsaid water district commission and by him certifiedto contain full, true and correct copies of all mattersand proceedings required to be included in such

Fees, transcript. Such fees shall be the same as the feespayable to the county clerk for the preparation andcertification of transcripts on appeal to the supremecourt in civil actions. At the time of the filing ofthe notice of appeal with the clerk of the superior

Appeal court a sufficient bond in the penal sum of two hun-bond.

dred dollars, with at least two sureties, to be ap-proved by the judge of said court, conditioned toprosecute such appeal without delay, and if unsuc-cessful, to pay all costs to which the water district

Additional is put by reason of such appeal. The court maybonds.

order the appellant upon application therefor, toexecute and file such additional bond or bonds as thenecessity of the case may require. Within three (3)

Notice of days after such transcript is filed in the superiorfiling oftranscript. court, as aforesaid, the appellant shall give written

notice to the secretary of -such water district, that.such transcript is filed. Said notice shall state atime (not less than three (3) days from the serv-ice thereof) when the appellant will call up the saidcause for hearing; and the superior court shall, at.said time or at such further time as may be fixed by

Hearing, order of the court, hear and determine such appealpreference. without a jury; and such cause shall have preference

234 SESSION LAWS, 1929. [CH. 114.

SESSION LAWS, 1929.

over all civil causes pending in said court, except pro-ceedings under an act relating to eminent domain in.such water district and actions of forcible entry anddetainer. The judgment of the court shall confirm, Judgment

of court.correct, modify or annul the assessment in so far asthe same affects the property of the appellant. Acertified copy of the decision of the court shall befiled with the officer who shall have custody of theassessment roll, and he shall modify and correctsuch assessment roll in accordance with such deci- Appeal to

supreme,sion. An appeal shall lie to the supreme court from court.

the judgment of the superior court, as in other cases:Provided, however, That such appeal must be takenwithin fifteen (15) days after the date of the entryof the judgment of such superior court; and therecord and opening brief of the appellant in saidcause shall be filed in the supreme court within sixty(60) days after the appeal shall have been taken bynotice as provided in this act. The time for filingsuch record and serving and filing of briefs in thissection prescribed may be extended by order of thesuperior court, or by stipulation of the parties con-cerned. And the supreme court on such appeal maycorrect, change, modify, confirm or annul the assess-ment in so far as the same affects the property ofthe appellant. A certified copy of the order of thesupreme court upon such appeal shall be filed withthe officer having custody of such assessment roll,who shall thereupon modify and correct such assess-ment roll in accordance with such decision.

SEC. 14. Whenever any assessment roll for local Upon con-firmation,

improvements shall have been confirmed by the rou s

water district commission of such water district asherein provided, the regularity, validity and cor-rectness of the proceedings relating to such improve-ment, and to the assessment therefor, including theaction of the water district commission upon suchassessment roll and the confirmation thereof. shall

CH. 114.] 235

SESSION LAWS, 1929.

be conclusive in all things upon all parties, and can-not in any manner be contested or questioned in anyproceeding whatsoever by any person not filingwritten objections to such roll in the manner andwithin the time provided in this act, and not ap-pealing from the action of the water district com-mission in confirming such assessment roll in themanner and within the time in this act provided.

No contest. No proceedings of any kind shall be commenced orprosecuted for the purpose of defeating or contest-ing any such assessment, or the sale of any propertyto pay such assessment, or any certificate of delin-quency issued therefor, or the foreclosure of any lienissued therefor; Provided, That this section shallnot be construed as prohibiting the bringing of in-junction proceedings to prevent the sale of any realestate upon the grounds (1) that the property aboutto be sold does not appear upon the assessment roll,or (2) that said assessment had been paid.

SEC. 15. The territory adjoining or in closeAdjoining proximity to and in the same county with any waterterritoryannexed. district, after its organization, may be annexed to

and become a part of such water district in the fol-lowing manner: twenty-five per cent of the legalelectors residing within the territory proposed to

Petition. be annexed may petition the said water district com-missioners of such water district and cause the ques-tion to be submitted to the legal electors of the ter-ritory proposed to be annexed whether such terri-tory will be annexed and become a part of suchadjoining water district. Upon the filing of suchpetition with the board of water commissioners ofthe water district, if the said water commissionersshall concur in the said petition, they shall then file

Signatures. such petition with the county auditor, who shall,within tel days, examine the signatures thereof andcertify to the sufficiency or insufficiency thereof; andfor such purpose the county auditor shall have ac-

236 [CH. 114.

SESSION LAWS, 1929.

cess to all registration books in the possession ofthe officers of any incorporated city or town in suchproposed district. If such petition shall be found tocontain a sufficient nuiriber of signatures, the countyauditor shall transmit the same, together with hiscertificate of sufficiency attached thereto to the board Auditor's

of county commissioners of the county in which thesaid district is located. In the event that there areno legal electors residing in the territory proposedto be annexed, such petition may be signed by sucha number as appear of record to own at least amajority of the acreage in the proposed district, andthe petition shall disclose the total number of acresof land in the territory proposed to be annexed andshall also contain the names of all record owners ofland within the territory proposed to be annexed.Upon the filing of such petition for annexation withthe board of water commissioners of the said waterdistrict, if the said water commissioners shall besatisfied as to the sufficiency of the petition and shallconcur in the said petition, they shall thereupon Petition to

be trans-transmit the petition, together with their certificate mitted tocounty corn-

of concurrence attached thereto to the board of missioners.

county commissioners of the county in which thewater district is located. The board of county com-missioners of such county, upon receipt from thecounty auditor of a petition certified to contain asufficient number of signatures of legal electors, orupon a receipt from the board of commissioners ofthe water district of a petition signed by such anumber as own at least a majority of the acreage,together with a certificate of concurrence signed bythe board of water commissioners, at a regular orspecial meeting of the board of county commis-sioners of such county shall cause to be published Notice of

filing offor at least two weeks in two successive issues of Petition and

some weekly newspaper printed and published insaid county and in general circulation throughout

On. 114.] 237

SESSION LAWS, 1929.

the territory proposed to be annexed, and in caseno such newspaper be printed or published in suchcounty, then in some such newspaper of general cir-culation therein, a notice that such a petition hasbeen presented and stating the time of the meeting

Hearing. at which the same shall be presented. When suchpetition is presented for hearing, the said board ofcounty commissioners shall hear the same or mayadjourn said hearing from time to time not exceed-ing one month in all, and any person, firm or cor-poration may appear before the board of countycommissioners and make objections to the proposedboundary lines or to the annexation of the territorydescribed in the petition; and upon a final hearing

bhario. the said board of county commissioners shall makesuch changes in the proposed boundary lines as theydeem to be proper and shall establish and define suchboundaries and shall find whether the proposed an-nexation of the said territory as established by thesaid board of county commissioners to the saidwater district will be conducive to the public health,welfare and convenience and will be of special bene-fit to the majority of the land included within theboundaries of the territory proposed to be annexedto the said water district and so established by the

No withsaid board of county commissioners: Provided, Thatdrawal ofnames. no change shall be made by the said board of county

commissioners in the said boundary lines, includingany territory outside of the boundary lines de-scribed in the petition; Provided further, That noperson having signed such petition as herein pro-vided for shall be allowed to withdraw his nametherefrom after the filing of the same with the boardof water commissioners to said water district.

Upon the entry of the findings of the final hear-ing to the said petition by the said county commis-sioners of such county, if they find the said pro-posed annexation of the territory to the said water

238 ECK. 114.

SESSION LAWS, 1929.

district to be conducive to the public health, welfareand convenience and to be of special benefit to themajority of the land proposed to be annexed and Cquneom-

to give noticeincluded within the boundaries of the district, they of spe"cial

shall give notice of a special election to be held election.

within the boundaries of the territory proposed tobe annexed to said water district for the purpose ofdetermining whether the same shall be annexed to Contents.

the said water district; and such notice shall par-ticularly describe the boundaries established by theboard of county commissioners on its final hearingof the said petition, and shall state the niame of thewater district to which the said territory is pro-posed to be annexed, and the same shall be published Published.

for at least two weeks prior to such election in aweekly newspaper printed and published within thecounty within which said district is located, and incase no such newspaper be printed or published insuch county, then in some such newspaper of gen-eral circulation therein for two successive issuesthereof, and shall be posted for the same period inat least four public places within the boundaries ofthe district proposed to be annexed, which noticeshall designate the places within the territory pro-posed to be annexed to said water district where thesaid election shall be held, and shall require thevoters to cast ballots which shall contain the words:

For annexation to Water District Ballots.

orAgainst Annexation to Water District.

The said county commissioners shall name the per-sons to act as judges at such election.

SEC. 16. The said election shall be held on the Election.

date designated in such notice and shall be conductedin accordance with the general election laws of thestate. In the event the original petition for annex-ation is signed by qualified electors then only qual-

OH. 114.] 239

SESSION LAWS, 1929.

ified electors, at the date of election, residing in theterritory proposed to be annexed, shall be permittedto vote at the said election. In the event the original

Qualification petition for annexation is signed by property own-of electors.

ers as provided for in this act then no person shallbe entitled to vote at such election unless at the timeof the filing of the original petition he owned land inthe district of record and in addition thereto at thedate of election shall be a qualified elector of thecounty in which such district is located. It shall be

Auditor to the duty of the county auditor, upon request of thecertif. county commissioners, to certify to the election of-

ficers of any such election, the names of all personsowning land in the district at the date of the filingof the original petition as shown by the records ofhis office; and at any such election the election of-ficers may require any such land owner offering tovote to take an oath that he is a qualified elector of

Corporation the county before he shall be allowed to vote; Pro-propertyowner. vided, That at any election held under the provisions

of this act an officer or agent of any corporationhaving its principal place of business in said countyand owning land at the date of filing the originalpetition in the district duly authorized thereto inwriting may cast a vote on behalf of such corpora-tion. When so voting he shall file with the electionofficers such a written instrument of his authority.

Election The judge or judges at such election shall makereturn thereof to the board of water commissioners,

canvass. who shall canvass such return and cause a state-ment of the result of such election to be entered onthe record of such commissioners. If the majorityof the votes cast upon the question of such electionshall be for annexation, then such territory shallimmediately be and become annexed to such waterdistrict and the same shall then forthwith be a partof the said water district, the same as though origin-ally included in such district.

240 [Cii. 114.

SESSION LAWS, 1929.

SEC. 17. That all elections held pursuant to this County

act, whether general or special, shall be conducted oard to

by the county election board of the county in which elections.

the district is located.The expense of all such elections shall be paid Expense.

for out of the funds of such water district.SEC. 18. The board of water commissioners are General

hereby authorized to levy, or cause to be levied, tax levy.

to carry out the purposes of this act in addition tothe levy mentioned in section 11 of this act a generaltax on all property located in said water districteach year not to exceed two mills on the assessedvaluation of the property in such water district.Said taxes when so levied shall be certified to theproper county official for the collection of the sameas other general taxes. When such money is col-lected it shall be placed in a separate fund to beknown as the "Water District Fund" and paid out "Water Dis-

trict Fund."on warrants issued on the board of water commis-sioners for the purposes specified in this act.

SEc. 19. Each and every water district that may Indebted-ness,

hereafter be organized pursuant to this act is hereby limitation.

authorized and empowered by and through its boardof water commissioners to contract indebtedness forwater purposes, and the maintenance thereof notexceeding one per cent of the taxable property insuch water district to be ascertained by the last as-sessment for state and county purposes previous toand the incurring of such indebtedness.

SEc. 20. Each and every water district here- Additionalindebted-

after to be organized pursuant to this act, may con- ness.

tract indebtedness in excess of the amount namedin the preceding section, but not exceeding inamount, together with existing indebtedness, five (5)per centum of the value of the taxable property insaid district, to be ascertained as provided in thepreceding section, whenever three-fifths (3/5) of thevoters voting at said election in such water district

OH. 114.] 241

SESSION LAWS, 1929.

Ar al of assent thereto, at an election to be held in saidelection. water district in the manner provided by this act,

which election may either be a special or a generalelection, and the board of water commissioners arehereby authorized and empowered to submit thequestion of incurring such indebtedness, and issuingnegotiable bonds of such water district to the qual-ified voters of such water district at any time theymay so order: Provided, That all bonds so to beissued shall be subject to the provisions regardingbonds as set out in section 11 of this act.

SEc. 21. The board of water commissionersBoard to shall have authority to create and fill such positionscreate andfl positions and fix salaries and bonds thereof as it may by res-and fixsalaries. olution provide. All materials purchased and work

ordered, the estimated cost of which is in excess ofMaterials one thousand dollars shall be let by contract; butand work bycontract. before awarding any such contract the board of

water commissioners shall cause to be published insome newspaper in general circulation throughoutthe county where the district is located at least onceten days before the letting of such contract, inviting

Bids called. sealed proposals for such work, plans and specifica-tions which must at the time of publication of such

Notice notice be on file in the office of the board of waterpublished.

commissioners subject to public inspection. Suchnotice shall state generally the work to be done andshall call for proposals for doing the same to besealed and filed with the board of water commis-sioners on or before the day and hour named there-

Bidspaced in. Each bid shall be accompanied by a certifiedby certified check payable to the order of the county treasurer

for a sum not less than five per cent of the amount ofthe bid and no bid shall be considered unless accom-panied by such check. At the time and place named

Bids such bids shall be publicly opened and read and theopened.board of water commissioners shall proceed to can--vass the bids and may let such contract to the lowest

242 [Ca. 114.

SESSION LAWS, 1929.

responsible bidder upon plans and specifications onfile or to the best bidder submitting his own plansand specifications; Provided, however, That no con-tract shall be let in excess of the cost of said ma-terials or work, or if in the opinion of the board ofwater commissioners all bids are unsatisfactorythey may reject all of them and re-advertise and in Bard may

such case all checks shall be returned to the bidders; re-advertise.

but if such contract be let, then and in such caseall checks shall be returned to the bidders, exceptthat of the successful bidder, which shall be re-tained until a contract shall be entered into for thepurchase of such materials or doing such work, anda bond to perform such work furnished with suretiessatisfactory to the board of water commissionersin the full amount of the contract price between thebidder and the commission in accordance with thebid. If said bidder fails to enter into said contractin accordance with said bid and furnish such bond Checkforfeited.within ten days from the date at which he is notifiedthat he is the successful bidder, the said check andthe amount thereof shall be forfeited to the waterdistrict.

SEC. 22. The coupons hereinbefore mentioned Interestcoupons.

for the payment of interest on said bonds shall beconsidered for all purposes as warrants drawn uponthe general fund of the said water district issuingsuch bonds, and when presented to the treasurer ofthe county having custody of the funds of suchwater district at maturity, or thereafter, and whenso presented, if there are not funds in the treasuryto pay the said coupons, it shall be the duty of thecounty treasurer to endorse said coupons as pre- Not paid for

want ofsented for payment, in the same manner as county fundsoto bestamped.warrants are indorsed, and thereafter said coupons

shall bear interest at the same rate as the bond towhich it was attached.

SEC. 23. The county treasurer shall create afund to be known as the " ..... Water District

CH. 114.] 243

SESSION LAWS, 1929.

Monies of Fund" into which shall be paid all money receivedwater dis- ud' adrcietrict fund. by him from the collection of taxes in behalf of such

water district, and no money shall be disbursedSpecial therefrom except upon warrants of the county au-funds.

ditor as in this act provided. The county treasurershall also maintain such other special funds as maybe prescribed by the water district, into which shallbe placed such moneys as the board of water com-missioners may by its resolution direct, and fromwhich disbursements shall be made upon properwarrants of the county auditor issued against thesame by authority of the board of water commis-sioners.

SEc. 24. This act shall not be construed to re-Act addi- peal, amend, or modify any law heretofore enactedtionalmethod to providing a method for water supply for any city orother acts. town in this state, but shall be held to be an ad-

ditional and concurrent method providing for suchDoes not purpose. Nor shall this act be construed to repealrepeal Chap.161, Laws chapter 161 of the Laws of 1913, pages 533 to 552,of 1913.

or amendments thereto.

SEc. 25. Any water district organized underlisincor- this act may be disincorporated in the same mannerporation.

(in so far as the same is applicable) as is providedin sections 8914 to 8931 inclusive of Remington'sCompiled Statutes for the disincorporation of thethird and fourth class cities, except that the petitionfor disincorporation shall be signed by not less than25 per cent of the voters in the' water district.

SEc. 26. If any section or provision of this actUnconstitu- shall be adjudged to be invalid or unconstitutional,tional sec-tions or uhaddprovisions. such adjudication shall not affect the validity of the

act as a whole or any section, provision, or partthereof not adjudged invalid or unconstitutional.

SEC. 27. Any water district now organized un-Vetoed. der any previous act may use this act as if organized

under this act.

244 [Ca. 114.

SESSION LAWS, 1929.

SEC. 28. That each and all of the respective'areas of land heretofore attempted to be organizedinto water districts under the provisions of thestatutes referred to in the title hereof relating tosuch organization of water districts, are each herebyvalidated and declared to be duly existing waterdistricts having the respective boundaries set forthin their respective organization proceedings asshown by the files in the office of the board of countycommissioners of the county in question.

SEC. 29. All debts, contracts and obligationsheretofore made or incurred by or in favor of anysuch water district, and all bonds or other obliga-tions executed by such districts in connection withor in pursuance of such attempted organization, andany and all assessments or levies and all other Vetoed.

things and proceedings done or taken by such waterdistricts or by their respective officers acting undersuch attempted organization, are hereby declaredlegal and valid and of full force and effect. Pro-vided, however, That the provisions of this sectionand the preceding section shall not apply to anywater district which has been expressly decreed tobe void- by the decision of the supreme court of theState of Washington in a proceeding in which suchwater district was a party. And provided, further,That the provisions of this section and the preced-ing section shall apply only to such water districtsattempted to be organized which have maintainedtheir organization as such since the date of suchattempted organization, establishment or creation.J

SEC. 30. That this act is necessary for the im_ Effective im

mediate preservation of the public health and shalltake effect immediately.

Passed the House February 19, 1929.Passed the Senate March 2, 1929.Approved by the Governor with the exception

of sections 11, 27, 28 and 29, which are vetoed, March13, 1929.

OH. 114.] 245

SESSION LAWS, 1929.

CHAPTER 115.[H. B. 140.]

EXECUTIVE DEPARTMENTS AND OFFICERS OF STATE.

AN ACT relating to, and to promote efficiency, order and economyin, the administration of the government of the state, pre-scribing the powers and duties of certain officers and depart-ments, creating the department of highways and the office ofdirector of highways, and amending Sections 2, 3, 4 and 7of Chapter 7 of the Laws of 1921, and declaring that this actshall take effect immediately.


Amends SECTION 1. That section 2 of chapter 7 of the§ 2 Chap. 7,Laws 1921. Laws of 1921 be amended to read as follows:

Section 2. There shall be, and are herebyDepartments created, departments of the state government whichcreated-public works, shall be known respectively as, (1) the departmentbusinesscontrol, of public works, (2) the department of businessefficiency,

conservation control, (3) the department of efficiency, (4) the de-an dent, partment of health, (5) the department of conserva-labor and dvlpet , dprmnindustries, tion and development, (6) the department of laboragriculture,licenses, and industries, (7) the department of agriculture,fisheries andgame, (8) the department of licenses, (9) the department

of fisheries and game, and (10) the department ofhighways; which departments shall be chargedrespectively with the execution, enforcement, andadministration of such laws, and invested with suchpowers and required to perform such duties, as thelegislature may provide.

Amends SEC. 2. That section 3 of chapter 7 of the Laws! 3 Chap. 7,Laws 1921. of 1921 be amended to read as follows:Director of- Section 3. There shall be a chief executive of-public works,business ficer of each of the departments of the state govern-control,enicencyn ment created by this act, to be known respectivelyservation anddevelopment, as, (1) the director of public works, (2) the directorlabor and ~bsns cnrl fiinyindustries, of business control, (3) the director of effeiency,gienutre, (4) the director of health, (5) the director of con-

fisheries andgame, servation and development, (6) the director of laborhighways.

[Cia. 115.246

SESSION LAWS, 1929.

and industries, (7) the director of agriculture, (8)the director of licenses, (9) the director of fisheriesand game, and (10) the director of highways; who Appoint-

ment.shall be appointed by the governor with the consent Senateof the senate, and hold office at the pleasure of the consent.

governor: Provided, That, if the senate be not insession when this act takes effect, and in case avacancy occurs while the senate is not in session, thegovernor shall make a temporary appointment untilthe next meeting of the senate, when he shall presentto the senate his nomination for the office.

SEC. 3. That section 4 of chapter 7 of the Laws Amends§ 4 Chap. 7,

of 1921 be amended to read as follows: Laws 1921.

Section 4. There shall be, and are hereby Administra-

created, administrative committees of the state itteesm-finance,

government, which shall be known respectively as, capitolDarks, vot-

(1) the state finance committee, (2) the state capitol ing machine,law library.committee, (3) the state parks committee, (4) thestate voting machine committee, (5) the state lawlibrary committee.

SEC. 4. That section 7 of chapter 7 of the Laws Amends§ 7 Chap. 7,


Section 7. The director of highways shall have Powers andduties ofthe power, and it shall be his duty, to exercise all the director of

powers and perform all the duties now vested in, highways.

and required to be performed by, the state highwaycommittee. The director of highways shall have thepower, and it shall be his duty, to exercise all thepowers and perform all the duties now vested in, andrequired to be performed by, the state highway en-gineer. Provided, The director of highways need Qualiica-

not be an engineer; and Provided, further, All con- way Ionbycontracts,tracts for highway construction shall be signed by signatures

the director of highways and by the governor. to.

SEc. 5. The state auditor shall have the powerand it shall be his duty to inspect, examine and auditthe books, accounts and records of the departmentof highways as often as he shall deem proper.

Ou. 115.] 247

SEC. 6. This act is necessary for the immediateEffective im- Support of the state government and its existingmediately.


Passed the House March 13, 1929.Passed the Senate March 7, 1929.Approved by the Governor with the exception of

section 5, which is vetoed, March 19, 1929.

CHAPTER 116.[S. B. 159.]

PRIMARY STATE HIGHWAY NO. 21 TO KEYPORT.

AN ACT changing and establishing state road No. 21 as a primarystate highway and extending the same by a branch fromjunction therewith to Keyport, Kitsap County.


SECTION 1. That state road No. 21 be and ishereby established as a primary state highway, andthe same is extended by branch from junction there-with, by the most feasible route, to Keyport, in Kit-sap county, Washington.


248 SESSION LAWS, 1929. [CH. 116.

SESSION LAWS, 1929.

CHAPTER 117.[S. B. 199.]

STATE FOREST BOARD.

AN ACT relating to state forests, defining the powers and dutiesof the state forest board and other state officials in respectthereto, creating a forest development fund, providing forrevenue therefor and disbursements therefrom, and amend-ing Sections 3 and 6 of Chapter 154 of the Laws of 1923..


SECTION 1. That section 3 of chapter 154 of the Amends§ 3 Chap. 154,

Laws of 1923, be amended to read as follows: Laws 1923.

Section 3. The board shall have the power to Powers.accept gifts and bequests of money or other prop-erty, made in its own name, or made in the name ofthe state, to promote generally the interests of re-forestation or for a specific named purpose in con-nection with reforestation, and to acquire in thename of the state, by purchase or gift, any landswhich by reason of their location, topography orgeological formation, are chiefly valuable for pur-pose of developing and growing timber, and to des-ignate such lands and any lands of the same char-acter belonging to the state as state forest lands; and state forest

landsmay acquire by gift or purchase any lands of the designated.

same character. Said board shall have power toseed, plant and develop forests on any lands, pur-chased, acquired or designated by it as state forestlands, and shall furnish such care and fire protectionfor such lands as it shall deem advisable.

SEc. 2. That section 6 of chapter 154 of theLaws of 1923, be amended to read as follows:

Section 6. There is hereby created a forest de-velopment fund of which the state treasurer shall be - Vetoed.

the custodian. There shall be placed in said fundsuch sums as may be provided by law and all moneysreceived by the state forest board or the State of

CHi. 117.] 249

SESSION LAWS, 1929.

Washington to generally promote the interest of re-forestation or for a specific purpose in connectionwith reforestation, and.the proceeds from the saleof any property so received shall be paid into saidfund and shall be expended for the purpose forwhich given, and if no specific purpose is designatedshall be used generally to promote the interest ofreforestation. The state treasurer shall keep ana'ccount on his records of said fund and of all sumsdeposited therein and expended or withdrawn there-

Vetoed. from. Any sums placed in said forest developmentfund shall be kept separate and apart from thefunds of the state treasury, and shall not be deemedto be a part of the state treasury funds, but shall beused for the purpose of paying interest and principalon the bonds issued by the state forest board, andfor the purchase of, caring for, maintaining andadministering lands for forest growing purposes.No sums shall be withdrawn or paid out of said fundexcept upon order of said state forest board.

Passed the Senate February 14, 1929.

Passed the House February 27, 1929.Approved by the Governor except section 2 which

is vetoed March 11, 1929.

250 [CKr. 117.

SESSION LAWS, 1929.

CHAPTER 118.[H. B. 134.]

MILITARY TAX LEVY.

AN ACT relating to a tax levy for the military department ofthe State of Washington, and repealing Section 126 of Chap-ter 107 of the Laws of 1917 (Section 8602, Remington's Com-piled Statutes; Section 3765-147 Pierce's Code), and declaringthat this act shall take effect April 1, 1929.


SECTION 1. That section 126 of chapter 107 of Rpa

the Laws of 1917 (section 8602, Remington's Com- 376Stat.piled Statutes; section 3765-147 Pierce's Code), be odre's

and the same is hereby repealed; Provided, Thatthis repeal shall not be construed as reviving anyformer act amended or repealed thereby.

SEC. 2. All moneys in the state treasury to the Monies inmilitary

credit of the military fund on the 1st day of May, fund trans-ferred to

1929, and all moneys thereafter paid into the state generalfund.treasury for, or to the credit of, the military fund,shall be and are hereby transferred to, and placedin, the general fund in the state treasury. -

SEC. 3. From and after the 1st day of April, Appropria-

1929, all appropriations made by the twenty-first fur mp arYlegislature from the military fund shall be paid out fu.general

of the moneys in the general fund.SEC. 4. This act is necessary for the immediate Effective

support of the state government and its existing April 1, 1929.

public institutions and shall take effect April 1, 1929.Passed the House February 5, 1929.Passed the Senate March 5, 1929.Approved by the Governor March 20, 1929.

CH. 1181] 251

SESSION LAWS, 1929.


FRANCHISES BY COUNTY COMMISSIONERS.

AN ACT relating to the granting of franchises by boards ofcounty commissioners, and amending Section 1 of Chapter106 of the Laws of 1905.


SECTION 1. That section 1 of chapter 106 of theAmends Laws of 1905, pages 210 to 211, (section 6431 of§ 6431 Rem.Comp. Stat. Remington's Compiled Statutes) be amended to

read as follows:Section 1. The county commissioners of the

Franchises several counties in the State of Washington arefor use ofcounty roads hereby authorized and empowered to grant fran-by telephone

grne line, chises to persons or corporations to use the countyelectric light roads and streets in their several counties outside

of the incorporated towns and cities for the con-struction and maintenance of waterworks, gaspipes,telephone, telegraph and electric light lines andsewers: Provided, That hereafter on application

Hearing, being made to the board of county commissionersnotice of for any such franchise, the board shall fix a time and

place for hearing the same, and shall cause thecounty auditor to give public notice thereof at theexpense of the applicant, by posting written orprinted notices in three public places in the countyseat of the county and in at least one conspicuousplace on the roads or streets or parts thereof forwhich application is made, at least fifteen (15) daysbefore the day fixed for such hearing, and by pub-lishing a like notice three (3) times in some dailynewspaper published in the county, or if no dailynewspaper is published in the county, then the news-paper doing the county printing, the last publica-tion to be at least five (5) days before the day fixedfor such hearing, which notice shall state the name

252 [C11. 119


or names of the applicant or applicants, a descrip-tion of the roads or streets or parts thereof forwhich the application is made, and the time andplace fixed for the hearing. Such hearing may beadjourned from time to time by the order of the Hearing

adjourned.board. If, after such hearing, the board shall deemit to be for the public interest to grant such fran-chise in whole or in part, the board may make andenter the proper order granting the franchise ap- Franchise

plied for or such part thereof as the board deems granted.

to be for the public interest, and may require anysuch utility and its appurtenances to be placed insuch location on or along the roads or streets as theboard finds will cause the least interference withother uses of the roads or streets. Any person orcorporation constructing or operating such utility Operators

of utilityon or along such county road or county street shall liable for

expense ofbe liable to the county for all necessary expense in- restoring

road.curred in restoring such county road or countystreet to a suitable condition for travel. This actshall be construed as an addition to existing lawsand shall not limit powers or rights which may beexercised under existing laws: Provided, That no Fifty years

limit offranchise shall be granted for a period of longer franchise.

than fifty years; Provided further, no. exclusive No exclusivefranchise.

franchise or privilege shall be granted.Passed the House February 15, 1929.Passed the Senate March 7, 1929.Approved by the Governor March 20, 1929.

CH. 119]

SESSION LAWS, 1929.

CHAPTER 120.[H. B. 181.]

REFUNDING BONDS OF IRRIGATION DISTRICTS.

AN ACT providing for limited liability refunding bonds of irriga-tion districts and for the payment thereof by the exactionof assessments against the lands within the district, provid-ing for a determination of the irrigable acreage to be as-sessed for said purpose and providing for the determinationof maximum benefits received by said respective lands fromsuch bonds.


SECTION 1. Any or all bonds heretofore issuedAuthorized by any irrigation district in this state may be re-

funded as hereinafter provided.SEC. 2. Before any proposition for the issuance

Before elec- of limited liability refunding bonds, as providedtion, boardmay submit for in this act, of an irrigation district in this statefixation of

acreage and shall be submitted to the electors thereof, the boardbenemintsto of directors of said district shall at their option havecourft.tcourt. authority, upon the written consent of the holders

of at least 517o of the face value of the bonds pro-posed to be refunded, and upon the written ap-proval of the state department of conservation anddevelopment, and of the owners of 51' of the acre-age of the land within the district, to institute pro-ceedings in the superior court of the proper countyto determine the irrigable acreage of the lands whichshall be subject to assessment for the payment ofsaid refunding bonds and the interest thereon, andto determine the maximum benefits to be received bysaid lands from said proposed refunding bonds, inthe manner herein provided.

SEC. 3. The said board of directors shall in-Petition to stitute such proceedings by filing a petition in thebe filed.

superior court of the county in which the greaterpart of the lands in the district are situated. Said

254. [CH. 120

SESSION LAWS, 1929.

petition shall give the name of the district, shall set Contents.

out the nature of its water rights and the generalcharacter of its irrigation works and distributionsystem, shall state the amount, maturity schedule ofminimum annual installments of principal andmaximum interest rate of the proposed refundingbonds, shall state the approximate irrigable acre-age in the district and the probable approximateaggregate annual income therefrom during the lifeof the proposed refunding bonds, shall recite thatthe required consent of the holders of the bonds tobe refunded has been obtained and shall state suchother matter, if any, the said board of directors maydeem pertinent to the proceedings, shall pray forthe determination of the irrigable acreage and ofthe maximum benefits aforesaid and shall be signedand verified by the president of the said board ofdirectors.

SEC. 4. There shall accompany said petition as Schedule ofmaximum

an exhibit thereto a schedule of maximum benefits benefits tobe exhibit

and of irrigable acreage for all the respective lands to petition.

in the district. Such schedule shall contain in ap-propriate columns the name of the person to whom Contents.

such tract of real property was assessed and thedescription of said property according to the districtassessment roll last equalized, in a third column withappropriate heading shall be specified after eachsaid description of land the maximum benefit tobe received from the proposed refunding bond issueand in another appropriately specified column shallbe stated after each tract the irrigable acreagethereof which will be assessed for payment of theproposed refunding bonds. Said schedule shall besigned by the secretary of the district.

SEc. 5. Upon the filing of said petition with the Time andplace for

schedule of irrigable acreage and maximum benefits, courthearing.

the court shall fix a time and place for hearing thesame and shall order the secretary of the district to

CH. 120] 255

give and publish a notice of said hearing. Said hear-ing may be held at the place fixed in the order andmay be adjourned to a place certain in any countyin which any lands within the district are situated,and may be continued from time to time and ad-journed from county to county for the convenienceof land-owners and other interested persons.

SEC. 6. The notice of said hearing shall be givenNotice and published in the same manner, except as hereingiven.

otherwise provided, and for the same length of timethat a notice of a special election to determinewhether the bonds of the district shall be issued isrequired to be given and published.

SEC. 7. Said notice shall state that the districtContents of (naming it) proposes to issue and dispose of a re-

funding bond issue specifying the amount; thatproceedings have been instituted in the superiorcourt of the State of Washington in and for thespecified county to determine the maximum benefitsto be received by the lands within the operation ofsaid district from the issuance and disposal of saidproposed bond issue, and further to determine theirrigable acreage which will be assessed for the pay-ment of said bonds, shall state that a schedule ofthe lands involved together with a statement of theamount of maximum benefits received by the amountof irrigable acreage in each respectively, is on filein said proceedings and may be inspected by anyinterested person, shall state the time and placefixed for the hearing of the petition and shall statethat any person interested in such proceedings mayon or before the day fixed for said hearing file hiswritten objections thereto with the clerk of saidcourt, or he will be forever bound by such ordersas the court shall make in such proceedings.

SEC. 8. At the time and place stated in the noticeHearing to of said hearing, the court shall consider said peti-considerpetition. tion and shall receive such pertinent evidence as

256 SESSION LAWS, 1929. [CH. 120

SESSION LAWS, 1929.

may be offered in support thereof or against the Decree todetermine

same, shall enter a decree fully determining the "m"'maximum benefits received by and the irrigable cre

acreage in, the several tracts of land involved asshown by the schedule and as prayed for in saidpetition. Said action shall be an equitable one inrem and the court shall have full authority to makeand issue any and all necessary orders and to doany and all things proper or incidental to the exer-cise of its jurisdiction in this connection. At saidhearing the matters set forth in said petition andaccompanying schedule shall be presumed to be trueand correct in the absence of sufficient evidence tothe contrary.

SEC. 9. The maximum benefits accruing to the Effect ofmaximum

several tracts of land in the district from the pro- benefits.

posed refunding bond issue shall be considered asnew and independent of that accruing from thebonds to be refunded and in determining the max-imum benefits as prayed for in said petition, thecourt shall not be limited to a consideration of theenhancement of market value of the lands involved Elements

arising immediately from the issuance and disposal consider.

of the proposed refunding bonds but shall have au-thority to consider such benefits as shall accrueto said lands from the plan of financing providedby the proposed bonds and from the continued oper-ation of the irrigation system under the administra-tion of the district during the life of said refundingbonds and any other benefits that may accrue. If Proceedings

dismissed

the court finds that the aggregate amount of said ndess maouit-imzc~oi mumbenefitsmaximum benefits shall not equal at least 150o of is, t nleast

the amount of the proposed refunding bonds with 'nootofproposed

the maximum rate of interest provided by law, it bonds.

shall enter a decree dismissing the proceedings andthe district shall have no authority to issue the pro-posed refunding bonds until a satisfactory decreehas been obtained under the provisions of this act.

-9

CH. 120] 257

anoma Provided, That nothing herein contained shall beto meetcourt's construed to prevent the district from continuingobjection, the hearing for the purpose of modifying the pro-

posed refunding bond plan or for the purpose ofotherwise meeting the objection of the court, norshall the dismissal of the proceeding be in anywiseprejudicial to the institution of a subsequent actionfor the same purpose; And provided further, That

Decree based nothing herein contained shall be construed to pre-on stipula-

ofers. - vent the courtfrom entering a decree upon stipula-tion of the holders of the bonds to be refunded towaive their right to part of the indebtedness rep-resented by the bonds to be refunded, so that theproposed refunding bond issue come within the stat-utory requirements as to maximum benefits, or toaccept refunding bonds based on a lesser aggregatemaximum benefit than that required by the statute.

SEC. 10. In determining the irrigable acreageElements as provided herein, the court shall consider all landsconsideredin determin- included in the district capable of being used foring irrigableacreage. agricultural purposes, provided that no lands shall

be found to be irrigable which are not irrigablefrom the plan of the irrigation works of the district;and provided that nothing herein contained shall beconstrued to prevent a reconsideration of the ir-rigability of lands found non-irrigable upon themodification or enlargement of the irrigation systemwhereby said lands at first found non-irrigable maybe irrigated by the district system.

SEC. 11. Appeal may be taken to the supremeAppeal to court from the judgment entered in said proceedingssupremecourt, in the same manner as in other cases in equity.

Notice of appeal need be served only on the personsNotice who have appeared in said proceedings and on theserved. president of the board of directors if the district

is respondent, or on their respective attorneys ofrecord in the proceedings.


SESSION LAWS, 1929.

SEC. 12. The judgment of the court determining ugment

maximum benefits and the irrigable acreage in such ueo

proceedings, unless appealed from within the time owners.

prescribed by law, and upon final judgment on ap-peal, shall be conclusive, except as herein otherwiseprovided, upon and against each and every ownerof said bonds issued as proposed and upon andagainst every tract of land in the district, upon andagainst those owning the same or having any in-terest therein, including minors, insane persons,those convicted of crime as well as those free fromdisability, and upon and against those who may haveappeared in said proceedings.

SEC. 13. Said judgment shall be final and con- Judgmentconclusive

clusive upon and against all lands in the district on againstlands.

appeal as aforesaid, except as to the particular tractor tracts involved in the appeal.

SEC. 14. A transcript of so much of the judg- TranscriptSofjudgment

ment in said proceedings as pertain to the lands filed inother

situated in each county other than the one in which counties.

the proceedings were instituted shall be certifiedby the clerk of the court and mailed to the countyclerk of each of said other counties respectively forrecord among the recorded judgments therein.

SEC. 15. Upon final determination of maximum Question tobe submitted

benefits and irrigable acreage aforesaid, the board to electors.

of directors of the district shall submit to the elec-tors of the district possessing the qualifications pre-scribed by the irrigation district law the questionwhether refunding bonds of the district in amountand of the maturity proposed by said board shall beissued and exchanged for outstanding bonds as here-in provided.

SEC. 16. Except as herein otherwise specifically Manner ofcalling,

provided said election shall be called, noticed, con- conductingand noticing

ducted and the results thereof determined in the election.

same manner and by the same officials as that pro-vided by law for the calling, noticing, conducting

CH. 1201 259

and canvassing of original bond elections in irri-gated districts.

SEC. 17. The notice of said election shall specifyContents of the time and place of the election, the amount of theelectionnotice. proposed refunding bonds, the maturity, the sched-

ule of the minimum annual payments of the prin-cipal thereof and the maximum annual rate of inter-est said bonds shall bear, as approved by the courtin the decree determining maximum benefits andirrigable acreage.

SEC. 18. If a majority of the votes cast at saidIf majority election are in favor of the proposed refunding is-of electorsfavor, sue the board of directors shall thereupon have au-ref unding

ben s may thority to cause refunding bonds of the district inthe amount and on the basis of the plan of paymentand rate of interest proposed, to be issued and ex-changed as herein provided.

SEc. 19. Refunding bonds provided for underExchange this act may be exchanged for any or all of the bondsof bonds.

to be refunded on such basis as may be agreed uponbetween the board of directors of the district andthe bondholders; Provided, That said refundingbonds shall not be issued in a greater sum than thetotal aggregate face value of the bonds to be re-funded.

SEC. 20. Said refunding bonds shall be issued inDenomina- such denominations as the board shall determinetion ofbonds. but in the same denominations so far as practicable

as the bonds to be refunded and shall mature at thedatity date specified in the notice of election but not in any

event later than thirty years from the date thereofAnnual and shall be payable in minimum annual install-installments.

ments specified on a percentage basis and amortizedto provide for full payment of the bonds with in-terest at maturity; Provided, That the district shallhave the right in any year to pay a greater amounton account of the principal of said bonds than the


SESSION LAWS, 1929.

minimum annual installment set out in the scheduleof annual payments and to receive credit therefor.

SEC. 21. All unpaid installments on account of Interst

the principal of said refunding bonds shall bear in- ceed 6%

terest from the date of the bonds at a rate not ex-ceeding 6% per annum until paid. Different install-ments of the principal of said bonds may bear dif-ferent rates of interest not exceeding 6% per an-num in any case if it is so provided in the bond plan. Interest

payableInterest shall be payable semi-annually on the first seni-ay

day of January and July of each year.SEC. 22. Both principal and interest shall be Payable at

office ofmade payable at the office of the county treasurer county

treasurer.of the county in which the office of the board ofdirectors of the district is situated.

SEC. 23. Said bonds shall express upon their Bonds toexpress

face that they were issued by authority of this act, aurt orityfo ssue.stating its title and date of approval, that the dis-trict reserves the right to pay on account of theprincipal thereof annual installments at a greaterrate than the minimum rate stated in the bonds,that said bonds are transferable only on the regis- Othercontents.tration book of the county treasurer's office at whichsaid bonds are payable; that any attempted transferof said bonds not recorded in said registration bookshall be void so far as the rights of the district areconcerned and that said bonds are of equal priority,payable with interest on a pro rata basis from rev-enues derived from annual assessments leviedagainst the irrigable benefited lands within the dis-trict.

SEC. 24. Said bonds shall provide for registra- Registration.

tion as to both principal and interest in the countytreasurer's office at which they are payable, shallbe signed by the president of the board and secre-tary of the district and the seal of the district shallbe impressed thereon.

CiH. 120] 261

SESSION LAWS, 1929.

SEC. 25. The county treasurer shall registerRegister said bonds before the issuance thereof in a bookbook.

kept in his office for that purpose, shall specify insuch record the denomination, maturity date, sched-ule of installments of principal, interest rate orrates, and the name and address of the owner of eachof said bonds and shall certify on each thereof underhis seal that the same has been so registered.

SEc. 26. Said bonds shall be transferable onlyTransferable on the registration book of the county treasurer'sonly onregistration office at which the same are payable and any at-book.

tempted transfer of said bonds not recorded in saidregistration book shall be void so far as the rightsof the district are concerned.

SEC. 27. No transfer of any bond shall be com-Transfer to plete unless said county treasurer shall endorseshow date,etc. thereon the date of transfer, the name and address

of the transferee and the amount of the principal ofsaid bond remaining unpaid at the date of saidtransfer.

SEc. 28. Said bonds shall be of equal priorityPriority and shall be paid on a pro rata basis, in proportionrata to their respective face values, Provided, That for

purposes of identification only said bonds may benumbered consecutively.

SEC. 29. Payment by the said county treasurerPayment to of any installment of or interest on said bonds, orregisteredowner any of the same, to the recorded owner thereof asvalid.

shown on said registration book shall constitute avalid payment, without surrender of said bonds orany of the same, provided that final payment on ac-count of any bond shall not be made until and un-less the same is surrendered.

SEC. 30. Any bondholder or group of bondhold-Bondholders ers shall have the right to request said county treas-may desig-. ...nate agent urer in writing to pay the interest and installmentsto receivepayments. of principal of his or their bond or bonds to such

262 [CH. 120

SESSION LAWS, 1929.

agent as may be designated in said request and pay-ment to said agent shall constitute a valid paymentto the record owner or owners of said bond or bondswithin the provisions of this act.

SEC. 31. No tract of land shall be assessed by No assess-ment in

the district during the life of the proposed bonds excess ofmaximum

when issued for the purpose of paying the principal benefits.

of or interest on said bonds in an aggregate amountin excess of the maximum benefits received by saidtract from said bond issue as determined in thedecree, and any assessment in excess thereof shallbe void. In addition to its regular normal assess-ment for the principal or interest of said bonds, notract of land shall be assessed in any one year tomake up past or anticipated delinquencies of assess- No annual

assessmentments or both levied or to be levied against the lands in excessof 50% ofin the district for said purposes, in excess of 50% normalassessment.of its regular normal assessment for said bonds.

SEC. 32. The treasurer of the proper county Total unpaidmaximum

shall have authority at any time to receive for the benefitsmay be

benefit of the refunding bond fund of the district received.

the total amount of unpaid maximum benefits de-creed by the court as accruing to any tract of landand no further assessments for said bonds againstthe tract of land so making full payment shall belevied.

SEC. 33. In any case where the landowner makes Upon fullpayment of

full payment of the decreed maximum benefits re- maximumbenefits,

ceived or to be received by any tract of land afore- receit

said, the county treasurer shall issue the landownera receipt stating that the payment is in full of max-imum benefits received from the proposed bond is-sue determined in case No. (stating it) records ofthe county clerk's office of (naming it) county, andthat no further assessments for the purpose of saidbond issue shall be chargeable against said land.

SEC. 34. Full payment of the decreed maximumbenefits accruing to any tract of land aforesaid can

CH. 120] 263

SESSION LAWS, 1929.

Fnt a- be made by the payment of money only and no salemoney only. of any tract of land on account of delinquent dis-

trict assessments shall be construed as a satisfactionchargeable against the amount of maximum bene-fits decreed as accruing to said tract by reason ofsaid refunding bonds.

SEc. 35. In any instance where an irrigationSale or district having outstanding refunding bonds issuedrent of

acired under the provision of this act, sells or rents a tractfrm sale of land previously acquired by sale on account ofassessments. delinquent district assessments, the proceeds of said

sale or lease shall be distributed to the expense fundand the refunding bond fund of the district in pro-portion to the respective amounts of the districtexactions made against said tract of land for thebenefit of these two funds payable in the year inwhich the district assessment for which said tractwas sold, became delinquent.

SEc. 36. When the money in the refunding bondApportion- fund reaches an excess of 10% of the amount neces-ment ofexcess of sary to meet the total aggregate minimum annual in-refundingagratbond fund. stallment of the principal of said bonds and interest

next payable, it shall be the duty of said treasurer toapportion said excess to the several bondholders ona pro rata basis in proportion to the par value oftheir respective bonds and include the same withthe payments of the next annual installment of theprincipal of said bonds.

SEC. 37. Except as herein otherwise specificallyLien of provided, refunding bonds authorized, issued andrefundingbonds, and disposed of under the provisions of this act shallrights andprivileges entitle the holders and owners thereof to the sameof owners.

rights and privileges, shall constitute a lien on thesame property and shall be paid in the same manneras the original bonds refunded by said bond issueand said refunding bonds shall be retired by theexaction of annual assessments levied against all thelands in the district until said bonds are fully paid,

264 [Ca. 120

SESSION LAWS, 1929.

Provided, That full payment to the credit of said re-funding bond fund in the proper county treasurer'soffice, of the total aggregate amount of maximumbenefits decreed by the court, as accruing from theproposed refunding bond issue to the irrigable acre-age within the district, shall ipso facto extinguishthe lien of said refunding bonds on and against anyand all the district property.

SEC. 38. Proceedings had for the authorization, Proceedingsmay be

issuance and disposal of refunding bonds provided considered,confirmed

for herein may be considered, confirmed and ap- a ap-b

proved by the court in proceedings authorized by the court.

irrigation district act in the same manner and withthe same effect, as proceedings had for authoriza-tion, issuance and disposal of other irrigation dis-trict bonds provided for by law, are considered, con-firmed and approved.

SEC. 39. If any section or provision of this act Uncons t it u-tionality of

shall be adjudged to be invalid or unconstitutional part shallnot affect

such adjudication shall not affect the validity of the balance.

act as a whole or any section, provision or partthereof not adjudged to be invalid or unconstitu-tional.

SEC. 40. Nothing in this act contained shall be Not toabridge,

deemed or construed as abridging, enlarging or enlarge ormodify

modifying any existing statute relating to refunding sta

bonds of irrigation districts. This act is intended asan independent act providing an additional methodfor the issuance of refunding bonds of such districts.


CH. 120] 265

SESSION LAWS, 1929.

CHAPTER 121.[H. B. 182.]

IRRIGATION AND DRAINAGE DISTRICTS.

AN ACT relating to irrigation and drainage districts, defining thepowers and duties of the director of conservation and devel-opment, with reference to investments made by the state inaid thereof, providing for the cancellation of assessmentsand taxes levied upon the irrigation system of such districts,and on the irrigable land in such districts and declaring thatthis act shall take effect. immediately.


SECTION 1. The director of conservation and de-Reclamation velopment shall not undertake the development orprojects,developent financing of any new reclamation projects during thesuspended. biennium ending March 31, 1931.

SEc. 2. Whenever the department of conserva-State owns tion and development shall have heretofore pur-entire issueof onds of chased, and the state shall own, the entire issue ofirri aone the bonds of any irrigation or drainage district, anddistrict.

in the judgment of the director of conservation andExchange development such district is, or will be, unable tofor refundbonds meet its obligations to the state as they mature, andauthorized.

in the judgment of the director of conservation anddevelopment the investment of the state can be mademore secure by the exchange of the bonds held bythe state for refunding bonds of such district issuedas in the manner provided by law at the same or alower rate of interest and/or for a longer term, andthe exchange of the remaining bonds held by thestate for the refunding bonds of the district issuedin the manner provided by law at the same or alower rate of interest and/or for the same or alonger term, or by the cancellation of a portion ofthe bonds held by the state and/or interest accruedthereon, the director of conservation and develop-ment shall be and is hereby authorized and em-powered to so exchange the bonds held by the state

266 [CH. 121

SESSION LAWS, 1929.

for such refunding bonds or to cancel a portion ofthe bonds held by the state and/or interest accruedthereon, and exchange the remaining bonds held bythe state for such refunding bonds as in his judg-ment will be for the best interest of the state.

SEC. 3. Whenever the department of conserva- State ownsportion of

tion and development shall have heretofore pur- issue ofbon~ds of

chased and the state shall own a portion of the bonds irrigationor drainage

of any irrigation or drainage district, and in the district.

judgment of the director of conservation and de-velopment such district is, or will be, unable to meet Exchange

bondsits obligations as they mature, and in the judgment antsrized.

of the director of conservation and development theinvestment of the state can be made more secure byexchanging the bonds held by the state for the re-funding bonds of the district issued in the mannerprovided by law at the same or a lower rate of in-terest and/or for a longer term, or by the cancella-tion of a portion of the bonds held by the state and/or interest accrued thereon, and the exchange ofthe remaining bonds held by the state for the re-funding bonds of the district issued in the mannerprovided by law at the same or a lower rate of in-terest and/or for a longer term, the director of con-servation and development shall be and is herebyauthorized and empowered to so exchange the bondsheld by the state for such refunding bonds or tocancel a portion of the bonds held by the state and/or interest accrued thereon, and exchange the re-maining bonds held by the state for such refundingbonds as in his judgment will be for the best interestof the state: Provided, That all of the holders ofthe other bonds of such district shall make andexecute the same arrangement with the district.

SEC. 4. Whenever the department. of conserva- Irrigationdistricttion and development shall have heretofore entered contractwith state.

into a contract with an irrigation district and shallhave expended moneys under said contract, and said

CH. 121] 267

SESSION LAWS, 1929.

indebtedness district shall be indebted to the state for the moneysto state oepne. h fteomay be so expended, and in the judgment of the director. ofcompromised. conservation and development said district shall

have not received benefits equal to the amount ofsaid indebtedness, the director of conservation anddevelopment shall be and is hereby authorized andempowered to settle and compromise the claim ofthe state against said district upon such terms andfor such an amount as he shall deem fair and justto the state and the district.

SEC. 5. Whenever the director of conservationIrrigation and development shall find any irrigation district

unaetbga- i, or will be unable to meet its obligations and thationsdn- refunding operations under this act are necessary,

and assess-an thtaa ofscanmes - and that as a part of such refunding operationsbe cancelled.

the cancellation of assessments and county taxes onthe irrigation system and the irrigable lands in suchdistrict then delinquent, is necessary, the board ofcounty commissioners of the county in which suchirrigation district is situated may, upon request ofthe director of conservation and development, can-cel any or all delinquent assessments and countytaxes levied upon the irrigable lands in such dis-trict and all county taxes levied upon the irrigationsystem of such district, if such board shall find thatsuch irrigation district is or will be unable to meetits obligations and such refunding operations arenecessary, of which the report of the director ofconservation and development shall be prima facieevidence.

SEC. 6. This act is necessary for the preserva-Effective tion of existing institutions and public welfare and

shall take effect immediately.Passed the House February 19, 1929.Passed the Senate March 6, 1929.Approved by the Governor March 20, 1929.

268 [CH. 121

SESSION LAWS, 1929.

CHAPTER 122.[H. B, 232.]

REGULATION AND CONTROL OF USE OF WATERS.

AN ACT relating to the regulation and control of waters withinthe state and rights to the use thereof, and amending Sec-tions 16, 17, 21, 31, 34, 39 and 44 of Chapter 117 of the Lawsof 1917, and amending Chapter 117 of the Laws of 1917 byadding a new section to be known as section 39-a.


SECTION 1. That section 16, of chapter 117 of Amends§ 7366 Rem,

the Laws of 1917, (7366 of Remington's Compiled Cor. Stat.;

Statutes; 7218 of Pierce's Code) be amended to dree'.

read as follows:Section 16. Service of said summons shall be Service of

made in the same manner and with the same force summons.

and effect as service of summons in civil actionscommenced in the superior courts of the state. Ifthe defendants, or either of them, cannot be foundwithin the State of Washington, of which the re-turn of the sheriff of the county in which the pro-ceeding is pending shall be prima facie evidence,upon the filing of an affidavit by the state supervisor Affidavit.

of hydraulics, or his attorney, in conformity withthe statute relative to the service of summons bypublication in civil actions, such service may bemade by publication in a newspaper of general cir- Publication.

culation printed and published at the county seatof the county in which such proceeding is pending,and also publication of said summons in a news-paper published at the county seat of each countyin which any portion of the water is situated, oncea week for six consecutive weeks (six publications),before the return day thereof. In cases where per-sonal service can be had, such summons shall beserved at least twenty (20) days before the returnday thereof.

Cur. 1221 269

SESSION LAWS, 1929.

SEC. 2. That section 17, of chapter 117 of theAmends

736nd em. Laws of 1917, (7367 of, Remington's Compiled Stat-Comp. Stat.;§7219 utes; 7219 of Pierce's Code), be amended to read asPierce'sCode. follows:

Section 17. On or before the return day of suchDefendant summons, each defendant shall file in the office ofto filestatement. the clerk of said court a statement, and therewith

a copy thereof for the state supervisor of hydrau-lics, containing substantially the following, to-wit:

1. The name and postoffice address of defendant.Contents. 2. The full nature of the right, or use, on which

the claim is based.3. The time of initiation of such right and com-

mencement of such use.4. The date of beginning and completion of

construction.5. The dimensions and capacity of all ditches

existing at the time of making said statement.6. The amount of land under irrigation and

the maximum quantity of water used thereon priorto the date of said statement and if for power, orother purposes, the maximum quantity of waterused prior to date of said statement.

7. The legal description of the land upon whichsaid water has been, or may be, put to beneficial use,and the legal description of the subdivision of landon which the point of diversion is located.

Statement Such statement shall be verified on oath by theverifiedby oath. defendant, and in the discretion of the court may

be amended.Amends SEc. 3. That section 21, of chapter 117 of the§7371, Rem.Comp. Stat.;Lass§ 722st Laws of 1917, as amended by section 2 of chapterPieree's 71 of the Laws of 1919, (7371 of Remington's Com-Code.

piled Statutes; 7223 Pierce's Code), be amended toread as follows:

Defendant Section 21. At the time of filing the statementto payfiling fee as provided in section 17, each defendant shall payof $1.00.

to the clerk of the superior court a fee of one dollar

270 [CH. 122

SESSION LAWS, 1929.

($1.00). The state supervisor of hydraulics shall Record of

keep a record of the expenses incurred by him in surbvsor.

the determination of the rights on any stream, in-cluding the proportionate share of the expense ofhis office, such expense to date from the filing of apetition or the institution of any investigation asprovided in section 14. Immediately upon receiptof a decree of the superior court determining therights of parties as provided in section 23, the statesupervisor of hydraulics shall prepare and file inthe superior court a statement of such expense, Statement

of expensesshowing the total expense of the determination and cou in

apportioning such expense to the various rights.And.where such expense does not exceed five dollars($5.00) for each water right, as determined by thecourt, it shall be divided equally between such rights.If such expense exceeds five dollars for each waterright, such allottee shall pay five dollars ($5.00)plus a share of the amount remaining, which shallbe apportioned to the various irrigation and otherconsumptive rights in such proportion as the quan-tity of water allotted to each right bears to the totalamount of water awarded, and to non-consumptiverights on such basis as the supervisor of hydraulicsmay determine to be equitable. Such records shall Aud by

be subject to audit by the bureau of inspection and inspetion.

supervision of public offices as are other accountsof state offices. The amount of such expense ap-portioned to each diverter shall be paid by such di-verter before he shall be entitled to receive a cer-tificate of diversion from the state supervisor ofhydraulics.

SEc. 4. That section 31, of chapter 117, Laws Amends§ 7382, Rem.

of 1917, (7382 of Remington's Compiled Statutes; Cjm. Stat.

7233 of Pierce's Code), be amended to read as Cdee

follows:Section 31. When an application complying

with the provisions of this chapter and with the

CH. 122] 271

When rules and regulations of the state supervisor of hy--applicationfiled, super- draulics has been filed the same shall be placed onvi sor shall ralchabennepcdinvestigate. record in the office of the state supervisor of hydrau-

lics, and it shall be his duty to investigate the ap-plication, and determine what water, if any, isavailable for appropriation, and find and determineto what beneficial use or uses it can be applied. If

Irrigable it is proposed to appropriate water for irrigationlands tobetowtrfrrrguodetermined. purposes, the state supervisor of hydraulics shall

investigate, determine and find what lands are cap-able of irrigation by means of water found available

Determine for appropriation. If it is proposed to appropriatewhetherpower water for the purpose of power development, thedevelopment

wtiental. supervisor shall investigate, determine and findwhether the proposed development is likely to provedetrimental to the public interest, having in mindthe highest feasible use of the waters belonging tothe public. If the application does not contain, andthe applicant does not promptly furnish sufficient

Temporary information on which to base such findings, thepermits.supervisor may issue a preliminary permit, for aperiod of not to exceed three (3) years, requiringthe applicant to make such surveys, investigations,studies, and progress reports, as in the opinion of

Aplication the supervisor may be necessary. If the applicantatmatic- fails to comply with the conditions of the prelim-

inary permit, it and the application or applicationson which it is based shall be automatically cancelledand the applicant so notified. If the holder of apreliminary permit shall, before its expiration, filewith the supervisor a verified report of expendituresmade and work done under the preliminary permit,which, in the opinion of the supervisor, establishesthe good faith, intent and ability of the applicantto carry on the proposed development, the prelim-

Preliminary inary permit may, with the approval of the Gov-permitextended. ernor, be extended, but not to exceed a maximum

period of five (5) years from the date of the issu-


SESSION LAWS, 1929.

ance of the preliminary permit. The state super- Written

visor of hydraulics shall make and file as part of stperiso

the record in the matter, written findings of factconcerning all things investigated, and if he shallfind that there is water available for appropriationfor a beneficial use, and the appropriation thereofas proposed in the application will not impair exist-ing rights or be detrimental to the public welfare,he shall issue a permit stating the amount of water Permit

issued.to which the applicant shall be entitled and the .

beneficial use or uses to which it may be applied:Provided, That where the water applied for is tobe used for irrigation purposes, it shall become ap-purtenant only to such land as may be reclaimedthereby to the full extent of the soil for agriculturalpurposes. But where there is no unappropriated Irrigation

purposes,water in the proposed source of supply, or where extent of

the proposed use conflicts with existing rights, orthreatens to prove detrimental to the public interest,having due regard to the highest feasible develop-ment of the use of the waters belonging to the public,it shall be the duty of the state supervisor of hy- Application

draulics to reject such application and to refuse to rejected.

issue the permit asked for. If the permit is refusedbecause of conflict with existing rights and such ap-plicant shall acquire same by purchase or condem-nation under section 4 hereof, said supervisor maythereupon grant such permit. Any application maybe approved for a less amount of water than thatapplied for, if there exists substantial reason there- Approved

for lessfor, and in any event shall not be approved for amount.

more water than can be applied to beneficial use forthe purposes named in the application. In determin-ing whether or not a permit shall issue upon anyapplication, it shall be the duty of the state super-visor of hydraulics to investigate all facts relevantand material to the application. After the statesupervisor of hydraulics approves said application

CH. 122] 273

2 SESSION LAWS, 1929.

ofe ruired in whole or in part and before any permit shall beissued thereon to the applicant, such applicant shallpay the fee provided in section 44 of this act.

SEC. 5. That section 34 of chapter 117 of theAmends Laws of 1917, (7386 of Remington's Compiled Stat-§7386, Rem.

§ stat6, utes; 7236 Pierce's Code), be amended to read asPierce's follows:

Section 34. Upon a showing satisfactory to theCertificate state supervisor of hydraulics that any appropria-issuedwhen tion has been perfected in accordance with the pro-appropria-

fctder- visions of this act, it shall be the duty of such statesupervisor of hydraulics to issue to the applicanta certificate stating such facts in a form to be pre-scribed by him, and such certificate shall thereuponbe recorded in his office. Any original water rightcertificate issued, as provided by this act, shall berecorded in his office and thereafter, at the expenseof the party receiving the same, be by such super-visor transmitted to the county auditor of the countyor counties where the distributing system or anypart thereof is located, and be recorded in the officeof such county auditor, and thereafter be trans-mitted to the owner thereof.

SEC. 6. That section 39, of chapter 117 of theAmends Laws of 1917, (7391 of Remington's Compiled Stat-§ 7391 Rern.Comp.Stat.; utes; 7241 Pierce's Code), be amended to read as§7241,Pierce's follows:

Section 39. The right to the use of water whichRight to has been applied to a beneficial use in ihe state shallremainappurtenantbeoto land, be and remain appurtenant to the land or place

upon which the same is used: Provided, hoioever,That said right may be transferred to another or

Transfer to others and become appurtenant to any other landauthorized.

or place of use without loss of priority of righttheretofore established if such change can be madewithout detriment or injury to existing rights. Thepoint of diversion of water for beneficial use or thepurpose of use may be changed, if such change can

274 [Cia. 122

SESSION LAWS, 1929.

be made without detriment or injury to existingrights. Before any transfer of such right to usewater or change of the point of diversion of wateror change of purpose of use can be made, any per- Application

- therefor.son having an interest in the transfer or change,shall file a written application therefor with thestate supervisor of hydraulics, and said applicationshall not be granted until notice of said application Notice

shall be published as provided in section 30 of this published.

act. If it shall appear that such transfer or suchchange may be made without injury or detrimentto existing rights, the state supervisor of hydrau-lics shall issue to the applicant a certificate in dupli-cate granting the right for such transfer or for Certificate

issuedsuch change of point of diversion or of use. The granting

certificate so issued shall be filed and be made a transfer.

record in the office of the state supervisor of hy-draulics and the duplicate certificate issued to theapplicant may be filed with the county auditor inlike manner and with the same effect as providedin the original certificate or permit to divert water.

SEC. 7. That chapter 117 of the Laws of 1917 be Adds § 7391-ato Rem.

amended by adding thereto a new section to be Comp. Stat.

known as section 39-a (7391-a of Remington's Com-piled Statutes) to read as follows:

Section 39-a. Section 39 of this act shall not Seasonal or

change ofbe construed to prevent water users from making daerioo

a seasonal or temporary change of point of diver- point.

sion or place of use of water when such change canbe made without detriment to existing rights, butin no case shall such change be made without thepermission of the water master of the district inwhich such proposed change is located, or of thestate supervisor of hydraulics. Nor shall section39 of this act be construed to prevent rotation in theuse of water for bringing about a more economical Rotation

of use.use of the available supply. Water users owninglands to which water rights are attached may ro-

Oi. 122] 275

iateridhts ate in the use of water to which they are collect-fer ively entitled, or an individual water user havingpriority. lands to which are attached water rights of a dif-

ferent priority, may in like manner rotate in usewhen such rotation can be made without detrimentto other existing water rights, and has the approvalof the water master or state supervisor of hy-draulics.

SEC. 8. That section 44 of chapter 117 of the

§e9dsRem. Laws of 1917, as amended by section 2 of chapter927S u a. 161 of the Laws of 1925 Extraordinary Session,ierc4,s (section 7399, Rem. 1927 Sup.; section 7246 Pierce's

1926 Code. 1926 Code), be amended to read as follows:Section 44. The following fees shall be collected

Supervisor by the supervisor of hydraulics in advance (a) forto-collectfees- heschedule. the examination of an application for permit to ap-

propriate water a five dollars ($5.00) fee shall bepaid upon filing the application, which shall be aminimum fee but shall be a credit to the extent offive dollars whenever the fee due upon direct diver-sion or storage totals more than five dollars underthe schedule hereinafter provided and in such casethe further fee due shall be the total computedamount less five dollars. Not later than five daysafter receipt of such an application the supervisorof hydraulics shall notify the applicant by registeredmail of the further amount of fee, if any, due underthe following schedule of fees, and if there is a fur-ther amount due and said amount is not receivedwithin thirty (30) days after the date of filing saidapplication in the office of the supervisor of hydrau-lics, said application shall be rejected. After noticeand within the time hereinabove provided, such fur-ther fee as may be due shall be paid in amountsdetermined as follows: For all amounts in excessof one cubic foot per second up to and includingfive hundred cubic feet per second, at the rate ofone dollar ($1.00) per cubic foot per second. For


SESSION LAWS, 1929.

all amounts in excess of five hundred cubic feet persecond up to and including two thousand cubic feetper second, at the rate of twenty-five cents (25c)per cubic foot per second. For all amounts in ex-cess of two thousand cubic feet per second, at therate of ten cents (10c) per cubic foot per second.For each acre-foot of storage up to and includingone hundred thousand acre-feet, at the rate of one-half (1/2c) cent per acre-foot. For each acre-footof storage over one hundred thousand acre-feet, atthe rate of one-tenth cent per acre-foot. (b) Forfiling and recording permit to appropriate waterfor irrigation purposes, ten cents (10c) per acrefor each acre to be irrigated up to and includingone hundred acres, and five cents (5c) per acre foreach acre in excess of one hundred acres up to andincluding one thousand acres, and two and one-halfcents (2 c) for each acre in excess of one thousandacres; and also ten cents (10c) for each theoreticalhorsepower up to and including one thousand H. P.and two cents (2c) for each theoretical horsepowerin excess of one thousand H. P. For all other bene-ficial purposes the fee shall be twice the amount ofthe examination fee except that for individual house-hold and domestic use, which may include waterfor the irrigation of a family garden, the fee shallbe two dollars ($2.00). (c) For filing and record-ing any other water right instrument, one dollar($1.00) for the first hundred words and ten cents(10c) for each additional hundred words or frac-tion thereof; (d) for making copy of any documentrecorded or filed in the office of the supervisor ofhydraulics, ten cents (10c) for each hundred wordsor fraction thereof, but where the amount exceedsfive dollars ($5.00), then only the actual cost in ex-cess of that amount shall be charged; (e) for cer-tifying to copies, docunents, records of maps, onedollar ($1.00) for each certification. (f) For blue-

CH. 122] 277

SESSION LAWS, 1929.

print copies of any map or drawing, ten cents (10c)per square foot or fraction thereof. For such otherwork of a similar nature as may be required of hisoffice, at actual cost of the work; (g) for grantingeach extension of time (under section 7385, Rem-ington's Compiled Statutes) ; for beginning con-struction work under a permit to appropriate water,the permittee shall pay an amount equal to one-halfof the filing and recording fee. (h) For the inspec-tion of any hydraulic works to insure safety to lifeand property as provided in section 7358, Reming-ton's Compiled Statutes, sub-section 2, the ownerof such works shall pay the actual cost of such in-spection, together with the expense incident thereto.(i) For the examination of plans and specificationsas to safety as provided in section 7388, Reming-ton's Compiled Statutes, a minimum fee of five dol-lars ($5.00) shall be charged; if the cost of suchexamination exceeds five dollars ($5.00), the actualcost of such work shall be paid. (j) For recordingan assignment either of a permit to appropriatewater or of an application for such a permit, asprovided for under section 32 of this act (7384 ofRemington's Statutes), a fee of two dollars ($2.00)shall be charged. (k) For, issuing a certificate fo'rchange of point of diversion, place or purpose ofuse as provided for under section 39 of this act(7391 of Remington's Compiled Statutes), a fee offive dollars ($5.00) shall be charged.


278 [C.122

SESSION LAWS, 1929.

CHAPTER 123.[H. B. 48.]

MUTUAL SAVINGS BANKS.

AN ACT relating to and regulating mutual savings banks, amend-ing certain acts and repealing certain acts relating thereto.


SECTION 1. That section 17 of chapter 175 of Amendsi 3346, Rem.

the Laws of 1915, pages 565 to 566, as amended by Comp. Stat.,1927 Sup.

section 5 of chapter 184 of the Laws of 1927, pages228-229 (section 3346 of Remington's CompiledStatutes, 1927 Supplement), be amended to read asfollows:

Section 17. When the aggregate amount of de- Deposits.

posits and dividends to the credit of any depositor,including in such aggregate all deposits and divi-dends credited to the depositor as trustee or bene-ficiary of any voluntary and revocable trust and alldeposits and dividends credited to the depositor andanother, or others, in either joint or several form, Limit to

is seven thousand five hundred dollars ($7500.00) account

or more, such aggregate shall not be increased by $7,500.

the receipt from the depositor of any further de-posit but may be increased by the crediting of divi-dends. Additional accounts may, however, be main- Parent for

minor-childtained in the name of a parent as trustee for a $500additional.dependent or minor child, or in the name of a childas trustee for a dependent parent, but not more thanfive hundred dollars. ($500.00) shall be deposited toany such additional account during any six monthsperiod; and additional accounts may be maintainedby a person, society, or corporation as adminis-trator, executor, guardian, or trustee under a will,if the deposits therein are directed to be made by acourt of competent jurisdiction.

Every such bank may further limit the aggregate Bank mayfurther

amount which an individual or any corporation or limitdeposits.

CH. 123] 279

SESSION LAWS, 1929.

society may have to his or its credit to such sumas such bank may deem expedient to receive; andmay in its discretion refuse to receive a deposit, ormay at any time return all or any part of any de-posits or require the withdrawal of any dividend.

SEC. 2. That section 19 of chapter 175 of theAmends Laws of 1915, pages 567 to 568, (section 3348 of§ 3348, Rem.Comp. Stat. Remington's Compiled Statutes, 1922) be amended

to read as follows:Section 19. (1) When any deposit shall be

Deposits in made by or in the name of any minor, the same shallname of behlfothexusvminor be held for the exclusive right and benefit of such

minor, and free from the control or lien of all otherpersons, except creditors, and shall be paid, togetherwith dividends thereon, to the person in whose namethe deposit shall have been made, and his receiptor acquittance shall be a valid discharge.

(2) When any deposit shall be made by anyTrust person in trust for another, and no other or furtherdeposits,payment notice of the existence and terms of a legal and validon death oftrustee. trust shall have been given in writing to such say-

ings bank, in the event of the death of the trustee,the deposit or any part thereof, together with thedividends thereon, may be paid to the person forwhom the deposit was made.

(3) After any deposit shall be made by anyJoint person in the names of such depositor and anotherdeposits. person and in form to be paid to either or the sur-

vivor of them, such deposit and any additionsthereto made by either of such persons after themaking thereof, shall become the property of suchpersons as joint tenants, and the same, togetherwith all dividends thereon, shall be held for the

Paid to exclusive use of such persons and may be paid toSUIrVIVO.

either during the lifetime of both or to the survivorafter the death of one of them, and such paymentand the receipt or acquittance of the one to whomsuch payment is made shall be a valid and sufficient

280 [CH. 123

SESSION LAWS, 1929.

release and discharge to such savings bank for allpayments made on account of such deposit prior tothe receipt by such savings bank of notice in writingnot to pay such deposit in accordance with the termsthereof. The making of the deposit in such form Nature of

depositshall, in the absence of fraud or undue influence, concousive

be conclusive evidence, in any action or proceeding action.

to which either such savings bank or the survivingdepositor is a party, of the intention of both de-positors to vest title to such deposit and the addi-tions thereto in such survivor.

SEC. 3. That section 24 of chapter 175 of the Amendsg 3353, Rem.

Laws of 1915, pages 571 to 572, as amended by see- Cop Stat.,197Sup.

tion 6 of chapter 184 of the Laws of 1927, pages229-230, (section 3353 of Remington's CompiledStatutes, 1927 Supplement) be amended to read asfollows:

Section 24. If at the close of any dividend Guaranty

period the guaranty fund of any savings bank be less aunt 1%of

than ten per centum of the amount due to deposit- depositors.

ors, there shall be deducted from its net earningsand credited to its guaranty fund not less than fiveper centum of its net earnings for such period, orso much of its net earnings as will not compel it toreduce its dividends to depositors below the rateof three and one-half per centum per annum. Theamount of net earnings remaining after such de- Deductions

fromduction for the guaranty fund and its undivided earnings for

guarantyprofits shall be available for the declaration of divi- fund.

dends for such period. While the trustees of suchsavings bank are paying its expenses or any portionthereof the amounts to be credited to its guarantyfund shall be computed at the same percentage upon Amount ofthe total dividends credited to its depositors instead dividend.

of upon its net earnings. If the guaranty fund ac-cumulated from earnings shall equal or exceed tenper centum of the amount due to depositors, theminimum dividend shall be four per centum if thenet earnings for such period are sufficient therefor.

OH. 123] 281

SESSION LAWS, 1929.

Repiem. SEC. 4. That section 26 of chapter 175 of theComp. Stat. Laws of 1915, page 574, (section. 3355 of Reming-

ton's Compiled Statutes, 1922) is hereby repealed.Amends SEc. 5. That section 27 of chapter 175 of the§3356, Rem.Comp. Stat. Laws of 1915, page 574, (section 3356 of Reming-

ton's Compiled Statutes, 1922) be amended to readas follows:

Section 27. No savings bank shall put forthAdvertising any sign or notice or publish or circulate any ad-surplus orguaranty vertisement or advertising literature upon which or

in which it shall be stated that such savings bankhas a surplus or guaranty fund other than as de-termined in the manner prescribed by law.

Repeals SEC. 6. That section 39 of chapter 175 of the§3368, Rem.Comp. Stat. Laws of 1915, pages 580 to 582, (section 3368 of

Remington's Compiled Statutes, 1922) is herebyrepealed.

Repeals SEC. 7. That section 42 of chapter 175 of the§ 3371, Rem.Comp. Stat. Laws of 1915, page 583, and section 4 of chapter

200 of the Laws of 1919, page 702, (section 3371 ofRemington's Compiled Statutes, 1922) are herebyrepealed.


282 [CH. 123

SESSION LAWS, 1929.


ACCIDENT AND HEALTH INSURANCE.

AN AcT relating to policies of accident and/or health insurance,amending Section 187 of Chapter 49 of the Laws of 1911, andfurther amending said Chapter by adding thereto new sec-tions to be known as Sections 187-a, 187-b, 187-c, 187-d, 187-e,187-f, 187-g, and 187-h.


SECTION 1. That section 187 of chapter 49 of Amends§187, Chap.

the Laws of 1911, pages 264 to 266, be amended to 49Laws

read as follows:Section 187. No policy of insurance against loss Policy

form to beor damage from the sickness, or the bodily injury filed with

and approvedor death of the insured by accident shall be issued byinsIrnce

or delivered to any person in this state until a copyof the form thereof and of the classification of risks,if more than one class of risks is written and thepremium rates pertaining thereto have been filedwith the insurance commissioner; nor shall it beso issued or delivered until the expiration of thirtydays after it has been so filed unless the said com-missioner shall sooner give his written approvalthereto. If the said commissioner shall notify, in commis-

.sioner towriting, the company, corporation, association, so- notify

insurer andciety or other insurer which has filed such form specify

that it does not comply with the requirements of disapproval.

law, specifying the reasons for his opinion, it shallbe unlawful thereafter for any such insurer to issueany policy in such form. The action of the saidcommissioner in this regard shall be subject to re-view by any court of competent jurisdiction: Pro- commis-

sioner actionvided, however, That nothing in this act shall be subject to

review mn

so construed as to give jurisdiction to any court court.

not already having jurisdiction.

CH. 124] 283

SESSION LAWS, 1929.

Aodd p 19a SEC. 2. That chapter 49 of the Laws of 1911 beLaws 1911. amended by adding thereto a new section, to be

known as section 187-a, to read as follows:

to bednot Section 187-a. No policy of insurance againstliveredunless policy loss or damage from the sickness, or the bodily in-states--considera- jury or death of the insured by accident shall betion' issued or delivered in this state (1) unless the en-

tire money and other consideration therefor are ex-beginning pressed in the policy; nor (2) unless the time atand termina-tion of which the insurance thereunder takes effect and ter-insurance;

minates is stated in a portion of the policy precedingnor if policy its execution by the insurer; nor (3) if the policyinsures

more than urottnrone person; puoports t0 insure more than one person; nor (4)nor unless unless every printed portion thereof and of anyprinted intype not endorsements or attached papers shall be plainlysmallerthan ten- printed in type of which the face shall be not smallerpoint; than ten-point; nor (5) unless a brief descriptionnor unlessexceptions thereof be printed on its first page and on its filingprinted in

prominence back in type of which the face shall be not smalleras benefits. than fourteen-point; nor (6) unless the exceptions

of the policy be printed with the same prominenceWhen as the benefits to which they apply: Provided, how-indemnity

edu fcde ver, That any portion of such policy which pur-type used. ports, by reason of the circumstances under which

a loss is incurred, to reduce any indemnity promisedtherein to an amount less than that provided forthe same loss occurring under ordinary circum-stances, shall be printed in bold face type and withgreater prominence than any other portion of thetext of the policy.

A8b to SEc. 3. That chapter 49 of the Laws of 1911 beLas i1. amended by adding thereto a new section, to be

known as section 187-b, to read as follows:Section 187-b. Every policy of insurance

Policy to against loss or damage from -the sickness, or thecontainstandard bodily injury or death of the insured by accident

issued in this state shall contain certain standardprovisions, which shall be in the words and in the

284 [CK. 124

SESSION LAWS, 1929.

order hereinafter set forth and be preceded in everypolicy by the caption, " Standard Provisions." Ineach such standard provision wherever the word"insurer" is used, there shall be substituted there-for "company" or "corporation" or "association"or "society" or such other word as will properlydesignate the insurer. Said standard provisionsshall be:

(1) A standard provision relative to the con-tract which may be in either of the following twoforms: Form (A) to be used in policies which donot provide for reduction of indemnity on account Reduction

of change of occupation, and form (B) to be used o an

in policies which do so provide. If form (B) isused and the policy provides indemnity against lossfrom sickness, the words "or contracts sickness" Indemnity

againstmay be inserted therein immediately after the words sickness.

"in the event that the insured is injured:"(A) 1. This policy includes the endorsements

and attached papers, if any, and contains the en-tire contract of insurance. No reduction shall be No reduction

made in any indemnity herein provided by reason of indemnity.

of change in the occupation of the insured or byreason of his doing any act or thing pertaining toany other occupation.

(B) 1. This policy includes the endorsements Indemnitiespaid when

and attached papers, if any, and contains the en- occupationchanged to

tire contract of insurance except as it may be mod- more hazard-

ified by the insurer's classification of risks andpremium rates in the event that the insured is in-jured after having changed his occupation to oneclassified by the insurer as more hazardous thanthat stated in the policy, or while he is doing anyact or thing pertaining to any occupation so classi-fied, except ordinary duties about his residence orwhile engaged in recreation, in which event the in-surer will pay only such portion of the indemnitiesprovided in the policy as the premium paid would

CH. 124] 285

have purchased at the rate but within the limits sofixed by the insurer for such more hazardous oc-cupation.

If the law of the state in which the insured re-

Ptemind sides at the time this policy is issued requires thatclassificationof risks, prior to its issue a statement of the premium rates

and classification of risks pertaining to it shall befiled with the state official having supervision ofinsurance in such state, then the premium rates andclassification of risks mentioned in this policy shallmean only such as have been last filed by the in-surer in accordance with such law, but if such filingis not required by such law then -they shall meanthe insurer's premium rates and classification ofrisks last made effective by it in .such state priorto the occurrence of the loss for which the insureris liable.

Changes in (2) A standard provision relative to changescontract.

Form. in the contract, which shall be in the following form:Statement of 2. No statement made by the applicant for in-applicant..

surance not included herein shall avoid the policyAuth orty or be used in any legal proceeding hereunder. No

agent has authority to change this policy or toChange waive any of its provisions. No change in this policyinvalidunless shall be valid unless approved by an executive of-approved. ficer of the insurer and such approval be endorsed

hereon.Reinstate-ment after (3) A standard provision relative to reinstate-lapse. ment of policy after lapse which may be in either of

Lss rm the three following forms: Form (A) to be usectonly. in policies which insure only against loss from ac-

cident; form (B) to be used in policies which insureLoss from only against loss from sickness; and form (C) toboth acci-dent and be used in policies which insure against loss fromsickness..

both accident and sickness.Payment (A) 3. If default be made in the payment ofafter defaultin accident the agreed premium for this policy, the subsequentpolicy. are e premium poliy, subeunt

acceptance of a premium by the insurer or by any


SESSION LAWS, 1929.

of its duly authorized agents shall reinstate thepolicy, but only to cover loss resulting from acci-dental injury thereafter sustained.

(B) 3. If default be made in the payment of Payment

the agreed premium for this policy, the subsequent eant in

acceptance of a premium by the insurer or by any policy.

of its duly authorized agents shall reinstate thepolicy but only to cover such sickness as may beginmore than ten days after the date of such acceptance.

(C) 3. If default be made in the payment of Payment

the agreed premium for this policy, the subsequent default inaccidentYand sicknessacceptance of a premium by the insurer or by an anticsn

of its duly authorized agents shall reinstate thepolicy but only to cover accidental injury thereaftersustained and such sickness as may begin more thanten days after the date of such acceptance.

) A standard prelative to time of Time of(4) stadardprovision rltv otm oieo

notice of claim which may be in either of the three claim.

following forms: Form (A) to be used in policieswhich insure only against loss from accident; form(B) to be used in policies which insure only againstloss from sickness; and form (C) to be used in pol-icies which insure against loss from both accidentand sickness. If form (A) or form (C) is used theinsurer may at its option add thereto the followingsentence: "In event of accidental death immediatenotice thereof must be given to the insurer."

(A) 4. Written notice of injury on which claim 20 days afteraccident

may be based must be given to the insurer within casing

twenty days after the date of the accident causiiigsuch injury.

(B) 4. Written notice of sickness on which 10 days aftercommence-

claim may be based must be given to the insurer ment ofsickness.

within ten days after the commencement of the dis-ability from such sickness. 2b days after

A injury or 10(C) 4. Written notice of injury or of sickness days aftercommence-

on which claim may be based must be given to the ment ofdisability

insurer within twenty days after the date of the fromsickness.

CH. 124] 287

SESSION LAWS, 1929.

accident causing such injury or within ten days afterthe commencement of disability from such sickness.

(5) A standard provision relative to sufficiencySufficiency of notice of claim which shall be in the followingof noticeof claim, form and in which the insurer shall insert in the

blank space such office and its location as it maydesire to designate for such purpose of notice:

5. Such notice given by or in behalf of the in-Form. sured or beneficiary, as the case may be, to the in-

surer at..............................or to any authorized agent ofthe insurer, with particulars sufficient to identifythe insured, shall be deemed to be notice to the in-surer. Failure to give notice within the time pro-vided in this policy shall not invalidate any claimif it shall be shown not to have been reasonablypossible to give such notice and that notice wasgiven as soon as was reasonably possible.

Forms for (6) A standard provision relative to furnish-furnishingstnadrltv to u -roo of ing forms for the convenience of the insured in sub-

mitting proof of loss as follows:Form. 6. The insurer upon receipt of such notice, will

furnish to the claimant such forms as are usuallyfurnished by it for filing proofs of loss. If suchforms are not so furnished within fifteen days afterthe receipt of such notice, the claimant shall bedeemed to have complied with the requirements ofthis policy as to proof of loss upon submitting withinthe time fixed in the policy for filing proofs of loss,written proof covering the occurrence, character andextent of the loss for which claim is made.

Filingo (7) A standard provision relative to filingpro.'of f tnar rvsonrltvloss. proof of loss which shall be in such one of the fol-

lowing forms as may be appropriate to the indem-nities provided:

Form. (A) 7. Affirmative proof of loss must be fur-nished to the insurer at its said office within ninetydays after the date of the loss for which claim ismade.

288 ICir. 124

SESSION LAWS, 1929.

(B) 7. Affirmative proof of loss must be fur- Form.

nished to the insurer at its said office within ninetydays after the termination of the period of dis-ability for which the company is liable.

(C) 7. Affirmative proof of loss must be fur- Form.

nished to the insurer at its said office in case of claimfor loss of time from disability within ninety daysafter the termination -of the period for which theinsurer is liable, and in case of claim for any otherloss, within ninety days after the date of such loss.

(8) A standard provision relative to examina- Examinationof person

tion of the person of the insured and relative to au- and autopsy.

topsy which shall be in the following form:8. The insurer shall have the right and oppor- Form.

tunity to examine the person of the insured whenand so often as it may reasonably require duringthe pendency of claim hereunder, and also the rightand opportunity to make an autopsy in case of deathwhere it is not forbidden by law.

(9) A standard provision relative to the time Time forpayments.

within which payments other than those for lossof time on account of disability shall be made, whichprovision may be in either of the following twoforms and which may be omitted from any policyproviding only indemnity for loss of time on ac-count of disability. The insurer shall insert in theblank space either the word "immediately" or ap-propriate language to designate such period of time,not more than sixty days, as it may desire; form(A) to be used in policies which do not provide in-demnity for loss of time on account of disabilityand form (B) to be used in policies which do soprovide.

(A) 9. All indemnities provided in this policy Form.

will be paid ........ after receipt of due proof.(B) 9. All indemnities provided in this policy Form.

for loss other than that of time on account of dis-

-10

Cia. 124] 289

SESSION LAWS, 1929.

ability will be paid ........ after receipt of dueproof.

(10) A standard provision relative to periodi-Periodical cal payments of indemnity for loss of time on ac-payments ofindemnity. count of disability, which provision shall be in the

following form, and which may be omitted from anypolicy not providing for such indemnity. The in-surer shall insert in the blank space of the form anyperiod of time not exceeding sixty days.

10. Upon request of the insured and subject toForm. due proof of loss all accrued indemnity for loss of

time on account of disability will be paid at theexpiration of each ........ during the continuanceof the period for which the insurer is liable, andany balance remaining unpaid at the termination ofsuch period will be paid immediately upon receiptof due proof.

(11) A standard provision relative to indemnityIndemnity payments which may be in either of the two followingpayments. terms: Form (A) to be used in policies which desig-

nate a beneficiary and form (B) to be used in policieswhich do not designate any beneficiary other thanthe insured:

(A) 11. Indemnity for loss of life of the in-sured is payable to the beneficiary if surviving theinsured, and otherwise to the estate of the insured.All other indemnities of this policy are payable tothe insured.

Form. (B) 11. All the indemnities of this policy arepayable to the insured.

(12) A standard provision providing for cancel-cancellation lation of the policy at the instance of the insuredof policy byinsured. which shall be in the following form:

12. If the insured shall at any time change hisForm. occupation to one classified by the insurer as less

hazardous than that stated in the policy, the insurer,upon written request of the insured and surrender

290 [CH. 124

SESSION LAWS, 1929.

of the policy, will cancel the same and will returnto the insured the unearned premium.

(13) A standard provision relative to the rights Rights of

of the beneficiary under the policy which shall bein the following form and which may be omittedfrom any policy not designating a beneficiary:

13. Consent of the beneficiary shall not be Form.

requisite to surrender or assignment of this policyor to change of beneficiary, or to any other changesin the policy.

(14) A standard provision limiting the time Limitation

within which suit may be brought upon the policy "oionas follows:

14. No action at law or in equity shall be brought Form.

to recover on this policy prior to the expiration ofsixty days after proof of loss has been filed in ac-cordance with the requirements of this policy, norshall such action be brought at all unless broughtwithin two years from the expiration of the timewithin which proof of loss is required by the policy.

(15) A standard provision relative to time iiations.

limitations of the policy as follows:. 15. If any time limitation of this policy with Form.

respect to giving notice of claim or furnishing proofof loss is less than that permitted by the law of thestate in which the insured resides at the time thispolicy is issued, such limitation is hereby extendedto agree with the minimum period permitted bysuch law. No such policy shall be so issued or de-livered which contains any provision (1) relativeto cancellation at the instance of the insurer; or(2) limiting the amount of indemnity to a sum lessthan the amount stated in the policy and for whichthe premium has been paid; or, (3) providing forthe deduction of any premium from the amount paidin settlement of claim; or, (4) relative to other in-surance by the same insurer; or, (5) relative to theage limits of the policy; unless such provisions

Onr. 124] 291

SESSION LAWS, 1929.

which are hereby designated as optional standardprovisions, shall be in the words and in the orderin which they are hereinafter set forth, but theinsurer may at its option omit from the policy anysuch optional standard provision. Such optionalstandard provisions if inserted in the policy shallimmediately succeed the standard provisions namedin this section.

(1) An optional standard provision relative toCancellation cancellation of the policy at the instance of theof policyby insurer. insurer as follows:

16. The insurer may cancel this policy at anyForm. time by written notice delivered to the insured or

mailed to his last address, as shown by the recordsof the insurer, together with cash or the insurer'scheck for the unearned portion of the premiumsactually paid by the insured, and such cancellationshall be without prejudice.to any claim originatingprior thereto.

(2) An. optional standard provision relative toReduction reduction of the amount of indemnity to a sum lessof indemnity, than that stated in the policy as follows:

17. If the insured shall carry with another com-Form. pany, corporation, association or society other in-

surance covering the same loss without giving writ-ten notice to the insurer, then in that case the in-surer shall be liable only for such portion of theindemnity promised as the said indemnity bearsto the total amount of like indemnity in all policiescovering such loss, and for the return of such partof the premium paid as shall exceed the pro ratafor the indemnity thus determined.

Deduction (3A otoaprvsnof premium (3) An optional standard provision relative toon settlementof claim. deduction of premium upon settlement of claim as

follows:18. Upon the payment of claim hereunder any

Form. premium then due and unpaid or covered by anynote or written order may be deducted therefrom.

292 [CH. 124

SESSION LAWS, 1929.

(4) An optional standard provision relative to Ornce

other insurance by the same insurer which shall be i me

in such one of the following forms as may be ap-propriate to the indemnities provided, and in theblank spaces of which the insurer shall insert suchupward limits of indemnity as are specified by theinsurer's classification of risks, filed as required bysection 187 of this act.

(A) 19. If a like policy or policies, previously Form.issued by the insurer to the insured be in force con-currently herewith, making the aggregate indemnityin excess of $........, the excess insurance shallbe void and all premiums paid for such excess shallbe returned to the insured.

(B) 19. If a like policy or policies, previously Form.

issued by the insurer to the insured be in force con-currently herewith, making the aggregate indemnityfor loss of time on account of disability in excessof $........ weekly, the excess insurance shall bevoid and all premiums paid for such excess shallbe returned to the insured.

(C) 19. If a like policy or policies, previously Form.

issued by the insurer to the insured be in force con-currently herewith, making the aggregate indemnityfor loss other than that of time on account of dis-ability in excess of $........, or the aggregate in-demnity for loss of time on account of disability inexcess of $........ weekly, the excess insurance ofeither kind shall be void and all premiums paid forsuch excess shall be returned to the insured.

(5) An optional standard provision relative to Age limits,

the age limits of the policy which shall be in thefollowing form and in the blank spaces of whichthe insurer shall insert such number of years as itmay elect:

20. The insurance under this policy shall not Form.

cover any person under the age of ...... years norover the age of ...... years. Any premium paid

OH. 124] 293

SESSION LAWS, 1929.

to the insurer for any period not covered by thispolicy will be returned upon request.

SEC. 4. That chapter 49 of the Laws of 1911 beAdds J 187-c amended by adding thereto a new section, to beto Chap. 49,Laws 1911.' known as section 187-c, to read as follows:

Section 187-c. No policy of insurance againstpolicy to or damage from the sickness, or the bodily in-

containingprovisions jury or death of the insured by accident shall becontradictory uof law. issued or delivered in this state if it contains any

provision contradictory, in whole or in part, of anyof the provisions of section 187-b of this act desig-nated as "Standard provisions" or as "Optionalstandard provisions"; nor shall any endorsementor attached papers vary, alter, extend, be used as asubstitute for, or in any way conflict with any ofthe said "Standard provisions" or the said "Op-tional standard provisions"; nor shall such policybe so issued or delivered if it contains any provisionpurporting to make any portion of the charter, con-stitution or by-laws of the insurer a part of thepolicy unless such portion of the charter, constitu-tion or by-laws shall be set forth in full in the policy,but this prohibition shall not be deemed to applyto any statement of rates or classification of risksfiled with the insurance commissioner in accordancewith the provisions of section 187 of this act.

SEc. 5. That chapter 49 of the Laws of 1911Adds p 187-d be amended by adding thereto a new section, to beto Chap. 49,Laws 1911. known as section 187-d, to read as follows:

FalseSection 187-d. The falsity of any statement inFtatement the application for a policy of insurance against lossrecovery, or damage from the sickness, or the bodily injury

or death of the insured by accident shall not bar theright to recovery thereunder unless such false state-ment was made with actual intent to deceive or un-less it materially affected either the acceptance ofthe risk or the hazard assumed by the insurer.

294 [CH. 124

SESSION LAWS, 1929.

The acknowledgment by any insurer of the re- Acknowledg-

bynotice, orceipt of notice given under any policy covered by furnishing

sections 187, 187-a and 187-c, or the furnishing of % eta'ceof proofs,

forms for filing proofs of loss, or the acceptance of no waivyrof rights of

such proofs, or the investigation of any claim there- insurer.

under shall not operate as a waiver of any of therights of the insurer in defense of any claim arisingunder such policy.

No alteration of any written application for in- Alteration ofapplication.

surance by erasure, insertion or otherwise, shall bemade by any person other than the applicant with-out his written consent, and the making of any suchalteration without the consent of the applicant shallbe a misdemeanor. If such alteration shall be made Alteration

by agent.by any officer of the insurer, or by any employee ofthe insurer with the insurer's knowledge or con-sent, then such act shall be deemed to have beenperformed by the insurer thereafter issuing thepolicy upon such altered application.

SEc. 6. That chapter 49 of the Laws of 1911 be Add §8-e

amended by adding thereto a new section, to be Laws 1911.

known as section 187-e, to read as follows:Section 187-e. A policy of insurance against loss Policy

or damage from the sickness, or the bodily injury volatio of

or death, of the insured by accident, issued in-viola-tion of sections 187, 187-a, 187-b, 187-c and 187-d ofthis act shall be held valid but shall be construedas provided in said sections and when any provisionin any such policy is in conflict with any provisionsof said sections the rights, duties and obligationsof the insurer, the policy holder and the beneficiaryshall be governed by the provisions of said sections.

Adds §187-fSEC. 7. That chapter 49 of the Laws of 1911 be to Chap. 49,

amended by adding thereto a new section, to be Law. 1ext.

known as section 187-f, to read as follows:Section 187-f. Nothing in sections 187, 187-a,

187-b, 187-c, 187-d and 187-e of this act shall applyto or affect any policy of liability or workmen's com-

CH. 124] 295

SESSION LAWS, 1929.

Liability orpestowoakmn's pensation insurance or any general or blanket policyinsunraion of insurance issued to any municipal corporation orassociations, teef n hte

olice or fire department thereof, or to any employer whether adepartmentor group corporation, co-partnership, association or individ-insurancenot affected. ual, or to any police or fire department, under-

writer's corps, salvage bureau, or to any associa-tion of fifty or more members having a constitutionor by-laws and formed in good faith for purposesother than that of obtaining insurance where notless than seventy-five per centum of the membersor employees are insured for their individual benefitagainst specified accidental bodily injuries or sick-ness while exposed to the hazards of the occupationor otherwise in consideration of a premium intendedto cover the risks of all the persons insured undersuch policy.

SEC. 8. That chapter 49 of the Laws of 1911 beAdds 187-g amended by adding thereto a new section, to beto Chap. 49,Laws 1911. known as section 187-g, to read as follows:

Section 187-g. Nothing in this act shall applyLife or to or in any way affect contracts of life or endow-endowmentor supple- r~~mental ment insurance or contracts supplemental thereto,insurancecontracts where such contracts or supplemental contracts con-not affected. tain no provisions relating to accident or health

insurance except accidental death benefits and exceptsuch as operate to safeguard such insurance againstlapse, or to give a special surrender value or anannuity providing for payments during the lifetimeof the insured, with or without reduction of the suminsured in the event that the insured shall be totally

mepl- and permanently disabled from any cause: Provided,contract to Tht sccotatiuebe submitted That no such supplemental contract shall be issuedto insuranceCoMi - or delivered to any person in this state unless andsioner forapproval, until a copy of the form thereof has been submitted

to and approved by the insurance commissioner,under such reasonable rules and regulations as heshall make concerning the provisions in such con-tracts and their submission to and approval by him.

296 [CH. 124

SESSION LAWS, 1929.

SEC. 9. That chapter 49 of the Laws of 1911 Ads 87-h

be amended by adding thereto a new section, to be Laws 191.

known as section 187-h, to read as follows:Section 187-h. The provisions of this act con- Transporta-

. tion tickettained in clause (5) of section 187-a and clauses (2), poicies may

omit(3), (8) and (12) of section 187-b may be omitted provisions.

from transportation ticket policies sold only attransportation company ticket offices by transporta-tion company employees.


CHAPTER 125.[H. B. 97.]

NOXIOUS WEEDS.

AN AcT relating to noxious weeds and providing for the creationand organization of weed districts, the election of directorstherefor, and defining their powers and duties and repealingcertain acts relating thereto.


SECTION 1. The boards of county commissioners couty com-

of the respective counties may create a weed dis- may createdistricts for

trict or districts within their counties and enlarge destruction.

any district, or reduce any district or create or com-bine or consolidate the districts, or divide or createnew districts, from time to time, in the manner here-inafter provided, for the purpose of destroying,preventing and exterminating, or to prevent theintroduction, propagation, cultivation or increase of,any particular weed, weeds or plants, or all weeds orplants, including scotch broom, which are now ormay hereafter be classed by the department of agri-culture of the State of Washington as noxious weeds,or plants detrimental to or destructive of crops,

OH. 125] 297

SESSION LAWS, 1929.

Districte fruit, trees, shrubs, valuable plants, forage, or otherinclude one fritesshusvaubepatfrgoohr

laon of agricultural plants or produce. Any such districtboundaries. shall include not less than one section of land, and

the boundaries thereof shall be along an establishedroad, railroad, scab, uncleared or grazing land, orproperty line, or established lines, or some naturalboundary, and shall include only cultivated or f arm-ing lands and shall not include any scab, unclearedor grazing land, except such as shall lie wholly with-

Farming in cultivated or farming lands within the district,landsincluded. or which lie adjacent to such cultivated or farming

lands and which are infested with the particularweed or weeds to be destroyed, prevented and ex-terminated by such district: Provided, That any

Farming quarter section of land, or lesser legal subdivisionlands o eadefined, in single ownership, fifty per cent of which is culti-

vated or farming land, shall be considered cultivatedand farming land within the meaning of this act.

SEC. 2. Any one or more freeholders owningPetition more than fifty per cent of the acreage desired tofiled.

be included within the proposed weed district mayfile a petition with the board of county commission-ers praying that their land be included, eitherseparately or with other lands included in the peti-tion, in a weed district to be formed for the purposeof destroying, preventing or exterminating any oneor all such weeds, or that such lands be includedwithin a district already formed, or a new districtor districts to be formed out of any district or dis-

Petition * tricts then existing. Such petition shall state theto stateboundaries boundaries of the proposed district, the approxi-of proposeddistrict, etc. mate number of acres in the proposed district, the

particular weed or weeds to be destroyed, preventedor exterminated, the general method or means tobe used in such work, and shall contain a list of allknown land owners within the proposed district,together with the addresses of such land owners.Upon the filing of such petition the board of county

298 [CH. 125

SESSION LAWS, 1929.

commissioners shall fix a time for a hearing thereon, Petitionfiled.

and shall give at least thirty days' notice of the daefind.

time and place of such hearing by posting copies ofsuch notice in three conspicuous places within theproposed district, one copy of which shall be at the Notice ofhearing

main entrance to the court house, and by mailing given.

a copy of such notice to each of the land ownersnamed in the petition at the address therein named,and if any of the land described in the petition beowned by the state, a copy thereof shall be mailedto the state land commissioner at Olympia.

SEc. 3. At the time and place fixed for such o inghearing the board of county commissioners shall dctemine

districtdetermine whether such weed district shall be and

created and if such board determines that such dis- boundaries.

trict shall be created, it shall fix the boundariesthereof, but shall not modify the purposes of thepetition with respect to the weed or weeds to bedestroyed, prevented and exterminated as set forthin this petition, and shall not enlarge the boundariesof the proposed district, or enlarge or change theboundary or boundaries of any district or districtsalready formed without first giving notice to allland owners interested as provided in section 2 ofthis act. If the board shall determine that the weeddistrict petitioned for shall be created it shall passa resolution to that effect and shall assign a number District to

be numbered.to such weed district which shall be the lowestnumber not already taken or adopted by a weeddistrict in such county, and thereafter such districtshall be known as "Weed District No......... of

............. County," inserting inthe first blank the number of the district and in thesecond the name of the county in which the districtis organized.

SEc. 4. If the board of county commissioners Meetingcalled for

establish such district it shall call a special meeting election ofdirectors.

to be held within such district for the purpose of

OH. 125] 299

Qa iictoon electing three directors for such district. Nopersonshall be eligible to hold the office of director who isnot a qualified elector of the State of Washingtonand a resident and land owner within such district.

Datifog Such meeting shall be held not less than thirty normore than ninety days from the date when such

Notice. district is established by such board. Notice ofsuch meeting shall be given by the county auditorby publication once a week for three successive weeksin a newspaper of general circulation in such district,and by posting such notice for not less than tendays before the date fixed for such meeting in threepublic places within the boundaries of such district.

Contents The notices shall state the object of the meetingof notice.

and the time and place when the same shall be held.At the time and place fixed for the meeting thecounty commissioner in whose commissioner dis-

Chairman trict such district is located shall act as chairmanof meeting. and call the meeting to order. The chairman shall

appoint two persons to assist him in conducting theelection, one of whom shall act as clerk. If suchcounty commissioner be not present the electors ofsuch district then present shall elect a chairman of

Qualifecation the meeting. Every person over twenty-one yearsof electors.

of age who is a land owner within such district anda qualified elector of the State of Washington shall

Challenges. be entitled to vote at such meeting. Any personoffering to vote may be challenged by any legallyqualified elector of such district, and the chairmanof such meeting shall thereupon administer to theperson challenged an oath in substance as follows:

Oath. "You do swear (or affirm) that you are a citizenof the United States and a qualified elector of theState of Washington and an owner of land withinthe boundaries of weed district No........... of

.... . ..........county (giving number ofdistrict and name of county)." If the challengedperson shall take such oath or make such affirma-

300 SESSION LAWS, 1929. [Ca. 125

SESSION LAWS, 1929.

tion, he shall be entitled to vote; otherwise his vote l'ae

shall not be received. Any person making a falseoath, or affirmation, or any person illegally votingat such meeting, shall be punished as provided inthe general election laws of the state for illegalvoting. The vote shall be by secret ballot, on white Seret

paper of uniform size and quality, of such arrange-ment that when names are written thereon, thesame may be folded so as not to disclose the names.The elector shall write the names of three persons Three

names onthat he desires as the first directors of such dis- ballots.

trict and shall fold his ballot and hand the same tothe chairman of the meeting who shall deposit itin a ballot box provided for that purpose. Theclerk shall thereupon write the name of such personon a list as having voted at such election. Afterall persons present and entitled to vote have voted,the chairman shall declare the election closed, andshall, with the assistance of the clerk and the other canvass of

vote.person appointed as assistant, proceed to count theballots. The person receiving the greatest number Directors

elected,of votes shall be elected as director for a term term.

ending three years from the first Monday in Marchfollowing his election; the person receiving thesecond greatest number of votes shall be electedfor a term ending two years from the first Mondayin March following his election, and the person re-ceiving the third greatest number of votes shall beelected for a term ending one year from the firstday of March following his election. Annually there- Annual

after, there shall be held a meeting of the electors meeting.

of such district on the first Monday in February.At such meeting one director shall be elected tosucceed the director whose term will expire on thefirst Monday in March following. The directorsshall call the annual meeting, and shall fix the time Time and

place ofand place where the same shall be held and shall holding.

give the same notice thereof as provided for the

CH. 125] 301

SESSION LAWS, 1929.

on uting. initial meeting. The annual meeting shall be con-ducted in the same manner as is provided for theinitial meeting, and the qualifications of electorsat such annual meeting shall be the same as isrequired for the initial meeting. All directors shallhold office for the term for which they are elected,and until their successors are elected and qualified.

Vacancyin In case of a vacancy occurring in the -office of anydirector soffice filled director, the county commissioners of the county inby appoint--h omsioescutment ofcommis- which such district is located, shall appoint a quali-sioners. fled person to fill the vacancy for the unexpired

term. The board of directors shall elect one of itsmembers chairman and may appoint a secretary whoneed not be a member of the board, and who shallbe paid such compensation as the board may de-

Bond of termine. Each director shall furnish a bond indirector. the sum of one thousand dollars, which may be a

surety company bond or property bond approvedby the board of county commissioners, which bondshall be filed with the county commissioners andshall be conditioned for the faithful discharge of

Cost of his duties. The cost of such bond shall be paid bybond.the district the same as 'other expenses of the dis-trict. At any annual meeting the method for des-troying, preventing and exterminating weeds of such

Business district as set forth in the petition, and the rulesof annualmeeting. and regulations adopted by such district, may be

changed by a majority vote of the qualified electorspresent at such meeting, or a special meeting maybe called for that purpose, notice of which meetingand of such proposed changes to be voted on,shall be given to all land owners residing within

Changes of the district by mailing a copy of such notice and ofsuch proposed changes to the address of such landowner at least one week before the date fixed forsuch special meeting.

County SEC. 5. At the time of establishing such district,commis-sioners to and annually thereafter, the county commissionerslevy tax.

302 [CH. 125

SESSION LAWS, 1929.

shall levy a tax upon all taxable property located insuch district in such an amount as will producesufficient revenue to operate such district. In casethe levy so fixed is inadequate, upon request of theboard of directors, the county commissioners shallhold a public hearing upon ten days' notice, mailedto all land owners within such district, and at whichhearing the county commissioners shall, if they deemthe levy theretofore inadequate, increase the amount tIrease

of such levy. The county treasurer shall be ex-officio treasurer of such district and the county as-sessor and other county officers shall take notice ofthe formation of such district and of the tax levymade by the county commissioners and shall extendthe tax on the tax roll against the property liable Tax

extendedtherefor the same as other taxes are extended, and on tax rolls.

such tax shall become a general tax against suchproperty, and shall be collected and accounted foras other taxes, with the terms and penalties theretoattached. The moneys collected from such tax shallbe paid into a fund to be known as "Fund of Weed Fund.

D istrict ........... of ................................................ County"(giving the number of district and name of county).All expenses in connection with the operation of Payments

from.such district, including the expenses of initial andannual meetings, shall be paid from such fund, uponvouchers approved by the board of directors of suchdistrict. No district shall contract any obligation inany year in excess of the revenues which will beavailable during the current year from the tax levymade in the preceding year.

SEC. 6. Any city or town contiguous to or sur- cities ortowns

rounded by a weed district formed under this act contiguousto district

shall provide for the destruction, prevention and ex- to providefor weed

termination of all weeds specified in the petition destruction.

which are within the boundaries of such city or town,in the same manner and to the same extent as isprovided for in such surrounding or contiguous weed

OH. 125] 303

SESSION LAWS, 1929.

district; and it shall be the duty of those in chargeof school grounds, playgrounds, cemeteries, parks,or any lands of a public or quasi public naturewhen such lands shall be contiguous to, or withinany weed district, to see that all weeds specified inthe petition for the creation of such district are de-stroyed, prevented and exterminated in accordancewith the rules and requirements of such district.

SEC. 7. Any lands owned by any individualLands wholly or partly within the United States govern-within mn d eevto

S. Reser- ment Indian reservation may be included within avations. weed district formed under this act, and shall be

subject to the same rules, regulations and taxes asother lands within the district; and the board ofdirectors of any weed district are authorized to ar-range with the officer or agent in charge of anyUnited States lands, within or contiguous to anysuch district, for the destruction, prevention and ex-termination of weeds on such government lands.

SEC. 8. Whenever there shall be included withinonty any weed district any lands belonging to the county,

aments the boards of county commissioners shall determinethe amount of the taxes for which such lands wouldbe liable if the same were in private ownership, andthe county commissioners shall appropriate fromthe current expense fund of the county sufficient

State lands, money to pay such amounts. Whenever any statepaymentsfor. lands shall be located within any weed district the

county treasurer shall certify annually and forwardto the commissioner of public lands, or, if the landsare occupied by or used in connection with any stateinstitution, to the director of business control, astatement showing the amount of the tax to whichsuch lands would be liable if the same were in pri-vate ownership, separately describing each lot orparcel, and the commissiolier of public lands, or thedirector of business control, as the case may be, shallcause a proper record to be made in their respective

[CH. 125304

SESSION LAWS, 1929.

offices of the charges against such lands, and shallcertify the same to the state auditor thirty daysprevious to the convening of the biennial session ofthe legislature, and the state auditor shall, at thenext session of the legislature thereafter certify tothe legislature the amount of such charges againstsuch lands, and the legislature shall provide for pay-ment of such charges to the weed district by an ap-propriation out of the general fund of the statetreasury, with interest at six per cent per annumon the amount of such charges, and without penal-ties.

SEC. 9. The board of directors of such weed dis- Board ofdirectors

trict shall have power: powers-rules and

(1) To adopt rules and regulations, plans, regulations.

methods and means for the purpose of destroying,preventing and exterminating the weed or weedsspecified in the petition, and to supervise, carry outand enforce such rules, regulations, plans, methodsand means.

(2) To appoint a weed inspector and to require Appointweedfrom him a bond in such sum as the directors may inspectors.

determine for the faithful discharge of his duties,and to pay the cost of such bond from the funds ofsuch district; and to direct such weed inspector inthe discharge of his duties; and to pay such weedinspector from the funds of such district such perdiem for the time employed in the discharge of hisduties as the directors shall determine.

SEC. 10. It shall be the duty of the weed in- Duties ofweed

spector to carry out the directions of the board of inspector.

directors and to see that the rules and regulationsadopted by the board are carried out. He shallpersonally deliver to each resident land owner withinsuch district and to any lessee or person in chargeof any land within such district and residing in suchdistrict, a copy of the rules and regulations of such regulatins

delivereddistrict; and he shall personally deliver a copy to land

owners.

OH. 125] 305

SESSION LAWS, 1929.

thereof to non-resident land owners or shall deposita copy of the same in the United States post office inan envelope addressed to the last known address ofsuch person as shown by the records of the countyauditor; and in event no such address is availablefor mailing he shall post a copy of such rules andregulations in a conspicuous place upon such land.

Recordkept by A record shall be kept by the weed inspector of suchinspector. dates of mailing, posting or delivering such rulesRailroads. and regulations. In case of any railroad such rules

and regulations shall be delivered to the sectionforeman, or to any official of the railroad havingoffices within the state. Such rules and regulationsmust be delivered, posted or mailed by the weed in-spector as herein provided at least ten days beforethe time to start any annual operations necessary tocomply with such rules and regulations: Provided,That after such district shall have been in operationtwo years such rules and regulations shall be deliv-ered to resident land owners only once every threeyears, unless such rules and regulations are changed.

SEC. 11. If the weed inspector, or the board ofInspector directors shall find that the rules and regulations offiles listof delin- the weed district are not being carried out on anyquentlandswith prose- one or more parcels of land within such district, hecutingattorney. or they shall file with the prosecuting attorney of the

county lists of such lands within the district, to-- gether with a statement of the kind of work, andtime that such work should be done to comply withsuch rules and regulations. Upon receipt of suchlists it shall be the duty of the prosecuting attorney

Names of to secure from the county auditor and the countyOWners,lessees, etc. treasurer the names of owners, lessees, mortgagees

and occupants of such land so far as shown by therecords of such offices, together with the place ofresidence or addresses of such persons, as shownby such record; and it shall be the duty of the countyauditor and county treasurer to furnish such infor-

306 [CH. 125

SESSION LAWS, 1929.

mation to the prosecuting attorney. Upon receiving Prosecutingattorney to

such information the prosecuting attorney shall pre- peepare a notice directed to each of such land owners,lessees, mortgagees and occupants which shall re-quire the persons named therein to cause the noxiousweeds'to be cut down or destroyed according to therules and regulations of the district, within ten daysfrom the time of serving, mailing or posting saidnotices as in this act provided. Said notice shall be service on

residentsserved on all residents of the county in which such and non-

lands are situated by serving the same personally inthe same manner as is provided by law for the serv-ice of a summons in the superior court; and on allnon-residents of the county whose address or placeof residence is shown by the records in the office ofsuch auditor or treasurer, by mailing a copy of suchnotice by registered mail to such person at theaddress shown; and in all cases where the addressor place of residence is unknown, by posting a copyof said notice in a conspicuous. place on the land infull view of the traveling public. In case of a returnof "not found" as to any such persons whose ad-dress or place of residence is unknown, posting ofthe notices as herein provided, shall be a sufficientservice thereof. It shall be the duty of the county County

auditor toauditor to keep a record book in which he shall cause keeprecord

to be entered the names, addresses or places of resi- book.

dence of any person, firm -or corporation who maynotify him of their desire to be registered thereinand of their desire to be notified by registered mailat the place of residence or address given, of anyproceedings had under this act affecting any landsof which they may be the owners, lessees, mortgageesor occupants; and the sending by registered mail ofany notice or statement provided for under this actto said person or persons, firm or corporation at theplace of residence or address given shall constitutea sufficient service under this act. It shall be the

OH. 125] 307

Sheriff to duty of the sheriff to serve such notices for the pros-servenotices. ecuting attorney, and to make returns of "not

found" as to any non-resident, and to file the proofof service with the board of directors of such dis-trict. The prosecuting attorney shall mail any ofsuch notices required to be mailed by this act.' If the

Weed person named in said notice fails, refuses or neglectsinspectorto destroy to cut down and destroy such noxious weeds accord-weeds.

ing to the rules and regulations of the district, with-in ten days after the date of serving, mailing orposting said notices as in this act provided, the weedinspector shall personally or with such assistance ashe may require, enter upon such lands and causesaid noxious weeds to be destroyed with as littledamage to growing crops as may be.

SEc. 12. The weed inspector shall keep an ac-Expense curate account of expenses incurred by him in car-account . .kept by rying out the provisions of this act with respect toweedinspector. each parcel of land entered upon, and the prosecut-

ing attorney of the county shall cause to be served,mailed or posted in the same manner as provided inthis act for giving notice to destroy noxious weeds,a statement of such expenses, including description

Notice of of the land, verified by oath of the weed inspectorhearing on.

to the owner, lessee, mortgagee, occupant or agent,or person having charge of said land, and coupledwith such statement shall be a notice subscribed bysaid prosecuting attorney and naming a time andplace when and where such matter will be broughtbefore the board of directors of such district forhearing and determination, said statement or noticeto be served, mailed or posted, as the case may be,at least ten days before the time for such hearing.At the time of such hearing, or at such time to which

Board to the same may be continued or adjourned by saidpass onclaim. directors, the board shall proceed to examine said

claim, or testimony if offered, and shall make andenter an order upon the minutes of said meeting

308 SESSION LAWS, 1929. [Cii. 125

SESSION LAWS, 1929.

that said claim, or so much thereof as shall bedeemed just and proper, shall be paid out of thefund for such weed district. Costs of serving, mail- costs of

servinging and posting shall be added to any amount so and mailing

found to be due and shall be collected at the sametime and in the same manner as other charges underthis act.

SEC. 13. At the time when the board of directors cost of

of such district authorize the payment of the claim weedto betax agis

for cutting said weeds as provided in section 12 of lands.

this act, it shall make an order that the amount soallowed and paid from such fund shall be a taxon the land on which said work was done after theexpiration of ten days from the date of the entryof said order, unless an appeal be taken as in thisact provided, in which event the same shall becomea tax at the time the amount to be paid shall be de-termined by the court; and the county treasurer shallenter the same on the tax rolls against the land for Entered on

tax rolls.the current year and collect it, together with penaltyand interest, as other taxes are collected, and whenso collected the same shall be paid into the fundfor such weed district: Provided, That a failure toserve, mail or post any of the notices or statementsprovided for in this act, shall not invalidate saidtax, but in case of such failure the lien of such taxshall be subordinate and inferior to the interests ofany mortgagee to whom notice has not been givenin accordance with the provisions of this act.

SEC. 14. Any interested party may appeal from Appeals tosuperior

the decision and order of the board of directors of courtfrom

such district to the superior court of the county in board.

which such district is located, by serving writtennotice of appeal on the chairman of the board ofdirectors and by filing in the office of the clerk ofthe superior court a copy of said notice of appealwith proof of service attached, together with a good Noticd

and sufficient cost bond in the sum of two hundred

Oni. 125] 309


dollars, said cost bond to run to such district and inall respects to comply with the laws relating to costbonds required of non-resident plaintiffs in the su-

Service of perior court. Said notice must be served and-filednotice.

within ten days from the date of the decision andorder of such board of directors, and said bondmust be filed within five days after the filing ofsuch notice of appeal. Whenever notice of appealand the cost bond as herein provided shall have beenfiled with the clerk of the superior court, the clerkshall notify the board of directors of such districtthereof, and such board shall forthwith certify tosaid court all notices and records in said matters,together with proof of service, and a true copy ofthe order and decision pertaining thereto made by

No appeal, such board. If no appeal be perfected within tencoimed. days from the decision and order of such board, the

same shall be deemed confirmed and the board shallcertify the amount of such charges to the countytreasurer who shall enter the same on the tax rollsagainst the land. When an appeal is perfected thematter shall be heard in the superior court de novoand the court's decision shall be conclusive on all

Appeals to persons served under this act: Provided, That ansupremecourt. appeal may be taken to the supreme court from the

order or decision of the superior court in the man-ner provided by existing laws, and upon the con-clusion of such appeal, the amount of charges andcosts adjudged to be paid shall be certified by theclerk of the superior court to the county treasurerand said treasurer shall proceed to enter the sameon his rolls against the lands affected.

SEC. 15. Any weed district heretofore organ-

weed ized under any law of the State of Washington maydistrictsre-onized become a weed district under the provisions of thisunder act. act and entitled to exercise all the powers and sub-

ject to the limitations of a weed district organizedunder this act by the election of three directors for

310 [CH. 125

SESSION LAWS, 1929.

such weed district which shall be done in the samemanner as is provided in this act for the election ofthe first directors of a district organized under thisact.

SEC. 16. That chapter 34 of the Session Laws Statutesrepealed.of 1907, page 45; chapter 150 of the Laws of 1921,pages 563 to 568; chapter 60 of the Laws of 1911,pages 327 to 329, and chapter 106 of the Laws of1913, pages 305 to 311, are hereby repealed.


CHAPTER 126.[H. B. 147.]

PROPERTY SUBJECT TO TAXATIONS AND EXEMPTIONS.

AN AcT relating to exemption from taxation of property ownedby veterans' organizations, and amending Section 7, Chapter130 of the Laws of the Extraordinary Session of 1925.


SECTION 1. That section 7 of chapter 130 of the Amends§ 7, Chap.

laws of the Extraordinary Session of 1925, pages 230 130, Lawspag Ex. Session

to 234, be amended to read as follows: 192.

Section 7. All real and personal property now All realand personalexisting, or that shall be hereafter created or propertysubject tobrought into this state, shall be subject to assess- assessmentand taxation

ment and taxation for state, county and other tax- as 1.ing district purposes as provided by law, upon equal-ized valuations thereof, fixed with reference theretoon the first day of March at 12 o'clock meridian, ineach and every year in which the same shall be listed,except as hereinafter provided.

The following property, to the extent herein lim- Exemptions.

ited, shall be exempt from taxation:

CH. 1261] 311

SESSION LAWS, 1929.

First: All lands used exclusively for publiccemeteries. burying grounds or cemeteries, all churches built

and supported by donations whose seats are free toChurches all, and the grounds whereon such churches are

built, not exceeding one hundred and twenty feet bytwo hundred feet in quantity, together with a parson-age: Provided, That in any case the area exemptedshall include all ground covered by such churchesand parsonages and the structures and ground neces-sary for street access, light and ventilation, butthe area of unoccupied ground exempted in connec-

oeuned tion with both church and parsonage under thising 120x120. proviso shall not exceed the equivalent of 120 by 120

feet. The parsonage need not be on land contiguousto the church property if the total area exempteddoes not exceed the area above designated: Pro-vided, That such grounds are used wholly for church

Non-sec- purposes and not otherwise; also the property oftarianorganiza- other non-sectarian organizations or associations,tions. organized and conducted primarily and chiefly for

religious purposes and not for profit, which shall bewholly used, or to the extent solely used for thereligious purposes of such association, or for theeducational, benevolent, protective or social depart-ments growing out of, or related to, the religiouswork of such associations: Provided, Such purposesare for the general public good and such properties

Art, scien- are devoted to the general public benefit; also alltific or his-torical art, scientific or historical collections of associations,collections. maintaining and exhibiting such collections for the

benefit of the general public and not for profit; alsoProperty of all the property of all organizations and societieswar veterans'organiza- of veterans of any war of the United States recog-tions. nized as such by the United States War Department,

which shall have national charters, and which shallhave for their general purposes and objects, thepreservation of the memories and associations in-cident to their war service and the consecration of

312 [Ci. 126

SESSION LAWS, 1929.

the efforts of their members to mutual helpfulnessand to patriotic and community service to state andnation, provided such property shall be primarilyused in such manner as may be reasonably necessaryto carry out the purposes and objects of such so-cieties.

Second: All property, whether real or personal, Property ofU.Sstate,belonging exclusively to the United States, the state, county.

any county or municipal corporation.Third: All fire engines and other implements Fire engines

and equip-used for the extinguishment of fires, with the build- ment for

extinguish-

ing used exclusively for the safekeeping thereof, and ing fires.

for the meetings of fire companies, providing thatsuch belongs to any town or fire company organizedtherein.

Fourth: All free public libraries, orphanages, Free publiclibraries,

orphan asylums, institutions for the reformation of orphanages,orphan

fallen women, homes for the aged and infirm, and asylums,homes for

hospitals for the care of the sick, when such institu- indndtions are supported in whole or in part by public hospitals.

donations or private charity, and all of the incomeand profits of such institutions are devoted, afterpaying the expenses thereof, to the purposes of suchinstitutions, and the grounds, whenever such li-braries, orphanages, institutions, homes and hos-pitals are built and when used exclusively and nototherwise for the purposes in this subdivision enu-merated. In order to determine whether such li-braries, orphanages, institutions, homes and hos-pitals are exempt from taxes, within the true intentof this act, the state board of health, the county andcity authorities of the county and city wherein suchinstitutions are respectively situated, shall have ac-cess to the books of such institutions, and the in-stitution claiming exemption shall provide by itsarticles of incorporation that the mayor of the cityand the chairman of the board of county commis-sioners wherein such institution is located shall be

On. 126] 313

SESSION LAWS, 1929.

ex officio trustees thereof, and shall be notified ofeach and every meeting thereof, and shall have the

Oath of same powers as a trustee of such institution. Andsuperintend-ent or the superintendent or manager of the library, or-manager. phanage, institution, home or hospital claiming

exemption from taxation under this act shall makeoath before the assessor that the income and thereceipts thereof including donations to it, have beenapplied to the actual expenses of maintaining it, andto no other purpose. He shall also, under oath makeannual report to the state board of health of its re-ceipts and disbursements, specifying in detail thesources from which the receipts have been derivedand the object to which disbursements have been ap-plied, and shall furnish in the said report full andcomplete vital statistics for the use and informationof the state board of health, who may publish thesame in its annual report.

Fifth: All property, real and personal, ownedProperty of by any school or college in this state, supported inschool orcollege. whole or in part by gifts, endowments or charity, the

entire income of which said school or college, afterpaying the expenses thereof, is devoted to the pur-poses of such institution, and which is open to' all

Property persons upon equal terms: Provided, That saidused solelyfor educa- property is used solely for educational purposes (ortional pur-poses, the revenue therefrom be devoted exclusively to the

support and maintenance of such institution): Andprovided, further, That the real property so exempt

Not over shall not exceed ten acres in extent, and shall be usedten acres inextent. exclusively for college or campus purposes: Except,

however, That any school of collegiate grade and ac-Accredited credited by the state board of education shall be en-school ofcollegiate titled to an exemption of not more than forty acresgrade. of real property used exclusively for said purposes,

but no corporation shall be entitled to more than onesuch larger exemption, and where the college isunder the direction or control of any religious de-

314

[Cu. 126

SESSION LAWS, 1929.

nomination such larger exemption shall be allowedto one college only directed or controlled by suchreligious denomination: And provided, further,That real property owned or controlled by such in- Property

producingstitution and leased or rented by them for the pur- revenuenot exempt.

pose of deriving revenue therefrom shall not beexempt from taxation under the provisions of thissection: Provided, further, That the annual incomefrom such endowment is equal to or exceeds all in-comes from tuitions received by said institutions.Before any exemption provided, for by this subdivi-sion shall be allowed for any year, the institutionclaiming such exemption shall file with the county Institution

assessor of the county wherein such property is statementunder oath.

situated and subject to -taxation, on or before thefirst day of March in such year, a statement verifiedby the oath of the president, treasurer, or otherproper officer of such institution, containing a list ofall property claimed to be exempt, the purpose forwhich the same is used, the revenue derived from thesame for the preceding year, the use to which suchrevenue was applied, the number of students in at-tendance at such school or college, and the total rev-enues of the same with the source from which thesame was derived, and the purposes to which suchrevenues were applied, giving the items of suchrevenues and expenditures in detail. The county as-sessor of the county wherein such property is sub- ounr toject to taxation and such exemption is claimed, shall hoaoaes

at all times have access to the books and records ofsuch institution in order to determine whether anyproperty claimed to be exempt from taxation shouldbe exempted under the provisions of this section.

Sixth: The personal property of each head of $ooo exemp-

a family or widow liable to assessment and taxation head offamily orof which such individual is the actual and bona fide widow.

owner to an amount of three hundred dollars: Pro-vided, That each person shall list all of his personal

CH. 126] 315

property for taxation and the county assessor shalldeduct the amount of the exemption authorized bythis section from the total amount of the assessmentand assess the remainder.

Seventh: The property owned by humane so-scete cieties in this state in actual use by such societies notnot exceed-ing $10,000 exceeding ten thousand dollars in taxable valuevalue. owned by any society.

Passed the House February 21, 1929.Passed the Senate March 6, 1929.Approved by the.Governor March 20, 1929.

CHAPTER 127.[H. B. 218.]

TAX INVESTIGATION COMMISSION.

AN AcT authorizing the Governor to appoint a commission to in-vestigate, in conjunction with the state tax commission, thesubject of taxation, to employ assistants in making such in-vestigation, requiring said commission to report thereon,and making an appropriation therefor.


SEcTION 1. That the governor of the State ofGovernor to Washington be and he is hereby empowered to ap-appoint 9members. point an advisory commission of nine (9) members,

who shall serve without compensation, and whoseduties shall be, in conjunction with the state taxcommission, to investigate the entire subject of tax-ation.

SEc. 2. That said advisory commission shall,Assistants. with the approval of the governor, employ such as-

sistants as may be necessary to make a thorough andcomprehensive investigation and study of the en-tire subject of taxation.

Report. SEC. 3. That said advisory commission, in con-junction with the state tax commission, shall report

316 SESSION LAWS, 1929. [Cir. 127

SESSION LAWS, 1929.

their findings and recommendations to the governor,regarding the subject of taxation, at least six (6)months before the meeting of the next Legislatureand the governor shall transmit such findings andrecommendations to the Legislature on the openingday of the next session.

SEc. 4. The members of said advisory commis- Expenses.

sion shall be entitled to receive their actual travelingand other expenses while engaged in official duties.

SEC. 5. There is hereby appropriated from the Appropria-

general fund to the governor of the State of Wash- tion $35,000.

ington the sum of thirty-five thousand dollars ($35,-000.00), or so much thereof as may be necessary tobe expended upon his personal vouchers to pay theexpenses of said investigation.


CHAPTER 128.[H. B. 385.]

INSURANCE.

AN ACT relating to insurance and amending Section 7080 of Rem-ington's Compiled Statutes.


SECTION 1. That section 7080 of Remington's Amends§ 7080, Rem.

Compiled Statutes be amended to read as follows: comp. stat.

Section 7080. It shall be unlawful for any in- Risks in

surance company admitted to, do business in this pla cedonlythrough

state to write, place or cause to be written or placed, residentagents.

any policy of insurance covering risks located inthis state, except through or by a duly authorizedlicensed agent of such company residing and doingbusiness in this state: Provided, That a non-res-

Ci. 128] .317

SESSION LAWS, 1929.

anresidnt ident may be licensed to solicit and write life in-and writelife surance in this state if, under the laws of the stateInsurance. of his residence, residents of Washington may be

licensed to solicit and write life insurance in suchstate. All insurance written in this state by suchnon-resident licensed agent shall be reported and

Reported included in the annual statement required by sectionIn annualstatement. 7071 of Remington's Compiled Statutes and taxed

as therein provided: And provided further, Thatwhere the insured calls at the principal office of the

Insurance company and requests a policy, the risk may beoffice, covered and the policy procured through the duly

authorized agent in the territory wherein the riskis located: And provided further, That a licensemay be granted to a non-resident special agent au-thorizing such agent to work with and assist local

Special agents in this state in writing business, but in allagents.such cases the local agent is to retain his full com-missions.

Each non-resident special'agent granted a licenseNon-resi- under this provision shall pay an annual fee of fivedentlicense fee, dollars ($5.00), and all licenses issued therefor shall$5.00.

expire on the thirty-first day of March subsequentto the date of issue: Provided, That a non-residentmay be licensed to solicit and write life insurancein this state if, under the laws of the state of his

Reciprocal residence, residents of Washington may be licensedto solicit and write life insurance in such state.


318 [CHi. 128

SESSION LAWS, 1929.

CHAPTER 129.[H. B. 395.1

LIFE INSURANCE.

AN ACT relating to life insurance and amending Section 7242-1of Remington's Compiled Statutes of Washington.


SECTION 1. That section 7242-1 of Remington's Amends§ 7242-1

Compiled Statutes of Washington be amended to Rem. Comp.

read as follows:Group life

Section 7242-1. Group life insurance is hereby insurancedefined.

declared to be that form of life insurance coveringnot less than twenty-five employees with or withoutmedical examination, written under a policy issuedto the employer, the premium on which is to be paidby the employer or by the employer and the em-ployees jointly, and insuring only all of his em- Premiumpayments.

ployees, or all of any class or classes thereof de-termined by the conditions pertaining to the em-ployment, for amounts of insurance based upon someplan which will preclude individual selection, for thebenefit of persons other than employer: Provided,however, That when the premium is to be paid bythe employer and employees jointly and the benefitsof the policy are offered to all eligible employees,not less than seventy-five per centum of such em-ployees may be so insured. Life insurance cover- Labor

union

ing the members of a labor union written under a members.

policy issued to such labor union is hereby declaredto be group life insurance and such labor union shallbe deemed to be an employer and the membersthereof shall be deemed to be employees within themeaning of this act.


CH. 129.] 3 19

SESSION LAWS, 1929.

CHAPTER 130.[H. B. 406.]

INITIATIVE AND REFERENDUM.

AN ACT to facilitate the operation of the provisions of Section 1of Article II of the constitution relating to the initiative andreferendum and amending section 26 of Chapter 138 of theLaws of 1913.


SECTION 1. That section 26 of chapter 138 of thed 5422em. Laws of 1913, (section 5422 of Remington's Com-

Comp.Stat. piled Statutes) be amended to read as follows:Section 26. The person, persons, committee or

Proponents organization filing any initiative or referendum pe-of measuremay file tition proposing a measure, or ordering a refer-argumentswith secre- endum for submission to the people, and any othertary of state.

citizen or committee or organization of citizens shallhave the right at the time of filing such petitionor within ten days after such petition has been ac-cepted and filed, to file with the secretary of statefor printing and distribution arguments advocatingthe proposed measure or referendum, and any citi-zen or committee or organization of citizens may,

Opposition within twenty days after such petition has beenargument, accepted and filed, file an argument in opposition

to such measure or referendum for printing and dis-tribution, Provided, That not more than two sepa-rate arguments advocating such measure of referen-dum and not more than three separate arguments in

Printed and opposition thereto shall be printed by and distrib-distributedat state uted at the expense of the state. If more than twoexpense.

arguments advocating or more than three argumentsin opposition to such measure or referendum arefiled, the secretary of state shall forthwith notify thepersons filing the arguments advocating or in opposi-tion to such measure or referendum of that fact,and if the persons filing such arguments do not agree

320 [CH. 130.

SESSION LAWS, 1929.

among themselves within thirty days after the ac-ceptance and filing of such petition as to which ofsaid arguments shall be printed by the state, the sec-retary of state shall select for printing, binding anddistribution, in addition to the argument advocatingsuch measure filed by the persons proposing thesame, one additional argument, and shall select threearguments in opposition to such measure, to beprinted by the state. In making such selections thesecretary of state shall select the argument advocat- Selection of

argumentsing and the three arguments in opposition to the by secre-tary of state.

measure which he shall consider the strongest, tak-ing into account the arguments proposed and theform in which they are presented. If in the opinionof the secretary of state any argument for or againsta measure offered for filing contain any obscene,vulgar, profane, scandalous, libelous, defamatoryor treasonable matter or any language tending toprovoke crime or a breach of the peace, or any lan-guage or matter the circulation of which through themails is prohibited by any act of congress, the see- Refusal to

file.retary of state shall refuse to file such argument:Provided, That the person submitting such argumentfor filing may appeal to a board of censors consist- Board of

ing of the governor, the attorney general and the censors,

superintendent of public instruction, and the deci-sion of a majority of such board shall be final. Eachsuch argument either for or against the measureshall not exceed two pages of the pamphlet herein-after required to be published by the state and shallcontain the serial designation and number of themeasure and state the name of the person or organi-zation advancing it. The person or organizationfiling such argument shall at the time of filing the Deposit to

cover cost.same deposit with the secretary of state sufficientmoney, the amount to be estimated by the secretaryof state, to cover the increased cost of paper for,the printing and binding of such argument. In the

-11

CH. 130.] 321

SESSION LAWS, 1929.

Measures caeobyptininitiated by case of measures initiated by petition and submittedpeiutroe. to the legislature and rejected by the legislature

either with or without. alternative measures pro-posed by the legislature, and alternatives passed bythe legislature in lieu thereof, the person, committeeor organization proposing the measure may like-wise within six months after the adjournment of thesession of the legislature at which such measure was

Arguments. submitted file an argument in support of the initia-tive measure, and may file an argument against thealternative measure, if any, and other citizens with-in six months after the adjournment of such sessionof the legislature may file arguments in support ofor against such initiative measure or alternativemeasure and the legislature may by resolution filean argument in support of the alternative measure.

metsfo- But only two arguments in support of each measure,eachmeasure. in addition to the argument filed by the proponents

of the measure, and by the legislature, shall beprinted by and distributed at the expense of thestate, and if the persons filing arguments do notagree among themselves as to what arguments shallbe printed the secretary of state shall select argu-

Bills passed ments to be printed. Arguments for and againstand referredto people by bills passed and referred to the people by the legis-legislatureand con- ltr nldnstitutiona lature, including amendments to the constitutionamendments. proposed by the legislature, shall be filed, within

six months after the adjournment of the session ofthe legislature at which such bills were passed, orconstitutional amendments proposed, and selectedand printed in the same manner.


322 [Ca. 130.

SESSION LAWS, 1929.

CHAPTER 131.[H. B. 107.]

SOCIAL, CHARITABLE AND EDUCATIONALASSOCIATIONS.

AN ACT relating to social, charitable and educational associations,and amending Chapter 75 of the Session Laws of 1907 (Sec-tion 3878 of Remington's Compiled Statutes).


SECTION 1. Chapter 75, section 1, Session Laws Amends§ 3878 Rem.1907 (section 3878 of Remington's Compiled Stat- Comp. stat.;§ 4625

utes of Washington, section 4625 Pierce's Code) is Pierce'sCode.

amended to read as follows:Section 3878. The corporation may prescribe By-laws.

by its by-laws the manner in which, and the officersand agents by whom the purposes of its incorpora-tion may be carried out. The corporation may hold Powers.

real and personal estate, and may hire, purchase orerect suitable buildings for its accommodation, to bedevoted to the purposes set forth in its agreementof association, and may receive and hold in trust,or otherwise, funds received by gift or bequest, tobe devoted by it to such purposes. And for the pur- Bonds, notes,

poses of thecorporation shall have power to issue gg

its promissory notes, bonds or other obligations, tobe secured by mortgages on its real estate and otherproperty in such manner as may be provided by itsby-laws. The board of trustees shall have power Board of

trustees,to sell or dispose of the whole or any part of the powers.

property, either real or personal, which the corpor-ation may from time to time own, and to acquireother property. Where such corporation has ac- Real estate

personalquired real estate the trustees of the corporation property.

may by resolution entered in its minutes classifyportions of its real estate as held for investment, en-dowment or annuity purposes, and where so class-ified such real estate may be disposed of by its

CH. 131.] 323

board of trustees as provided in its by-laws, or ifthe by-laws so provide, it may be disposed of by anexecutive committee between regular meetings of

Sale. the trustees. Other real estate of the corporationshall not be sold or disposed of unless the board oftrustees is authorized so to do by the vote of two-thirds of all the stock represented or two-thirds ofthe members present at a meeting called for thatpurpose, written notice of which shall have been

30 days' given to all stockholders or members at least thirtynotice.

days previous thereto by mail, in such manner asshall be provided by the by-laws, which two-thirdsvote must comprise at least a majority of all thestock or of the members of the corporation. Suchnotice shall set forth in full the matter or proposi-tion to be considered at such meeting. Voting byproxy shall be allowed at such meeting.


324 SESSION LAWS, 1929. [CH. 131.

SESSION LAWS, 1929.

CHAPTER 132.[H. B. 414.]

WORKMEN'S COMPENSATION AND MEDICAL AID.

AN ACT relating to the compensation and medical, surgical andhospital care and treatment and the welfare and safety ofworkmen engaged in extra-hazardous employments, and tothe compensation of the dependents of such workmen incase of death, and to the liability of the employers of work-men so engaged for such compensation and cost of such careand treatment, and to the collection of industrial insuranceand medical aid premiums or assessments and fixing thepriority thereof, and providing for injunction for non-pay-ment thereof, and relating to the liability of third parties foraccidents occurring to such workmen, and providing for theextension of the benefits of this act to non-extra-hazardousemployments, and amending Section 7675, 7679, 7681, 7682,7696 and 7697 of Remington's Compiled Statutes.


SECTION 1. That section 7675 of Remington's Amends§ 7675 Rem.Compiled Statutes be amended to read as follows: comp. stat.

Section 7675. In the sense of this act words em- Definitions.

ployed mean as here stated, to-wit:

Factories mean undertakings in which the busi- Factories.

ness of working at commodities is carried on withpower-driven machinery, either in manufacture,repair or change, and shall include the premises,yard and plant of the concern, except when other-wise expressly stated.* Workshop means any plant, yard, premises, room Workshop.

or place wherein power-driven machinery is em-ployed and manual labor is exercised by way oftrade for gain or otherwise in or incidental to theprocess of making, altering, repairing, printing orornamenting, finishing or adapting for sale or oth-erwise any article or part of article, machine orthing, over which premises, room or place the em-ployer of the person working therein has the right

CH. 132.] 325

SESSION LAWS, 1929.

of access or control, except when otherwise expresslystated.

Mill. Mill means any plant, premises, room or placewherein machinery is used, any process of ma-chinery, changing, altering or repairing any articleor commodity for sale or otherwise, together withthe yards and premises which are a part of theplant, including elevators, warehouses and bunkers,except when otherwise expressly stated.

Mine. Mine means any mine where coal, clay, ore, min-eral, gypsum or rock is dug or mined underground.

Quarry. Quarry means an open cut from which coal ismined, or clay, ore, mineral, gypsum, sand, gravelor rock is cut or taken for manufacturing, buildingor construction purposes.

Engineering Engineering work means any work of construe-tion, improvement or alteration or repair of build-ings, structures, streets, highways, sewers, streetrailways, railroads, logging roads, interurban rail-roads, harbors, docks, canals, electric, steam orwater power plants, telegraph and telephone plantsand lines, electric light or power lines, and includesany other works for the construction, alteration orrepair of which machinery driven by mechanicalpower is used, except when otherwise expresslystated.

Employer. Except when otherwise expressly stated, em-ployer means any person, body of persons, corpor-ate or otherwise, and the legal personal representa-tives of a deceased employer, all while engaged inthis state in any extra-hazardous work or who con-tracts with another to engage in extra-hazardouswork.

Workman. Workman means every person in this state, whois engaged in the employment of any employer com-ing under this act whether by way of manual laboror otherwise, in the course of his employment: Pro-vided, however, That if the injury to a workman is

326 ICa. 132.

SESSION LAWS, 1929.

due to the negligence or wrong of another not in Injury due tonegligence ofthe same employ, the injured workman, or if death anther not

result from the injury, his widow, children, or de- employ.

pendents, as the case may be, shall elect whether totake under this act or seek a remedy against suchother, such election to be in advance of any suitunder this section; and if he take under this act,the cause of action against such other shall be action as-

signed toassigned to the state for the benefit of the accident state.

fund; if the other choice is made, the accident fundshall contribute only the deficiency, if any, betweenthe amount of recovery against such third personactually collected, and the compensation providedor estimated by this act for such case: Provided, No action

can behowever, That no action may be brought against brought

against thirdany employer or any workman under this act as a person who

is under act.third person if at the time of the accident such em-ployer or such workman was in the course of anyextra-hazardous employment under this act. Anysuch cause of action assigned to the state may beprosecuted or compromised by the department, in compromise.

its discretion. Any compromise by the workman ofany such suit, which would leave a deficiency to bemade good out of the accident fund, may be madeonly with the written approval of the department.

Any individual employer or any member or offi- Employerand officer

cer of any corporate employer who shall be carried frco ag dupon the payroll at a salary or wage not less than to benefits.

the average salary or wage named in such payrolland who shall be injured, shall be entitled to thebenefit of this act as and under the same circum-stances, and subject to the same obligations, as aworkman: Provided, That no such employer or the Notice to be

given direc-beneficiaries or dependents of such employer shall tor that

employer isbe entitled to benefits under this act unless the direc- carried.on

tor of labor and industries prior to the date of theinjury has received notice in writing of the factthat such employer is being carried upon the payroll

CHi. 132.] 327

SESSION LAWS, 1929.

prior to the date of the injury as the result of whichclaims for a compensation are made.

Dependent means any of the following namedDependent. relatives of a workman whose death results from

any injury and who leave surviving no widow, wid-ower, or child under the age of sixteen years, viz:Invalid child over the age of eighteen years, daugh-ter between sixteen and eighteen years of age,father, mother, grandfather, grandmother, step-father, stepmother, grandson, granddaughter,brother, sister, half-sister, half-brother, niece,nephew, who at the time of the accident are actuallyand necessarily dependent in whole or in part fortheir support upon the earnings of the workman.Except where otherwise provided by treaty, aliensother than father or mother, not residing within theUnited States at the time of the accident are notincluded. A dependent shall at all times furnish tothe director of labor and industries proof satisfac-tory to-the director of labor and industries of thenature, amount and extent of the contribution madeby such deceased workman.

Beneficiary means a husband, wife, child or de-Beneficiary. pendent of a workman in whom shall vest a right to

receive payment under this act.Invalid. Invalid means one who is physically or mentally

incapacitated from earning.Child. The word "child" as used in this act, includes

a posthumous child, a step-child, a child legallyadopted prior to the injury and an illegitimate childlegitimated prior to the injury.

Injury. The word "injury" as used in this act means asudden and tangible happening, of a traumaticnature, producing an immediate or prompt result,and occurring from without, and such physical con-dition as results therefrom.

Hernia. The word "hernia" means a real traumatic her-nia resulting from the application of force which

328 [CH. 132.

SESSION LAWS, 1929.

either punctures or tears the abdominal wall, as dis-tinguished from all others _which are either congeni-tal or of slow development and not included withinthe meaning of the word "hernia."

The term "educational standard" shall mean Educationalstandard.

such standards as the supervisor of safety shallmake for the purpose of educating and training bothemployer and workman in the appreciation andavoidance of danger, and in the maintenance andproper use of safe place and safety device stand-ards.

SEc. 2. That section 7679 of Remington's Com- Amends47679 Rem.piled Statutes be amended to read as follows: Comp. Stat.

Section 7679. Each workman who shall be in- Workmanand depend-

jured in the course of his employment, or his family ents to re-ceive com-

or dependents in case of death of the workman, shall pensation.

receive out of the accident fund compensation inaccordance with the following schedule, and, exceptas in this act otherwise provided, such payment shallbe in lieu of any and all rights of action whatsoeveragainst any person whomsoever.

COMPENSATION SCHEDULE.

(a) Where death results from the injury the ex- ucheule-

penses of burial not to exceed one hundred dollars($100.00) in any case where the deceased was anunmarried man, or one hundred and fifty dollars($150.00) in any case where the deceased left awidow or an orphan child or children shall be paidto the undertaker conducting the funeral: Provided,That no sum shall be paid an undertaker for-the Undertaker.

burial expenses where the deceased left a widow oran orphan child or children unless the undertakershall make and file with the department an affidavitthat no part of the burial expenses have been eitherdirectly or indirectly paid by or charged to thewidow or orphan child or children.

CH. 132.] 329

SESSION LAWS, 1929.

idw or (1) If the workman leaves a widow or invalidwidoweIr. widower, a monthly payment of thirty-five dollars

($35.00) shall be made throughout the life of thesurviving spouse, to cease at the end of the month inwhich remarriage shall occur, and the survivingspouse shall also receive per month for each childof the deceased under the age of sixteen years atthe time any monthly payment is due the followingpayments: For the youngest or only child twelvedollars and fifty cents ($12.50), for the next or sec-

Children. ond youngest child seven dollars and fifty cents($7.50), and for each additional, child five dollars($5.00): Provided, That in addition to the monthlypayments above provided for, a surviving widow ofany such deceased workman shall be forthwith paidthe sum of two hundred and fifty dollars ($250.00).

Remarriage Upon remarriage of a widow she shall receiveof widow.

once and for all, a lump sum of two hundred fortydollars ($240.00), but the monthly payments for thechild or children shall continue as before.

Orphan. (2) If the workman leave no wife or husband,children..2

but an orphan child or children under the age ofsixteen years, a monthly payment of twenty-fivedollars ($25.00) shall be made to each such childuntil such child shall reach the age of sixteen years,but the total monthly payment shall not exceedseventy-five dollars ($75.00) and any deficit shallbe deducted proportionately among the beneficiaries.

Dependents. (3) If the workman leaves no widow, widoweror child under the age of sixteen years, but leavesa dependent or dependents, a monthly payment shallbe made to each dependent equal to fifty per centof the average monthly support actually receivedby such dependent from the workman during thetwelve months next preceding the occurrence of theinjury, but the total payment to all dependents inany case shall not exceed twenty dollars ($20.00)per month. If any dependent is under the age of

330 [CH. 132.

SESSION LAWS, 1929.

sixteen years at the time of the occurrence of theinjury, the payment to such dependent shall ceasewhen such dependent shall reach the age of sixteenyears. The payment to any dependent shall ceaseif and when, under the same circumstances, thenecessity creating the dependency would have ceasedif the injury had not happened.

If the workman is under the age of twenty-one Parents.

years and unmarried at the time of his death, theparents or parent of the workman shall receivetwenty dollars ($20.00) per month for each monthafter his death until the time at which he wouldhave arrived at the age of twenty-one years.

(4) In the event a surviving spouse receiving Death of

monthly payments shall die, leaving a child or chil- s'

dren under the age of sixteen years, such child orchildren shall receive each the sum of twenty-fivedollars ($25.00) per month until arriving at the age Payment toof sixteen years, but the total monthly payment children.

shall not exceed seventy-five dollars ($75.00) andany deficit shall be deducted proportionately amongthe beneficiaries.

(b) Permanent total disability means loss of Permanenttotal dis-both legs, or arms, of one leg and one arm, total ability.

loss of eyesight, paralysis or other condition perma-nently incapacitating the workman from performingany work at any gainful occupation.

When permanent total disability results from the Schedule of

injury, the workman shall receive monthly during payments.

the period of such disability:(1) If unmarried at the time of the injury, the Unm arried

sum of thirty-five dollars ($35.00).(2) If the workman have a wife or invalid hus- With wife,

or invalidband, but no child under the age of sixteen years, the husband.

sum of forty dollars ($40.00).If the husband is not an invalid the monthly pay- Husband

ment of forty dollars ($40.00) shall be reduced to not invalid.

CHr.132.]) 331

SESSION LAWS, 1929.

twenty dollars ($20.00) as long as they are livingtogether as husband and wife.

haif or (3) If the workman have a wife or husband andchildren. a child or children under the age of sixteen years,

or, being a widow or widower, having any such childor children, the monthly payment provided in thepreceding paragraph shall be increased by twelvedollars and fifty cents ($12.50) for the youngest oronly child, seven dollars and fifty cents ($7.50) forthe next or second youngest child, and five dollars($5.00) for each additional child under the age ofsixteen years.

Total perma- (4) In case of total permanent disability, if thenent dis- praeti hability suh character of the is such as to render the workas to require chrce fteinjury i uha orne h okattendant. man so physically helpless as to require the services

of a constant attendant, the monthly payment tosuch workman shall be increased twenty-five dollars($25.00) per month as long as such requirementshall continue, but such increase shall not obtain orbe operative while the workman is receiving careunder or pursuant to any of the provisions of sec-tions 7712 to 7725, inclusive, of Remington's Com-piled Statutes.

Death during (c) If the injured workman die, during theperiod of ijrdwria uiguipermanent period of permanent total disability, whatever thedisability. cause of death, leaving a widow, invalid widower or

child under the age of sixteen years, the survivingwidow or invalid widower shall receive thirty-fivedollars ($35.00) per month until death or remar-riage, to be increased per month for each child ofthe deceased under the age of sixteen years at thetime any monthly payment is due, as follows: Forthe youngest or only child twelve dollars and fiftycents ($12.50), for the next or second youngest child

* seven dollars and fifty cents ($7.50), and for eachadditional child five dollars ($5.00); but if suchchild is or shall be without father or mother, suchchild shall receive twenty-five dollars ($25.00) per

332 [CH. 132.

SESSION LAWS, 1929.

month until arriving at the age of sixteen years.Upon remarriage the payments on account of thechild or children shall continue as before to suchchild or children.

An invalid child while being supported and i n state

cared for in a state institution shall not receive com- institution.

pensation under this act. If an injured workman,or the surviving spouse of an injured workman,shall not have the custody of a minor child for, oron account of, whom payments are required to bemade under this section, such payment or paymentsshall be made to the person having the lawful cus-tody of such minor child.

(d) (1) When the total disability is only tem- WhttalI

porary, the schedule of payments contained in para- only tern-

graphs (1), (2) -and (3) of the foregoing subdivi-sion (b) shall apply, so long as the total disabilityshall continue, (2) but if the injured workman havea wife or husband and have no child or have a wifeor husband, or being a widow or widower, with oneor more children under the age of sixteen years, thecompensation for the case during the first sixmonths of such lesser period of time as the totaltemporary disability shall continue, shall be permonth as follows, to-wit: Injured workman whosehusband is not an invalid, twenty-two dollars andfifty cents ($22.50); injured workman having onechild, whose husband is not an invalid, thirty dol-lars ($30.00); injured workman having two childrenwhose husband is not an invalid, thirty-seven dollarsand fifty cents ($37.50); injured workman havingthree children, whose husband is not an invalid,forty-five dollars ($45.00); injured workman havingfour or more children, whose husband is not an in-valid, fifty-two dollars and fifty cents ($52.50) ; in-jured workman with wife or invalid husband and nochild, forty-two dollars and fifty cents ($42.50);injured workman with wife or invalid husband and

Ou. 132.] 333

.one child, or being a widow or widower and havingone child, fifty-two dollars and fifty cents ($52.50);injured workman with a wife or invalid husbandand two children, or being a widow or widower andhaving two children, sixty dollars ($60.00), and fivedollars ($5.00) for each additional child.

Should a workman suffer a temporary total dis-Wages paid ability, and should his employer, at the time of hisby employer

arinyem injury, continue to pay him the wages which he wasdisability. earning at the time of such injury, such injured

workman shall not receive any payment providedin paragraph (d) subdivision (1) from the accidentfund during the period his employer shall so paysuch wages.

(3) If such temporary total disability shall en-Temporary dure longer than said six months' period, the sched-total disabil-ity continues ule of compensation contained in paragraphs (1),for longerthan six /moants (2) and (3) of the foregoing subdivision (b) shall

at the end of said six months' period again obtain.(4) As soon as recovery is so complete that the

Earning present earning power of the workman, at any kindpower ofworkman of work is restored to that existing at the time ofrestored.

the occurrence of the injury, the payments shallcease. If and so long as the present earning poweris only partially restored, the payments shall con-tinue in the proportion which the new earning powershall bear to the old. No compensation shall be pay-able out of the accident fund unless the loss of earn-ing power shall exceed five per cent.

No payment No payment shall be made to or for a naturalfor naturaland at same child of a deceased workman, and at the same time,time asstep child. as the step-child of a deceased workman.Reserve fund (e) There is hereby created in the office of thecreated.

state treasurer a fund to be known and designatedas the reserve fund out of which shall be made thepayments specified in this section for all cases ofdeath or permanent total disability including futurepayments to be made for the cases of that character

334 SESSION LAWS, 1929. [Ca. 132.

SESSION LAWS, 1929.

which have heretofore arisen. Into the reserve fundthere shall be forthwith placed all unexpendedfunds, in cash or invested, heretofore set aside forcases requiring a reserve. For every case resulting Transfer

from acci-in death or permanent total disability hereafter aris- dent to re-

serve fund.ing it shall be the duty of the department to maketransfer on their books from the accident fund ofthe proper class to the reserve fund a sum of moneyfor that case equal to the estimated present cashvalue of the monthly payments provided for it, tobe calculated upon the basis of an annuity coveringthe payments in this section provided to be made forthe case. Such annuities shall be based upon tables Annuities

tables pre-to be prepared for that purpose by the state insur- pared by in-surance com-

ance commissioner and by him furnished to the state missioner.

treasurer, calculated upon standard mortality tableswith an interest assumption of four (4) per centper annum.

The department shall notify the state treasurer Reservefund, invest-

from time to time of such transfers as a whole and ment.

the state treasurer shall invest the reserve in eitherstate capitol building bonds issued to take up capitolbuilding warrants now outstanding, or in the classof securities provided by law for the investment ofthe permanent school fund, and the interest or otherearnings of the reserve fund shall become a part ofthe reserve fund itself. The department shall, onOctober 1st of each year, apportion the interest or Apportion-

ment of-other earnings of the reserve fund as certified to it interest.

by the state treasurer, to the various class reservefunds according to the average class balance for thepreceding year. As soon as possible after October1 st of each year, beginning in the year 1927, thestate insurance commissioner shall expert the re-serve fund of each class to ascertain its standing asof October 1st, of that year, and the relation of itsoutstanding annuities at their then value to the cashon hand or at interest belonging to that fund. He

Cia. 133.] 335

SESSION LAWS, 1929.

shall promptly report the result of his examinationto the department and to the state treasurer in writ-ing not later than December 31st, following. If thereport shows that there was on said October 1st, inthe reserve fund of any class in cash or at interest agreater sum than the then annuity value of the out-standing pension obligations of that class, the sur-plus shall be forthwith turned over to the accidentfund of that class, but if the report shows the con-trary condition of any class reserve, the deficiencyshall be forthwith made good out of the accident

State treas- fund of that class. The state treasurer shall keepurer to keepaccounts of accurate accounts of the reserve fund and the invest-reserve fund.

ment and earnings thereof, to the end that the totalreserve funds shall at all times, as near as may be,be properly and fully invested, and to meet currentdemands for pension or lump sum payments may, ifnecessary, make temporary loans to the reservefund out of the accident fund for that class, repay-ing same from the earnings of that reserve fund orfrom collections of its investments, or, if necessary,sales of the same.

(f) Permanent partial disability means the lossPermanent of either one foot, one leg, one hand, one arm, onepartial dis-

fined. de- eye, one or more fingers, one or more toes, any dis-location where ligaments were severed where repairis not complete, or any other injury known in surg-.ery to be permanent partial disability. For the per-manent partial disabilities here specifically de-scribed, the injured workman shall receive compen-sation as follows:

LOSS BY AMPUTATION

Schedule of Of one leg so near the hip that an artificial limb cannotpayments. be worn....................................... $3,000 00

Of one leg at or above the knee so that an artificiallimb can be worn............................... 2,280 00

Of one leg below the knee........................... 1,560 00Of great toe with metatarsal bone thereof ............. .480 00Of great toe at the proximal joint..................... 300 00Of great toe at the second joint....................... 105 00

336 [Cir. 132.


Of one other toe other than the great toe with metatar-sal bone thereof.................................. 165 00

Of second toe at proximal joint....................... . 75 00Of third toe at proximal joint......................... 75 00Of fourth toe at proximal joint ....................... . 75 00Of fifth toe at proximal joint......................... 30 00Of metatarsal bone on toe other than great toe........ .. 90 00Of one arm so near the shoulder that an artificial arm

cannot be worn.................................. 3,000 00Of the major arm at or above the elbow............... 2,280 00Of forearm at upper third............................ 2,100 00Of the major hand at wrist........................... 1,920 00Of thumb with metacarpal bone thereof ............... .720 00Of thumb at proximal joint........................... 480 00Of thumb at second joint............................. 180 00Of index or first finger at proximal joint.............. 390 00Of index or first finger at second joint................. 330 00Of index or first finger at distal joint .................. 150 00Of middle or second finger at proximal joint........... .300 00Of middle or second finger at second joint............. .250 00Of middle or second finger at distal joint.............. .. 90 00Of ring or third finger at proximal joint............... .270 00Of ring or third finger at second joint................. 210 00Of ring or third finger at distal joint ................. . 90 00Of little or fourth finger at proximal joint ............. .105 00Of little or fourth finger at second joint ............... 75 00Of little or fourth finger at distal joint ................ 30 00Of metacarpal bone in finger except thumb............ .. 75 00

MISCELLANEOUS.

Loss of one eye by enucleation........................ 1,440 00Loss of sight of one eye............................. 1,080 00Complete loss of hearing in both ears................. 2,280 00Complete loss of hearing in one ear................... 600 00Complete broken arch in foot......................... 600 00

Compensation for any other permanent partial Other pera-nent partial

disability shall be in the proportion which the ex- disability.

tent of such other disability shall bear to that abovespecified, which most closely resembles and approxi-mates in degree of disability such other disability,but not in any case to exceed the sum of two thou-sand four hundred dollars ($2,400.00): Provided,That for an ankylosed joint the award shall not ex-ceed thirty (30) per cent of the specified amount forthe amputation of the member at the disabled joint:And provided, further, That for disability to a mem-

CH. 132.]

SESSION LAWS, 1929.

ber not involving amputation, not more than three-fourths (3/4) of the foregoing respective specifiedsums shall be paid. Provided, further, That pay-ment for any injury to minor hand or arm or anypart thereof, shall not exceed ninety-five (95) percentum of the amounts hereinbefore enumerated.

If the injured workman be under the age ofInjured twenty-one years and unmarried, the parents orworkmanunder legal parent shall also receive a lump sum payment equalage and un-married. to ten per cent of the amount awarded the minor

workman.(g) Should a further accident occur to a work-

Further acci- man who has been previously the recipient of a lumpdent afterlump sum sum payment under this act, his future compensa-payment. tion shall be adjudged according to the other provi-

sions of this section and with regard to the combinedeffect of his injuries and his past receipt of moneyunder this act.

Should a workman receive an injury to a memberInjury to or part of his body already from whatever causemember orpart of body permanently partially disabled, resulting in the am-already per- prily~sueipartially putation thereof or in an aggravation or increase indisabled. such permanent partial disability but not resulting

in the permanent total disability of such workman,his compensation for such permanent partial dis-ability shall be adjudged with regard to the previousdisability of the injured member or part and the de-gree or extent of the aggravation or increase of dis-ability thereof.

Should any further accident result in the perma-Further acci- nent total disability of such injured workman, hedent result-ing in shall receive the pension to which he would be en-permanenttotaldisability. titled notwithstanding the payment of a lump sum

for his prior injury.(h) If aggravation, diminution, or termination

Aggravation, of disability takes place or be discovered after thediminutionor termina- rate of compensation shall have been established ortion of dis-ability. compensation terminated, in any case the director

338 [Cia. 132.

SESSION LAWS, 1929.

of labor and industries, through and by means of thedivision of industrial insurance, may, upon the ap-plication of the beneficiary, made within three yearsafter the establishment or termination of such com-pensation, or upon his own motion, readjust for fur-ther application the rate of compensation in accord-ance with the rules in this section provided for thesame, or in a proper case terminate the payment:Provided, Any such applicant whose compensationhas heretofore been established or terminated shallhave three years from the taking effect of this actwithin which to apply for such readjustment.

No act done or ordered to be done by the direc- Readjust-ment.

tor of labor and industries, or the department ofindustrial insurance, prior to the signing and filingin the matter of a written order for such readjust-ment, shall be ground for such readjustment: Pro-vided, however, That if within the time limited fortaking an appeal from an order closing a claim, thedepartment shall order the submission of furtherevidence or the investigation of any further fact,the time for appeal from such order closing theclaim shall be extended until the applicant shall havebeen advised in writing of the final order of the de-partment in the matter.

(i) A husband or wife of an injured workman, Husband orwife living in

living in a state of abandonment for more than one state ofabandon-

year at the time of the injury or subsequently, shall ment.

not be a beneficiary under this act. A wife who haslived separate and apart from her husband for theperiod of two years and who has not, during thattime, received, or attempted by process of law tocollect, funds for her support or maintenance, shallbe deemed living in a state of abandonment.

(j) If a beneficiary shall reside or remove out Beneficiaryresiding or

of the state the department may, in its discretion, moving out

convert any monthly payments provided for suchcase into a lump sum payment (not in any case to

CH. 132.] 339

SESSION LAWS, 1929.

exceed the value of the annuity then remaining, tobe fixed and certified by the state insurance commis-sioner, but in no case to exceed the sum of four thou-sand dollars ($4,000.00).

No compen- (k) No workman injured after June 30th, 1923sation forryitree shall receive or be entitled to receive compensation

as fonow- out of the accident fund for or during the day onwhich injury was received or the three days follow-ing the same.

Pre-existing (1) If it be determined by the department oflabor and industries that an injured workman had,at the time of his injury, a pre-existing disease andthat such disease delays or prevents complete recov-ery from such injury the said department shall ascer-tain, as nearly as possible, the period over whichthe injury would have caused disability were it notfor the diseased condition and/or the extent of per-manent partial disability which the injury wouldhave caused were it not for the disease, and awardcompensation only therefor.

mndse SEC. 3. That section 7681 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:

Section 7681. In case of death or permanentDeath or total disability the monthly payment provided maypermanent.total dis- be converted, in whole or in part, into a lump sumability maybe converted payment (not in any case to exceed four thousand

ntentig dollars ($4,000.00), equal or proportionate as the$4,000. case may be to the value of the annuity then remain-

ing, to be fixed and certified by the state insurancecommissioner, in which event the monthly paymentshall cease in whole or in part accordingly or pro-portionately. Such conversions may only be madeafter the happening of the injury and upon the writ-ten application of the beneficiary (in case of minorchildren the application may be by either parent)to the department, and shall rest in the discretion ofthe department. Within the rule aforesaid theamount and value of the lump sum payment may be

[CH. 132.340

SESSION LAWS, 1929.

agreed upon between the department and the benefi-ciary. In the event any payment shall be due to analien residing in a foreign country, the departmentmay settle the same by making a lump sum paymentin such amount as may be agreed to by such alien,not to exceed 50% of the value of the annuity thenremaining.

Nothing herein contained shall preclude the de- Departmentauthorizedto makepartment from making, and authority is hereby lump sum

given it to make, on its own motion, lump sum pay- payment.

ments equal or proportionate, as the case may be, tothe value of the annuity then remaining, in full satis-faction of claims due to dependents.

SEC. 4. That section 7682 of Remington's Com- Amends§ 7682 Rem.

piled Statutes be amended to read as follows: Comp. Stat.

Section 7682. (a) If any employer shall de- Default ofpayment by

fault in any payment to the accident fund or the employer.

medical aid fund, the sum due shall be collected byaction at law in the name of the state as plaintiff,and such right of action shall be in addition to anyother right of action or remedy. If such default beafter demand, there shall also be collected a penalty Penalty.

equal to twenty-five per centum of the amount ofthe defaulted payment or payments, and the com-mission may require from the defaulting employer Bond may

be required.a bond to the state for the benefit of the accidentand medical aid funds, with surety to their satis-faction, in the penalty of double the amount of theestimated payments which will be required fromsuch employer into the said funds for and during theensuing one year, together with any penalty or pen-alties incurred. In case of refusal or failure after Action by

attorneywritten demand personally served to furnish such general.

bond, the state in an action brought by the attorneygeneral in its name shall be entitled to an injunctionrestraining such delinquent from prosecuting anextra-hazardous occupation or work until such bondshall be furnished, and until all delinquent pre-

CH. 132.] 341

SESSION LAWS, 1929.

miums, penalties, interest and costs are paid, con-ditioned for the prompt and punctual making of allpayments into said funds during said periods, andany sale, transfer or lease attempted to be made bysuch delinquent during the period of any of the de-faults herein mentioned, of his works, plant or leasethereto shall be invalid until all past delinquenciesare made good, and such bond furnished.

(b) All actions for the recovery of such pay-Actions for ments shall be brought in the superior court and inrecovery ofpayments, all cases of probate, insolvency, assignment for the

benefit of creditors, or bankruptcy, the claim of the

lien in bank- state for payments due herein shall be a lien priorruptcy, etc. to all other liens, except taxes, and the mere exist-

ence of such cases or conditions shall be sufficientto create such lien without any prior or subsequentaction by the state, and it shall be the duty of alladministrators, receivers or assignees for the benefitof creditors to notify the department of such admin-istration, receivership or assignment within thirty(30) days from date of their appointment and qual-ification. In any action or proceeding brought forthe recovery of payments due upon the payroll ofan employer, the certificate of the department thatan audit has been made of the payroll of such em-ployer pursuant to the direction of the departmentand of the amount of such payroll for the periodstated in the certificate shall be prima facie evidenceof such fact.

(c) Separate and apart from and in addition toPrior lien. the foregoing provisions the claims of the state for

payments and penalties due under this act shall bea lien prior to all other liens, except taxes, not onlyagainst the interests of any employer, but againstthe interests of all others, in the real estate, plant,works, equipment and buildings improved, operatedor constructed by any employer, and also upon anyproducts or articles manufactured by such employer.

[CH. 132.342

SESSION LAWS, 1929.

The lien created by this subsection (c) shall atDate ofattaching.

tach from the date of the commencement of the laborupon such property for which such premiums aredue. In order to avail itself of the lien hereby cre-ated, the department shall, within four months aftersuch employer shall have made report of his payrolland shall have defaulted in the payment of his pre-miums thereupon, file with the county auditor of thecounty within which such property shall then be sit-uated a statement in writing describing in generalterms the property upon which a lien is claimed andstating the amount of the lien claimed by the depart-ment. If any employer shall fail, delay, or refuse tomake report of his payroll the lien hereby createdshall continue in full force and effect although theamount thereof be undetermined and the fourmonths' time within which the department shall fileits claim of lien shall not begin to run until the actualreceipt by the department of such payroll report.From and after the filing of such claim of lien, thedepartment shall be entitled to commence suit tocause such lien to be foreclosed in the manner pro-vided by law for the foreclosure of other liens onreal or personal property.

SEC. 5. That section 7696 of Remington's Com- A ends§ 7696 Rem.piled Statutes be amended to read as follows: Comp. Stat.

Section 7696. Any employer engaged in any oc- Non-hazard-OUS occupa-

cupation other than those enumerated or declared tions maybe broughtto be under this act as provided in section 7674 of under act.

Remington's Compiled Statutes may make writtenapplication to the director of labor and industriesto fix rates of contribution for such occupation forindustrial insurance and for medical aid, and there-upon it shall be the duty of the director of labor andindustries through the division of industrial insur-ance to fix such rate, which shall be based on the Rate.

hazard of such occupation in relation to the hazardsof the occupations for which rates are prescribed.

CH. 132.] 343

otin ofo When such rate shall be so fixed such applicant maycontributeuner acte file notice in writing with the supervisor of indus-

trial insurance, giving ten days' notice of his or itselection to contribute under this act, and shall forth-with display in a conspicuous manner about his orits works arid in a sufficient number of places toreasonably inform his or its workmen of the fact,printed notices furnished by the department statingthat he or it has elected to contribute to the acci-dent fund and the medical aid fund and stating whensaid election will become effective. Any workman

wor me to in the employ of such applicant shall be entitled atbecome sub-jecttoct.- any time within five days after the posting of said

notice by his employer, or within five days after hehas been employed by an employer who has electedto become subject to this act as herein provided, togive a written notice to such employer and to thedepartment of his election not to become subject tothis act. At the expiration of the time fixed by thenotice of such employer, the employer and such ofhis or its workmen as shall not have given suchwritten notice of their election to the contrary shallbe subjects to all -the provisions of section 7673 to7796 of Remington's Compiled Statutes, and entitledto all of the benefits thereof: Provided, however,That those who have heretofore complied with the

Previous foregoing conditions and are at the time of the pass-compliancewith s age of this amendment carried and considered by theconditions

department as within the purview of this act shallbe deemed and considered as having fully compliedwith its terms and shall be continued by the depart-ment as entitled to all of the benefits and all of theliabilities without other or further action.

Amends SEC. 6. That section 7697 of Remington's Com-l 7697 Rem.Comp. Stat. piled Statutes be amended to read as follows:Order, de- Section 7697. Whenever the department ofcision oraward of labor and industries has made any order, decisiondepartment.

or award, it shall promptly serve the claimant, em-

344 SESSION LAWS, 1929. [CH. 132.

SESSION LAWS, 1929.

CoyNotice ofployer or other person affected thereby, with a copy service.thereof by mail, which shall be addressed to suchclaimant, employer or person at his last known ad-dress as shown by the records of the department.Any claimant, employer or other person aggrievedby any such order, decision or award must, before Claimant

he appeals to the courts, serve upon the director of forr

labor and industries, by mail or personally, withinsixty days from the day on which such copy of suchorder, decision or award was communicated to theapplicant, an application for rehearing before thejoint board of said department, consisting of the Joint board,

personnel.

director of labor and industries, the supervisor ofindustrial insurance and the supervisor of safety.Such application shall set forth .in full detail the Application,contents.

grounds upon which the applicant considers suchorder, decision or award is unjust or unlawful, andshall include every issue to be considered by thejoint board, and it must contain a detailed statementof facts upon which such claimant, employer orother person relies in support thereof. The claim-ant, employer or other person shall be deemed to Waiverof

have waived all objections or irregularities concern-ing the matter on which such rehearing is soughtother than those specifically set forth in such appli-cation for rehearing or appearing in the records ofthe department. If the joint board, in its opinion, Opinion ofjoint board.

considers that the department has previously con-sidered fully all matters raised by such applicationit may, without further hearing, deny the same andconfirm the previous decision or award, or if theevidence on file with the joint board sustains the ap-plicant's contention, it may, without further hear-ing, allow the relief asked in such application; oth-erwise, it shall order a rehearing to decide the issuesraised. If a rehearing be granted it shall be heard Rehearinggranted.

in the county of the residence of the applicant ata place designated by the joint board, but the hear-

345OH. 132.])

SESSION LAWS, 1929.

ing thereof may be adjourned from time to time andfrom place to place within said county, as the con-venience of witnesses may require. Such rehearing

ehearing shall be de novo and summary, but no witness' tes-timony shall be received unless he shall first havebeen sworn to testify the truth, the whole truth andnothing but the truth in the matter being heard, orunless his testimony shall have been taken by depo-sition according to the statutes relating to superiorcourts of this state. The joint board shall cause alloral testimony to be stenographically reported and

Oral testi- thereafter transcribed, and when transcribed themony steno-graphically same, with all depositions, shall be fled in, and re-

main a part of, the record on the rehearing. Suchrehearing may be conducted by one or more of themembers of the joint board, or by some person orpersons in the regular employ of the department,duly commissioned by said board to conduct suchhearing, but the record on rehearing shall be consid-

Record con- ered by all of the members of said joint board, andsidered by allmembers. the decision of a majority of said joint board shall

be the decision of said joint board, and upon suchdecision being rendered all parties to said rehearingshall be given -written notice thereof by the jointboard.

An application for rehearing shall be deemed toAction by have been denied by the joint board unless it shallJoint board

in 0s have been acted upon within thirty days from thedate of service: Provided, however, That the jointboard may in its discretion, extend the time withinwhich it may act upon such application, not exceed-ing thirty days.

Each of the members of the joint board, andPower of those commissioned by it as aforesaid, shall havejoint board.

Administer power to administer oaths; to preserve and enforceoaths. order during such rehearing; to issue subpoenasIssue for, and to compel the attendance and testimony of,subpoenas,etc. witnesses, or the production of books, papers, docu-

346 [CH. 132.

SESSION LAWS, 1929.

ments and other evidence, or the taking of deposi-tions before any designated individual competentto administer oaths, and it shall be their duty so todo; to examine witnesses; and to do all things con-formable to law which may be necessary to enablethem, or any of them, effectively to discharge theduties of his office.

If any person in proceedings before the joint Disobedienceto orders ofboard disobeys or resists any lawful order or pro- joint board.

cess, or misbehaves during a hearing or so near theplace thereof as to obstruct the same, or neglects toproduce, after having been ordered so to do, anypertinent book, paper, or document, or refuses toappear after having been subpoenaed, or upon ap-pearing refuses to take oath as a witness, or afterhaving the oath refuses to be examined accordingto law, the joint board or any member thereof shallcertify the facts to the superior court having juris or torhear.

diction in the place in which said joint board ormember thereof is sitting; it shall thereupon, in asummary manner, hear the evidence as to the actscomplained of, and, if the evidence so warrants,punish such person in the same manner and to thesame extent as for a contempt committed before thecourt, or commit such person upon the same condi-tions as if the doing of the forbidden act had oc-curred with reference to the proceedings, or in thepresece, of the court.

Within thirty days after the final order of the Appeal tosuperior

joint board upon such application for rehearing has court.

been communicated to such applicant, or withinthirty days after rehearing is deemed denied asherein provided, such applicant may appeal to thesuperior court of the county of his residence, butupon such appeal may raise only such issues of lawor fact as were properly included in his applicationfor rehearing, or in the complete record in the de-partment. On such appeal the hearing shall be de

CH. 132.] 347

novo, but the appellant shall not be permitted tooffer, and the court shall not receive, in support ofsuch appeal, evidence or testimony other than, or inaddition to, that offered before the joint board orincluded in the record filed by the department:

emination. Provided, That the right of cross examination shallnot be limited by the testimony before the jointboard. The proceedings in every such appeal shallbe informal and summary, but full opportunity tobe heard shall be had before judgment is pro-

Appeal nounced. Such appeal shall be perfected by filingperfected. with the clerk of the court a notice of appeal and by

serving a copy thereof by mail, or personally, on thedirector of labor and industries. The departmentof labor and industries shall, within twenty daysafter receipt of such notice of appeal, serve and fileits notice of appearance and such appeal shall there-upon be deemed at issue. No bond shall be required

No bond on such appeal or on appeals to the supreme court,required. except that an appeal by the employer from a deci-

sion of the department under section 7683 of Rem-ington's Compiled Statutes shall be ineffectual un-less, within five days following the service of noticethereof, a bond, with surety satisfactory to the court,shall be filed, conditioned to perform the judgmentof the court. Except in the case last named an ap-

Jury may peal shall not be a stay. The calling of a jury shallbe called.rest in the discretion of the court, except that incases arising under sections 7683 and 7690 of Rem-ington's Compiled Statutes, either party shall be en-titled to a jury trial upon demand.

The department of labor and industries shallComplete serve upon the appellant and file with the clerk ofdepartment the court before trial, a certified copy of its completeto be filed. record on the claim, which shall, upon being so filed,

become a part of the record in such case.

If the court shall determine that the departmenthas acted within its power and has correctly con-

SESSION LAWS, 1929.348 [CH. 132.

SESSION LAWS, 1929.

strued the law and found the facts, the decision of Departmentdecision-the department shall be confirmed; otherwise, it nevrsedor

shall be reversed or modified. In case of a modifica- modified.

tion or reversal the superior court shall refer thesame to the department of labor and industries withan order directing it to proceed in accordance withthe findings of the court: Provided, That any awardshall be in accordance with the schedule of compen-sation set forth in this act.

It shall be unlawful for any attorney engaged in Attorney fee.

any such appeal to charge or receive any fee thereinin excess of a reasonable fee, to be fixed by the courtin the case, and if the decision of the joint boardshall be reversed or modified, such fee and the feesof medical and other witnesses and the costs shall Witnessfees and

be payable out of the administrative fund, if the acci- costs.

dent fund is affected by the litigation. In otherrespects the practice in civil cases shall apply. Ap- Appeal to

supremepeal shall lie from the judgment of the superior court.

court as in other civil cases. The attorney generalshall be the legal adviser of the joint board andshall represent it in all proceedings. In all court Attorney

general legal

proceedings under or pursuant to this act the deci- adviser.

sion of the department shall be prima facie correctand the burden of proof shall be upon the party at-tacking the same.

This act shall not affect any appeal pending or Pending11appeals not

right to appeal existing, at the time this act shall affected.

take effect.


Cti. 132.] 349

SESSION LAWS, 1929.

CHAPTER 133.[H. B. 247.]

TRANSFER OF ADMINISTRATION OF "BLUE SKY" LAW.

AN ACT relating to certain securities and transferring the dutyof administering and enforcing Chapter 69 of the Laws of1923 from the secretary of state to the director of licenses.


SECTION 1. That the exercise of all the powersPowers and and the performance of all the duties now vested in,duties ofsecretary of and required to be performed by the secretary ofstate trans-

director of ste under the provisions of chapter 69 of the Lawslicenses. of 1923, (same being sections 5853-1 to 5853-23 in-

clusive of Remington's Compiled Statutes; sections482-4 to 482-27 inclusive of Pierce's Code) are here-with transferred to the director of licenses. And thesecretary of state is herewith directed to turn overto the director of licenses all files, records and docu-ments of every nature and description now held byhim by virtue of his duties and powers under saidchapter 69 of the Laws of 1923.

SEC. 2. That all the provisions of sections 122,Certain 123 124 125 126 127 128 129 130 131 and 132 ofsections of

L1 21 chapter 7 of the Laws of 1921 wherever applicableaiale hereto shall have full force and effect in the trans-

ference of duties and authority affected by this act.Passed the House March 5, 1929.Passed the Senate March 12, 1929.Approved by the Governor March 20, 1929.

350 [CH. 133.

SESSION LAWS, 1929.

CHAPTER 134.[H. B. 156.]

FOREST FIRE HAZARDS.

AN ACT relating to forest fire hazards, providing for their abate-ment and the recovery of the costs thereof, and amendingSection 5807 of Remington's Compiled Statutes, and repeal-ing Section 5792 of Remington's Compiled Statutes.


SECTION 1. That section 5807 of Remington's Amends§ 5807 Rem.

Compiled Statutes be amended to read as follows: Comp. Stat.

Section 5807. Any land in the State of Wash- Inflammableington covered wholly or in part by inflammable stitutes fire

debris created by logging or other forest operations, hazard.

land clearing, and/or right of way clearing andwhich by reason of such condition is likely to furtherthe spread of fire and thereby endanger life or prop-erty, shall, if so declared by the supervisor of for-estry, constitute a fire hazard and the owner orowners thereof and the person, firm or corporationresponsible for its existence, if such be not theowner, are required to abate such hazard under thegeneral direction of the supervisor of forestry.Notice of the existence of such hazard and require- Notice to

ment for its abatement, within such time as the su- owner.

pervisor of forestry shall determine, shall be giventhe owner and/or person, firm or corporation re-sponsible for its existence by mailing a written Mailing.

notice to such owner or person, firm or corporationat the address as shown on the last tax rolls of thecounty treasurer of the county in which such landsare located; and if no such address is shown thenotice shall be posted in three conspicuous places on Posted.

the property in the vicinity of the hazard. Nothingin this section shall apply to lands for which a cer-tificate of clearance, under section 2 of chapter 223of the Laws of 1927, has been issued.

351CH. 134.]

Failure to I imo eabate. If the owner or person, firm or corporation re-

sponsible for the existence of any such hazard shallrefuse, neglect or fail to abate such hazard as re-

Supervisor quired by such notice, the state supervisor of for-rnay abate.

estry may summarily cause it to be abated and thecost thereof and of any patrol or fire fighting made

Cost re- necessary by such hazard may be recovered fromcovered.

said person, firm or corporation responsible there-for or from the owner of the land on which suchhazard existed by an action for debt and said costsshall also be a lien upon said land and may be en-forced in the same manner, with the same effect andby the same agencies as the lien provided for in sec-tion 5806.

Repeals SEc. 2. That section 5792 of Remington's Com-§ 5792 Rem.Comp. Stat. piled Statutes is hereby repealed.



INHERITANCE TAXES.

AN ACT relating to taxation of inheritances and ascertaining,determining, and collecting such tax and providing for cer-tain exemptions from such tax.


SECTION 1. That the proceeds of all life insur-Life insurance policies, hereafter or heretofore paid to bene-ance pro--xetweeoceeds ex- ficiaries, except where the estate of the deceasedempt.

insured, is the beneficiary, shall be exempt from in-heritance tax, so long as the state collects, for thegeneral fund, a tax on the premiums paid for suchlife insurance.

352 SESSION LAWS, 1929. [CH. 135.

SESSION LAWS, 1929.

SEC. 2. That the proceeds of all federal war Federal warrisk insur-

risk insurance, heretofore or hereafter written, ance poceeds

executed or issued or heretofore or hereafter paidor become a part of the estate of an insured, de-ceased soldier, shall be exempt from inheritance taxin passing from the Federal Government to theestate of such deceased soldier, and in passing fromthe estate of such deceased soldier to his heirs, leg-atees, devisees or beneficiaries.

SEC. 3. That in case this act or any part thereof Ifpart un-tional not toshall be held unconstitutional, such holding shall affect

only apply to this act or a part thereof and shall not balance.

apply to any other act.Passed the House March 4, 1929.Passed the Senate March 12, 1929.Approved by the Governor March 20, 1929.


MONIES COLLECTED BY EMPLOYERS FOR MEDICAL AID.

AN ACT relating to claims for medical, surgical and hospital careand treatment and to the burial of workmen engaged inextra-hazardous employments and of their families and de-pendents, when such claims are not chargeable to the statemedical aid fund but are payable by employers, either inwhole or in part, from monies collected from employees ordeducted from their wages or payable in part by the em-ployer and in part by his employees, and providing for thepriority of payment of such claims, and providing for lienstherefor.


SECTION 1. All monies realized by any employer Employer'sdeductions

from his or 'its employees either by collection or by from wages,trust funds.

deduction from the wages or pay of employees in.tended or to be used for the furnishing to workmenengaged in extra-hazardous work, their families or

-12

Cii. 136.] 353

Medical, dependents, of medical, surgical or hospital care andsurgical orhospital care. treatment, or for nursing, ambulance service, burial

or any or all of the above enumerated services, orany service incidental to or furnished or renderedbecause of sickness, disease, accident or death, andall monies owing by any employer therefor, shall beand remain a fund for the purposes for which suchmonies are intended to be used, and shall not con-

No part of stitute or become any part of the assets of the em-employer'sassets. ployer making such collections or deductions: Pro-

vided, however, That this act shall not apply tomonies collected or deducted as aforesaid for, orowing by employers to the state medical aid fund.Such monies shall be paid over promptly to the phy-sician or surgeon or hospital association or otherparties to which such monies are due and for thepurposes for which such collections or deductionswere made.

SEC. 2. If any such employer shall default in anyDefault in such payment to any physician, surgeon, hospital,paymentgives right hospital association or any other parties to whomof action.

any such payment is due, the sum so due may be col-lected by an action at law in the name of- the physi-cian, surgeon, hospital, hospital association or anyother party to whom such payment is owing, or theirassigns and against such defaulting employer, and-in addition to such action, such claims shall have the

Priority and same priority and lien rights as granted to the statelien rights.

for claims due the accident and medical aid fundsby section 7682 of Remington's Compiled Statutesof Washington, 1922, and acts amendatory thereto,which priority and lien rights shall be enforced inthe same manner and under the same conditions asprovided in said section 7682: Provided, however,

Claims of That the said claims for physicians, surigeons, hos-physicians,

hesitals pitals and hospital associations and others shall bestate andlabor claims. Secondary and inferior to any claims of the state and

to any claims for labor. Such right of action shall

354 SESSION LAWS, 1929. [Ca. 136


be in addition to any other right of action or rem-edy.


CHAPTER 137.[H. B. 139.)

GAME FISH.

AN ACT relating to game fish and amending Section 4 of Chapter178 of the Laws of the Extraordinary Session of 1925.


SECTION 1. That section 4 of chapter 178 of the Amends § 4,Chap. 178,

Laws of the Extraordinary Session of 1925, page 495, Ex. Laws258 o theLawsChap. 258,as amended by section 1 of chapter 258 of the Laws Laws 1927.

of 1927, page 588, be amended to read as follows:Section 4. The words "game fish" wherever Game fish

defined.used in this act, shall be held to mean and include anySalmo clarkii, commonly known as cut-throat trout,Salmo irideus, commonly known as rainbow trout,Salve-linus fontinalis, commonly known as easternbrook trout, Oncorhynchus nerka kennerleyi, com-monly known as silver trout, Christivomer namay-cush, commonly known as Mackinaw trout, Micro-plerus dolomieu, or M. Salmoides, commonly knownas bass, Coregonus Williamsoni, commonly knownas white fish, Perca flavescens, commonly known asperch, Salmo gairdneri, commonly known as steel-head, Pomoxis annularis, commonly known as crap-pie, and sunfish, bream, pike and catfish. Provided, Operators of

nets, seinesThat it shall be lawful for any person holding a or traps

may takelicense to operate any net, purse seine, pound net, steel heads. -

set net, gill net, fish trap or other legal fishing ap-pliance for taking salmon, to fish for, catch and take

OH. 137.]

SESSION LAWS, 1929.

Salmo gairdneri, commonly known as steelhead, atany season when it is lawful to fish for salmon inany particular waters of the state, and to sell anysteelhead caught and taken to be used for canning,salting, smoking, kippering, freezing, or otherwiseprocessing, but it shall be unlawful to sell any steel-head so caught and taken as fresh fish in any marketin the State of Washington.


CHAPTER 138.[H. B. 190.]

ARTESIAN WELLS.

AN AcT in relation to artesian wells and regulating the flow ofwater therefrom, and providing a penalty for the violationthereof, and amending Sections 1 and 2 of Chapter 121 ofthe Laws of 1901.

Be it enacted by, the Legislature of the State ofWashington:

Amends SECTION 1. That section 1 of chapter 121 of the§ 7404, Rem.Comp. Stat. Laws of 1901, (7404 of Remington's Compiled Stat-

utes) be amended to.read as follows:Section 1. It shall be unlawful for any person,

Unlawful to firm, corporation or company having possession orpermit waterto flow control of any artesian well within the state, whetherbetweenOct. 15 and as contractor, owner, lessee, agent or manager, toMarch 15.

allow or permit water to flow or escape from suchwell between the fifteenth day of October in any yearand the fifteenth day of March next ensuing; Pro-

Irrigation vided, That this act shall only apply to sections andsectionsexcepted. communities wherein the use of water for the pur-

pose of irrigation is necessary or customary; andHousehold Providing further, That nothing herein containedstock anddomestic use shall prevent or prohibit the use of water from anypermitted, such well between said fifteenth day of October and

3.56 [CH. 138.

SESSION LAWS, 1929.

the fifteenth day of March next ensuing, for house-hold, stock and domestic purposes only, water forsaid last named purposes to be taken from such wellthrough a three-quarters inch stop and waste cockto be inserted in the piping of such well for that pur-pose.

SEc. 2. That section 2, of chapter 121 of the Amede

Laws of 1901, (7405 of Remington's Compiled Stat- Comp. Stat.

utes) be amended to read as follows:Section 2. It shall be the duty of every person, Duty to cap

well betweenfirm, corporation or company having possession or Oct. 1 and

control of any artesian well, as provided in sectionone of this act, to securely cap the same over on orbefore the fifteenth day of October in each and everyyear in such manner as to prevent- the flow or es-cape of water therefrom, and to keep the samesecurely capped and prevent the flow or escape ofwater therefrom until the fifteenth day of Marchnext ensuing; Provided, however, It shall and may Lawful to

be lawful for any such person, firm, corporation or i stop. and waste.

company to insert a three-quarters inch stop andwaste cock in the piping of such well, ana to take anduse water therefrom through such stop and wastecock at any time for household, stock or domesticpurposes, but not otherwise.


CH. 138.] 357

SESSION LAWS, 1929.

CHAPTER 139.[H. B. 251.]

COUNTY LANDS WITHIN CITIES ASSESSED FOR LOCALIMPROVEMENT.

AN ACT relating to the assessment for local improvements ofland owned by counties within the limits of incorporatedcities and towns, and amending Sections 9342 and 9343 ofRemington's Compiled Statutes of Washington.


Amends SECTION 1. That section 9342 of Remington'sC .st§ m Compiled Statutes of Washington be amended to

read as follows:Section 9342. Upon the approval and confirma-

Local im- tion of the assessment roll for any local improve-provementassessment ment ordered by the proper authorities of any in-roll, county1 la. corporated city or town in this state, the city or town

treasurer shall certify and forward to the board ofcounty conngissioners of .the county in which suchcity or town is situated, a statement of all the lots orparcels of land held or owned by such county andcharged on such assessment roll for the cost of suchlocal improvement, separately describing each lotor parcel of the county's land with the amount ofthe assessment charged against it, and the board of

County to county commissioners shall cause the amount ofcausepayment. such local assessments to be paid to the city or town

as other claims and charges against such countyare paid: Provided, however, That where title to anyproperty has been acquired by any such countythrough foreclosure of a general tax lien or liens, the

Property assessment shall either be paid by the county fromsold subjectto assess- the proceeds of the sale of such property, or such

property shall be sold subject.to the lien of such as-sessment.

358 [CH. 139.

SESSION LAWS, 1929.

SEC. 2. That section 9343 of Remington's Com- § A em.piled Statutes of Washington be amended to read as comp. stat.

follows:Section 9343. The provisions of this act shall Applies

apply to all municipal corporations, any charter or sandn

ordinance provision to the contrary notwithstand-ing.


CHAPTER 140.[H. B. 287.]

PORT DISTRICTS.

AN ACT relating to port districts, providing for changing thename of any existing port district in the State of Washing-ton or which may hereafter be organized under the laws ofthe State of Washington, and providing for the proceduretherefor.


SECTION 1. Any port district now existing or Corporatename may be

which may hereafter be organized under the laws changed.

of the State of Washington is hereby authorized tochange its corporate name under the following con-ditions and in the following manner:

(1) On presentation, at least thirty days be- Petition,signed by

fore any general port election to be held in said port o electors.

district, of a petition to the commissioners of anyport district now existing or which may hereafterbe established under the laws of the State of Wash-ington, signed by not less than two hundred fifty(250) electors residing within said port district andasking that the corporate name of said port districtbe changed, it shall be the duty of said commis- Proposition

sioners to submit to the electors of said port district to electorsat general

at the next general port election held in said port dis- election.

CH. 140.] 359

SESSION LAWS, 1929.

trict the proposition as to whether the corporatename of said port shall be changed.

Present (2) Said petition shall contain the present cor-name and ptto rsnrosed porate name of said port district and the corporate

name which is proposed to be given to said port dis-trict.

Ballot (3) On submitting said proposition to the elec-form.tors of said port district it shall be the duty of saidport commissioners to cause to be printed on theofficial ballot used at said election the followingproposition:"Shall th6 corporate name, 'Port of ............... ......................... ' be

changed to 'Port of .................................... . . . . . . . . . . . . . . . . YES

"Shall the corporate name, 'Port of .......................................... ' bechanged to 'Port of .......................... ' . . . . . . . NO"

vote (4) At the time when the returns of said gen-canvassed.eral election shall be canvassed by the commissionersof the said port district, it shall be the duty of saidcommissioners to canvass the vote upon said propo-sition so submitted, recording in their record the re-sult of said canvass.

Port commis- (5) Should a majority of the electors of saidsioners to iititvtnmaoiyeetrofsdti onte port district voting at said general port election vote

auditor and "si tsaldtsecretary of in favor of said proposition it shall be the duty ofstate. said port commissioners to certify said fact to the

auditor of the county in which said port districtshall be situated and to the secretary of state of theState of Washington, under the seal of said port dis-trict. On and after the filing of said certificate withthe county auditor as aforesaid and with the sec-retary of state of the State of Washington, the cor-porate name of said port district shall be changed,and thenceforth said. port district shall be knownand designated in accordance therewith.


360 [CH. 140.


CHAPTER 141.EH. B. 338.1

CHRISTMAS TREE DEALERS.

AN ACT relating to evergreen trees, commonly known as Christ-mas trees, providing for licensing of dealers therein andshippers thereof, and prescribing penalties for violation ofthe act.


SECTION 1. It shall be unlawful for any person, unlawful tosell, ship or

firm or corporation to sell, ship and/or transport transportwitheut

to a point outside of the State of Washington any license.

evergreen tree, commonly known as a Christmastree, including fir, hemlock, spruce and pine trees.without first obtaining a license so to do, as providedin this act, and no person, firm or corporation, rail- common

carriere notroad, automobile transportation company, steamship toraccent.company, or other common carrier shall accept forshipment or transportation, or transport or carryany such trees to any point outside the State ofWashington unless the shipper thereof shall exhibita license issued to the shipper under the provisionsof this act.

SEC. 2. Application for such license shall be Applicationtor license.

made to the director of licenses and shall be accom-panied by a fee of $10.00 which shall within twenty-four hours after its receipt be paid to the state treas-urer, who shall deposit the same in the forest de-velopment fund. Upon receipt of the fee herein pro-vided the director of licenses shall issue to the ap-licant a license, a copy of which shall be filed withthe state supervisor of forestry, which license shall Period.

authorize the licensee to sell, ship and/or transportsuch trees until the first day of January followingthe date of its issue.

SEC. 3. Within thirty days after the first day of Licensce toreport.

January of each year every licensee under the pro-

CH. 141.]

visions of this'act shall file with the state supervisorof forestry a written report subscribed and sworn tobefore any officer authorized to take acknowledg-ment of deeds, showing the number of Christmastrees sold during the period the license was in effect,the name of the person, firm or corporation fromwhom said trees were acquired and the legal descrip-tion of the property from which such trees werecut; and in the case of a shipment to a point outsideof this state, in addition to such information, theplace to which said trees were shipped.

oiation SEC. 4. Violation of the provisions of this actmisdemeanor. shall constitute a misdemeanor.


CHAPTER 142.[H. B. 186.]

DELINQUENT LOCAL IMPROVEMENT BONDS ANDWARRANTS.

AN ACT relating to delinquent local improvement district bondsor warrants and to property acquired and held in trust bycities and towns through foreclosure of delinquent local im-provement assessments; and providing for the liquidation ofsuch bonds or warrants and the sale of such property andthe termination of such trusts.


aropertby SECTION 1. That whenever any city or town hascitiesthrough heretofore acquired or hereafter acquires any prop-sale of landsfor delin- erty through foreclosure of delinquent local im-quent assess-ments. provement assessments thereon, and holds such

property in trust pursuant to the provisions of sec-tion 9384 of Remington's Compiled Statutes ofWashington as the same read prior to the amend-

362 SESSION LAWS, 1929. [CH. 142.


ment thereof by chapter 275, Laws of Washington Bonds orwarrants

of 1927, and all bonds or warrants outstanding and unpaid.

unpaid in the local improvement district in whichsuch assessments were levied are delinquent, suchcity or town may sell such property and the otherassets of such district and liquidate such bonds orwarrants and terminate such trust by filing in the Court action.

superior court of the county in which such city ortown is located an action therefor. The complaint in complaint,such action shall set forth the number of such local contents.

improvement district, the bonds or warrants owingthereby and the owners thereof or that such ownersare unknown, and a description of the assets of suchdistrict with the estimated value thereof, and theamount of any assessment or assessments, includingpenalty and interest, in any other local improve-ment district or districts a lien upon such property,the bonds or warrants owing by such other districtor districts and the owner thereof, except where such Bonds or

bonds or warrants are guaranteed under the Local mnu!LcImprovement Guaranty Acts of the State of Wash- nep'r-

ington, or that such owners are unknown. All per- anty Acts.

sons owning any bonds or warrants of said districtor districts, except where guaranteed under theLocal Improvement Guaranty Acts of the State ofWashington or having an interest therein shall bemade parties defendant in such action. Summons Summons.shall be served as in other actions. Unknown own-ers and unknown parties shall be served by publica-tion. Two or more delinquent districts and all prop-erty and bonds or warrants therein may at the op-tion of such city or town be included in one action.

In any such action the court after acquiring oam uert

jurisdiction shall proceed as in the case of a receiver- eiver-

ship (except that such city or town shall serve astrustee in lieu of a receiver) to sell the assets ofsuch district or districts at such prices and in suchmanner as it may deem advisable And to apply the

OCn. 142.]

same to the expenses of such action and the liquida-tion of such bonds and warrants and to terminatesuch trust or trusts and to discharge such city or

Notice to town from further duties thereunder. No notice topresentclaims, present claims other than the summons in such ac-

tion shall be necessary. Any claim presented in anysuch action shall be accompanied by the bonds orwarrants upon which such claim is based; and suchbonds or warrants shall thereupon be surrendered

Dividends and cancelled. Dividends upon any bonds or war-waonants rants for which claim is not filed shall be paid intoor bonds.

the general fund of such city or town, but the ownerthereof may obtain the same at any time within fiveyears thereafter upon surrender and cancellationof such bonds or warrants.

Passed the House February 25, 1929.Passed the Senate March .11, 1929.Approved by the Governor March 20, 1929.

CHAPTER 143.[H. B. 188.1

FORECLOSURE FOR DELINQUENCY OF GENERAL TAXES.

AN ACT relating to assessments for local improvements and theforeclosure of general tax liens and the sale of propertytherefor, and amending Section 9393 of Remington's Com-piled Statutes of Washington.


SECTION 1. That section 9393 of Remington'sAmends Compiled Statutes of Washington, as amended by1 9393, Rem.Comp. stat. chapter 170, Laws Extraordinary Session of 1925,

be amended to read as follows:Section 9393. The holder of any certificate of

Local delinquency for general taxes shall, before com-assessmentsto be paid. mencing any action to foreclose the lien of such cer-

tificate, pay in full all local assessments or install-

364 SESSION LAWS, 1929. [CH. 143.

SESSION LAWS, 1929.

ments thereof outstanding against the whole or anyportion of the property included in such certificateof delinquency, or, he may elect to proceed to ac-quire title to such property subject to certain or all Title subject

assessmentlocal assessments a lien thereon, in which case, the lien.

complaint, decree of foreclosure, order of sale, sale,certificate of sale and deed shall so state. If suchholder shall pay such local assessments, he shall beentitled to twelve per cent interest per annum on 12% interest.

the amount of the delinquent assessments or delin-quent installments thereof so paid, from date ofpayment.

It shall be the duty of the county treasurer to CoPY Ofsummonsm ailed tomail a copy of the published summons within fifteen clto

days after the first publication thereof to the treas- treasurer.

urer of each city or town within which any propertyinvolved in a tax foreclosure is situated, but thetreasurer's failure to do so shall not affect the juris-diction of the court nor the priority of the tax soughtto be foreclosed. In any case where any propertyshall be struck off to or bid in by the county at anysale for general taxes, and such property shall sub- Resale by

county,sequently be sold by the county, the proceeds of such proceeds for

generalsale shall first be applied to discharge in full the taxes andlocal assess-lien or liens for general taxes for which the same ment.

was sold, and the remainder, or such portion thereofas may be necessary, shall be paid to the city to dis-charge all local assessment liens upon such prop-erty, and the surplus, if any, shall be distributedamong the proper county funds: Provided, That inany case where property subject to local improve-ment assessments, or taken over by a city or townon foreclosure of local improvement assessments,shall have been struck off to or bid in by any countyat a sale for general taxes, the city or town levying Cities may

acquiresuch assessments may, at any time before resale by property.

the county, acquire such property from the countyand receive a deed therefrom therefor upon pay-

CH. 143.] 365

366 SESSION LAWS, 1929. [CH. 144.

ment of the face of such taxes with costs withoutpenalty or interest: Provided, further, That whereany city or town shall have bid in any property onsal6 for local improvement assessments, such city

city may or town may satisfy the lien of any outstanding gen-satisfylien of eral.taxes upon such property, where no certificatesgeneraltaxes. of delinquency have been issued to private persons,

upon payment of the face of such taxes with costs,without penalty or interest.



CLAMS.

AN ACT regulating the taking of clams, amending Section 5750of Remington's Compiled Statutes, as amended by Chapter117, Laws of Extraordinary Session of 1925, and declaringan emergency.


Amends SECTION 1. That section 5750 -of Remington's1 5750, Rem.Comp. Stat Compiled Statutes, as amended by chapter 157, Laws

of Extraordinary Session of 1925, be amended toread as follows:

Unlawful Section 5750. It shall be unlawful for any per-to take.

son or persons whomsoever to take or dig any clams,except mud clams, from the beaches of the Pacific

Pacific Ocean in this state or from the beaches of GraysOcean, GraysHarbor, Harbor or Willapa Harbor, or to have in their pos-Willapa

Hache. session if the same have been taken for the purposeof canning or for sale between the first day of June

June1 to of each year and the first day of March of the follow-Mc ing year, both dates inclusive; or to take or dig any

mud clams upon the beaches of the Pacific Ocean in

SESSION LAWS, 1929.

this state or from the beaches of Grays Harbor orWillapa Harbor, or to have in their possession ifthe same have been taken for the purpose of canning Canning

May 1 toor for sale, between the first day of May and the October 31.

thirty-first day of October, both dates inclusive, ofeach year; or to take or dig clams at any time exceptwith fork, pick or shovel operated by hand. It shallbe unlawful for any person to take or have in his Razor clams

less thanpossession any razor clam under three and one-half I leinhesinches in total length of shell.

On or before the first day of February of each Reserves

year the commissioner may reserve and withdraw established.

for said year from use for the taking of clams suchportions of the tide lands owned by the state andsuch portion of the beaches of the Pacific Ocean ashe may deem necessary, and shall give notice of suchreserve and withdrawal from use by publication forone week in a newspaper published in the county inwhich such tide land or beach is situated, such no-tice to be given within ten days after making suchreserve or withdrawal; and it shall be unlawful forany persons whomsoever to take -or dig clams ex-cept for the use of himself and family from any tidelands or beaches so reserved or withdrawn by thecommissioner from and after the first of Marchof each year, in which such notice shall be pub-lished: Provided, That nothing herein shall be con-strued to prevent the state from selling or leasingany of its tide lands in the manner now providedby law: And provided further, That if any of thetide lands of the state are sold or leased which areincluded within the reservation or withdrawalherein provided for, that the said reservation shallthereupon cease to be effective as to said tide landswhen sold or leased.

Nothing in this section shall prevent the taking Family andguests may

of clams for the consumption of the taker or his ae sthoutfamily or guests at all times without a license, and

OH. 144.1 367

SESSION LAWS, 1929.

crab o nothing in this section shall prevent the holder ofnecense. a crab-fishing license or any persons designated by

him from taking clams for use as bait only betweenthe first day of October and the thirty-first day ofMay following, upon the payment of a special licensefee of one dollar ($1) for each such digger of clams:Provided, That it shall be unlawful for any persontaking razor clams for the consumption of himselfor his family or guests to take or have in his posses-

3 doz. talimit. sion more than three dozen clams in any one dayand any razor clams so taken shall not be underthree and one-half inches in total length of shell.

Effectiveimmediately. SEC. 2. This act is necessary for the immediate

support of the state government and its existinginstitutions and shall take effect immediately.


CHAPTER 145.[S. H. B. 337.]

REFUNDING BONDS FOR MUNICIPAL STREET RAILWAYS.

AN ACT relating to, and authorizing and providing for, the re-funding of municipal street railway bonds by cities of thefirst class having a population of 300,000 or more.


SECTION 1. The legislative authorities of anyFirst class city of the first class, having a population of 300,000,<:ities ofsooooo or or more, which has outstanding municipal streetmore.

railway bonds payable only out of street railwayrevenues and issued to acquire any such street rail-way system, or part thereof, or any additions theretoor betterments thereof, are hereby authorized to re-

368 [Cu. 145.

SESSION LAWS, 1929.

fund any and all of such bonds, or any portion Refnding

thereof, upon such terms and conditions as such authorized.

legislative authorities shall deem best and to retiresuch municipal street railway bonds at or beforematurity: Provided, That in the event such out-standing municipal street railway bonds shall notbe retired before maturity then the priority of such Priority of

outstandingoutstanding bonds shall be fully maintained and bonds.

protected and all such refunding bonds shall have allof the legal security of the refunded bonds unlessotherwise stated in such refunding bonds. Variousseries and issues of such municipal street railway Various

serles con-bonds may be consolidated and retired by one fund- solidated.

ing or refunding bond issue at the option of the saidlegislative authority. Such funding and refundingbonds shall be authorized and issued, as near as maybe, in conformity with existing laws providing for Conformity

to existingthe issuance of general funding and refunding bonds laws.

and the form, maturities and sale thereof shall com-ply, as near as may be, with sections 9489 and 9491of Remington's Compiled Statutes: Provided, That Moart

the maturity of any such funding and refundingbonds shall not exceed thirty years: Provided,further, That nothing in this act shall be so con-strued as to prevent any such city from funding andrefunding its indebtedness as now provided by law.

No bonds issued hereunder shall ever be funded $1eo .omi-

or refunded; and all issues shall be in denominationsof one hundred dollars ($100.00), or multiples there-of, except bond number one (1) of any issue; andall such bonds shall be serial in form and maturity,and the various annual maturities shall commencewith the second year after the date of issue: Pro-vided, That such bonds may be issued in separate issues.

series or installments, from time to time, and insuch amounts as may be determined by resolution ofthe legislative authority of any such city, in whichevent the bonds of each separate series or install-

OH. 145.] 369

SESSION LAWS, 1929.

ment shall be serial in form and maturity and theannual maturities shall commence with the secondyear after the date of issue.


CHAPTER 146.[H. B. 421.1

APPROPRIATION FROM MOTOR VEHICLE FUND FORFEDERAL AID ROADS.

AN ACT making an appropriation from the motor vehicle fund,creating a revolving fund, to be applied in payment of fed-eral proportion of cost of federal aid road construction, pro-viding for the payment of federal contribution into the motorvehicle fund, and declaring that this act shall take effect im-mediately.


SECTION 1. That the state treasurer be and heMotor hereby is authorized and directed to place in thevehiclefund, state motor vehicle fund any and all federal funds

or warrants received as custodian under the oper-

Federal ation of the Federal Aid Road Act and the state actAid RoadA Roadassenting thereto, to be held in said motor vehicle

fund subject to disbursement therefrom only in ac-cordance with the authority and appropriation setforth in section 2 of this act.

SEC. 2. That the sum of one million dollars$1,oooooo ($1,000,000.00) or so much thereof as may be neces-ionpa- sary, but not in excess of the amount of federal

funds or warrants paid or pledged to be paid or re-imbursed on account of lawfully obligated federalcontributions under specific project agreements, beand the same is hereby appropriated from anymonies available in the motor vehicle fund, the same

370 [CH. 146.

SESSION LAWS, 1929.

to constitute a revolving fund to be used for the pur- Revolving

poses specified in this act. The state auditor shalldraw the necessary warrants and the state treasurerpay the same from this appropriation, only upon Warrants,

vouchers

vouchers and estimates approved by the state high- for payment.

way engineer for work actually done upon federalaid projects and only to the extent thereof chargedto the federal contributing fund under specificproject agreements executed by state and federalauthorities.

SEc. 3. This act is necessary for the immediate Effectiveimmedi-

support of the state government and its existing ately.

institutions and shall take effect immediately.


CHAPTER 147.[H. B. 423.]

APPROPRIATION FOR ISLAND AND OTHER COUNTIESFROM PERMANENT HIGHWAY FUND.

AN AcT making an appropriation for the construction and main-tenance of permanent highways and highways in countiescomposed entirely of islands, and declaring this act shalltake effect immediately.


SECTION 1. For the construction and mainten-ance of permanent highways in the several couties,and for the construction and maintenance of high-ways in counties composed entirely of islands, thereis hereby appropriated from the permanent high-way fund the sum of three million six hundredninety-nine thousand nine hundred thirty-three dol-lars and eleven cents ($3,699,933.11), or so muchthereof as may be necessary.

CH. 147.] 371

SESSION LAWS, 1929.

Effete SEC. 2. This act is necessary for the immediateimmedi- SC . hsati eesr o h meitately. support of the state government and its existing



CHAPTER 148.[H. B. 300.1

PARKS AND PARKWAYS.

AN Acr relating to parks and parkways, and amending Section10942 of Remington's Compiled Statutes, as amended by Sec-tion 1 of Chapter 157 of the Laws of 1923.


Amends SECTION 1. That section 10942 of Remington's§m om,. Compiled Statutes as amended by section 1 of chap-Stat. ter 157 of the Laws of 1923, be amended to read as

follows:State parks Section 10942. The state parks committee shall

riptee have power:(1) To have the care, charge, control and su-

Control aii pervision of all parks and parkways heretofore orstate parks. hereafter acquired or set aside by the state for park

or parkway purposes.

.(2) To plant trees along public highways in thePlant trees. non-forested or other area of the state, and to care

for the same.(3) To adopt, promulgate, issue and enforce

Adopt rules rules and regulations pertaining to the use, careandregulations. and administration of state parks and parkways.

Every such rule and regulation shall become ef-fective ten days after its adoption. The committeeshall cause a copy of the rules and regulations to bekept posted in a conspicuous place in every statepark to which the same are applicable, but failure to,

372 [CH. 148.


post or keep any rule or regulation posted sh'all beno defense to any prosecution for the violationthereof.

(4) To permit the use of state parks and park- Campers.

ways by campers and the public generally undersuch rules and regulations as shall be prescribed asaforesaid.

(41/2) To clear, drain, grade, seed and other- Improve.

wise improve and/or beautify any parks and park-ways, and to erect structures, buildings, fireplaces,comfort stations and build and maintain paths,trails, and roadways through and/or on parks andparkways.

(5) To grant concessions in state parks and Concessions.

parkways, upon such rentals, fees or percentage ofincome or profits and for such terms, in no eventlonger than twenty years, and upon such conditionsas shall be approved by the committee. No conces-sion shall be granted which will prevent the publicfrom having free access to the scenic attractions ofany park or parkway, but the committee may in itsdiscretion itself impose fees upon campers uponstate parks and parkways. All fees received by thecommittee shall be deposited in the state park -andparkway fund.

(6) To employ such assistance as it may deem Employassistants.

necessary.* (7) To select and to purchase, lease or in any Acquire

manner acquire for and in the name of the State of parklands.

Washington such tracts of land, including shore andtide lands, for park and parkway purposes as it shalldeem proper, subject to the following provisions:(a) No tract, except tracts acquired by donationsor bequest, and tracts which abut upon a publichighway, "actually constructed or located or pro-jected shall be acquired unless the acquisition thereofbe specifically authorized by the legislature. (b) Ifthe committee cannot acquire any tract which it is

Ca. 148.]

SESSION LAWS, 1929.

authorized to acquire, at a price it deems reasonable,then the committee is hereby vested with power to

By condem- obtain title thereto, or any part thereof, by condem-nation. Such condemnation shall be conducted bythe attorney general and the proceedings therefor,in so far as practicable, shall be any which now isor may hereafter be authorized for the condemna-tion of rights of way for state highways.

(8) To cooperate or join with the United States,Cooperate any county or counties, city or cities of this state,with UnitedStates, or in any matter pertaining to the acquisition forcities,counties. park or parkway purposes of any area within this

state not within the city limits of any city, and inthe care, control or supervision of any park or park-way now or hereafter acquired which shall be sosituated, and, when deemed advisable by the com-mittee, to enter any contract in writing with anysuch public organization or organizations, its ortheir officer or officers or board or boards, to thatend. All parks or parkways, to the acquisition orimprovement of which the state shall have contrib-uted or in whose care, control or supervision thestate shall participate pursuant to the provisions ofthis section, shall in so far as practicable be gov-erned by the provisions of this -act, including thepenal provisions thereof.

(9) To investigate and report to the governorReport to on or before the first day of January next precedinggovernor.

the regular session of the legislature regarding anyproposed park or parkway, and in such report tomake recommendations respecting other regions inthe State of Washington desirable for state parkor parkway purposes, either on account of theirhistorical interest, their natural beauty or other-wise.


374 [Cn. 148.

SESSION LAWS. 1929.

CHAPTER 149.[H. B. 419.)

BRIDGE ACROSS PUGET SOUND AT NARROWS IN PIERCECOUNTY.

AN ACT relating to and providing for the construction and main-tenance, operation and acquisition after construction, of abridge and approaches thereto across Puget Sound withinthe county of Pierce at or near a point commonly known asthe Narrows, and amending Sections 6 and 7 of Chapter 62of the Laws of.1929.


SECTION 1. That section 6 of chapter 62 of the Amends§6, Chap.

Laws of 1929, be amended to read as follows: 62,aupr .

Section 6. If such bridge shall at any time be Acquired

taken over or acquired by the State of Washington, by state,

or by any municipality or other political subdivisionor public agency thereof, under the provisions ofsection 3 of this act, and if tolls are charged for theuse thereof, the rates of tolls shall be so adjusted Tolls.

as to provide a fund sufficient to pay' for the rea-sonable cost of maintaining, repairing, and oper-ating the bridge and its approaches under economi-cal management, and to provide a sinking fund suf- cost.ficient to amortize the amount paid therefor includ-ing reasonable interest and financing cost as soon aspossible under reasonable charges, but within aperiod of not to exceed twenty years from the dateof acquiring the same. After a sinking fund suffi- Sinking

fund.

cient for such amortization shall have been so pro-vided, such bridge shall thereafter be maintainedand operated free of tolls, or the rates of tolls shallthereafter be so adjusted as to provide a fund of not Free of

tolls.to exceed the amount necessary for the proper main-tenance, repair and operation of the bridge and itsapproaches under economical management. An ac- Record of

amountcurate record of the amount paid for acquiring the paid.

bridge and its approaches, the actual expenditures

Ona. 149.] 375

SESSION LAWS, 1929.

for maintaining, repairing, and operating the same,and of the daily tolls collected shall be kept and shallbe available for the information of all persons inter-ested.

Amends % 7, SEC. 2. That section 7 of chapter 62 of the LawsChap. 62,supra. of 1929, be amended to read as follows:

Section 7. The grantees and their assigns, shallItemized within ninety days after the completion of suchstatenent bridge file with the secretary of war, and with theof cost.

highway department of the State of Washington, asworn itemized statement showing the actual originalcost of constructing the bridge and its approaches,the actual cost of acquiring any interest in realproperty necessary theref or, and the actual financing

Secretary and promotion costs. The secretary of war may,of war. and in case of his failure or refusal to act upon the

request of the highway department of the State ofState Washington, said highway department may at anyhighwaydepartment. time within three years after the completion of such

bridge, investigate such costs and determine the ac-curacy and the reasonableness of the costs allegedin the statement of costs so filed, and shall make a

Finding finding of the actual and reasonable costs of con-of cost.structing, financing, and promoting such bridge; forthe purpose of such investigation the said granteesand their assigns, shall make available all recordsin connection with the construction, financing andpromotion thereof. The findings of the secretaryof war, or of said highway department, as the case

Conclusive. may be, as to the reasonable costs of the construc-tion, financing, and promotion of the bridge shall beconclusive for the purposes mentioned in section 3of this act, subject only to review in a court of equityfor fraud or gross mistake.


376 [CH. 149.

SESSION LAWS, 1929.

CHAPTER 150.[H. B. 224.)

HORTICULTURE.

AN ACT relating to horticulture and horticultural products, pro-Viding for the condemnation of infected premises and ship-ments therefrom, and amending Section 10 of Chapter 166of the Laws of 1915.


SECTION 1. That section 10 of chapter 166 of Amends§ 2848, Rem.

the Laws of 1915 as amended by section 1 of chap- Comp. Stat.

ter 108 of the Laws of the Extraordinary Sessionof 1925, (section 2848 of Remington's CompiledStatutes) be amended to read as follows:

Section 10. In case the officer making the in- Inspection.

spection provided for in the preceding section shallfind that the premises or property inspected is in- Infected

propertyfected, he shall condemn the same and serve upon or premisescondemned.the owner or upon the person having possession orcharge of said premises or of said property a noticein writing that the same is condemned and orderingthe disinfection of any and all thereof which iscapable of disinfection and the destruction of suchproperty as is incapable of disinfection, which notice Notice.

shall describe the premises or property ordered tobe disinfected or destroyed with reasonable certaintyand shall specify the time within which the sameshall be so disinfected or destroyed; and shall givenotice that unless the premises or property ordereddisinfected or destroyed is disinfected or destroyedas directed, in the manner and within the timespecified in said notice, the same will be done by the Expense.

officer giving the notice and the expense thereofcharged against the premises and the owner of saidpremises or property. In case said premises orproperty is in the possession or charge of any per-son upon. whom service can be made, the officer

CH. 150.] 377

SESSION LAWS, 1929.

making the inspection shall serve a copy of suchnotice upon such person and, in case the premisesor property is in possession or charge of any other

gryce of person than the owner thereof, or service cannot behad upon any person in possession or charge thereof,the officer shall serve said notice upon the owner ofsaid premises or property by mailing or telegraph-ing him a copy thereof, if his home or postoffice ad-dress are known to the officer or can with reasonablediligence be ascertained. In case personal service

servonal of said notice be had upon any person in possessionor charge of said premises or property and thename and address of the owner of such premises orproperty are not known and cannot with reasonablediligence be ascertained, said notice shall be served

Posting. by posting the same in a conspicuous place upon thepremises where the property to be disinfected ordestroyed is situated, as the case may be. In casethe name and postoffice address of the owner are notknown and cannot with reasonable diligence beascertained and in the absence of fraud and grossneglect, service of such notice upon the person inpossession or charge of said premises or propertyshall be construed to be substituted personal service

Constructive upon the owner, and, in case service of such noticepersonalservice. upon a person in possession or charge of such

premises or property cannot be had and the nameand postoffice address of the owner is not known andcannot with reasonable diligence be ascertained andin the absence of fraud and gross neglect, such post-ing of the notice upon the premises shall be con-strued to be constructive personal service upon theowner of such premises or property. Upon thegiving of such notice as hereinabove provided it shallbecome and be the duty of the owner and personhaving possession or charge of the premises or prop--erty described in the notice to, within the timespecified in said notice, disinfect said premises or

378 [CH. 150.

SESSION LAWS, 1929.

disinfect or destroy said property, as the case may or dntoy.

be. Provided, That in the case of nursery stock,fruit or vegetables about to be shipped or any ship-ment thereof, or which is offered for sale, or held forthe purpose of delivery upon any shipment or salethereof, if the officer making the inspection shall findthat only a part thereof is so affected that it cannotbe successfully disinfected, he shall state in suchnotice that the owner or person in charge thereofhas the privilege of separating the same into two or separating.

more of the following classes, to-wit, such as doesnot need disinfection, such as can be successfully dis-infected, and such as cannot be successfully disin-fected, and in such case it shall be the duty of theowner and person in charge of such property to,within the time specified in said notice, disinfect suchnursery stock, fruit or vegetables as can be success-fully disinfected and destroy such as cannot be suc-cessfully disinfected: And provided further, Thatin the case of fruit or vegetables that cannot be suc-cessfully disinfected the inspector may grant theowner or person in charge thereof the privilege ofmanufacturing the same into by-products or of By-products.

shipping the same to a by-product factory and issuea permit in writing so to do, and in such case it shallbe unlawful for the person receiving such permit tosell or dispose of such infected fruit without havingfirst manufactured the same into a by-product orshipped the same to a by-product factory, or to di-vert any such shipment when made, and it shall beunlawful for the consignee of any fruit or vegetablesshipped to a by-product factory, to sell or disposeof the same without first manufacturing it into aby-product. It shall be unlawful for any person toship, deliver, sell, barter, give away or otherwise unlawful

for commondispose of or part with the possession of or for any carriertcommon carrier to transport, any nursery stock,fruit or vegetable which has been found infected and

OH. 150.] 379

SESSION LAWS, 1929.

condemned until all -of the requirements of saidnotice and order have been complied with, and per-mission given in writing so to do by an inspector.It shall be the duty of any common carrier tofurnish the nearest horticultural office or horticul-tural inspector with the name of the consignor of

Apples. the apples, the place indicated for loading and thedate ordered for loading, as soon as possible andat or prior to the time of the issuance of the bill oflading on such car: Provided, however, That allapples shipped in bulk or as culls shall be accom-

Bulk or panied by a written permit to ship to a by-productfactory or by an inspector's written statement thatsame is free from infection.



TAX ON BANKS AND FINANCIAL CORPORATIONS.

AN Acr providing for a tax measured by income upon banks andfinancial corporations; providing for the assessment andcollection thereof; providing for certain offsets or deduc-tions; providing certain penalties and for the collection andenforcement thereof; declaring that certain acts shall con-stitute a misdemeanor; repealing Sections 28, 29, 30, 31 and32 of Chapter 130 of the Laws of the Extraordinary Sessionof 1925, and declaring that this act shall take effect immedi-ately.


Terms SECTION 1. That for the purpose of this act,defined.

unless otherwise required by the context:Bank. The term "bank" shall include any national

banking association organized under the laws ofthe United States and located or doing business

380 [CHr.151.

SESSION LAWS, 1929.

within the State of Washington, and any bank, mu-tual savings bank or trust company organized underthe laws of the State of Washington, or of the lawsof any other state, district, territory or country,doing business in the State of Washington.

The term "financial corporation" shall include Financialcorporation.

any corporation, other than a bank, engaged withinthe State of Washington in the business of actingin any representative or trust capacity; or in thebusiness of a savings and loan or building and loansociety or association; industrial loan company, orfinance company; or in the business of buying, sell-ing, discounting, or dealing in stocks, bonds, deben-tures, bills of exchange, warrants, notes and/orother evidences of debt; or in the loaning, collectingand reloaning of money.

The term "doing business" as herein used, Doing

means any transaction or transactions in the courseof its business by a national banking association,by a bank or financial corporation created underthe laws of this state, or by a foreign bank or finan-cial corporation qualified to do or doing businessin this state.

The term "gross income," as herein used, in- nose.

cludes gains, profits and income derived from bus-iness of whatever kind and in whatever form paid;gains, profits or income from dealings in real orpersonal property; gains, profits or income receivedas compensation for services, as interest, rents,commissions, brokerage or other fees or otherwisereceived in carrying on such business; all interestreceived from federal, state, municipal or otherbonds, and, except as hereinafter otherwise pro-vided, all dividends received on stocks: Provided,That the premium income of insurance companiesshall not be included in gross income.

If the gross income is derived from businessdone in part within and part without the State of

CH. 151.] 381

Washington, gross income means that portion ofthe income derived from business done within thisstate, to be ascertained and allocated in such manneras will fairly determine the gross income derivedfrom business done within the state. The commis-sion shall have power to prescribe such rules andregulations as will, in its opinion, carry out the di-rection and detail of this provision.

Net income. The term "net income," as herein used, meansthe gross income less the deductions allowed.

Commission. The term "commission," as herein used, meansthe tax commission of the State of Washington.

Taxable The term "taxable year," as herein used, meansyear.the calendar year, or the fiscal.year ending duringsuch calendar year, upon the basis of which the netincome is computed herein. In case a return ismade for a fractional part of a year, the term "tax-able year" shall mean the period for which suchreturn is made. The first taxable year, to be calledthe taxable year 1928, shall be the calendar year1928, or any fiscal year ending prior to the firstday of March, 1929.

Fiscalyear. The term "fiscal year," as used herein, meansan accounting period of twelve months ending onthe last day of any calendar month other than themonth of December.

Paidor The terms "paid" and "paid or incurred" shallunpaid andaccrued. be construed according to the method of accounting

upon the basis of which net income is computedhereunder.

Taxpayer. The term "taxpayer" means a bank or corpora-tion subject to taxation under this act.

The term "corporation," as used herein, shallinclude every financial corporation other than abank, and shall include both foreign and domesticcorporations.

Tax on SEC. 2. Every national banking association, lo-nationalbanking cated or doing business within this state, shall an-associations.

382 SESSION LAWS, 1929. [CH. 151.

SESSION LAWS, 1929.

nually pay to the state, in addition to all othertaxes or charges, a tax according to or measuredby its net income, to be computed in the mannerhereinafter provided, at the rate of five per centupon the basis of its net income for the next pre- 5% of net

income.ceding fiscal or calendar year.

SEC. 3. Every bank, other than a national bank- Otherbanks.

ing association, doing business within this state,shall annually pay to the state, in addition to allother taxes or charges, for the privilege of exercis-ing its corporate franchise within this state, a taxaccording to or measured by its net income, to becomputed in the manner hereinafter provided, atthe rate of five per cent upon the basis of its net in ofenetincome for the next preceding fiscal or calendaryear.

SEC. 4. Every financial corporation doing busi- corporation.

ness within this state shall annually pay to thestate, in addition to all other taxes or charges, forthe privilege of exercising its corporate franchisewithin this state, a tax according to or measuredby its net income, to be computed in the mannerhereinafter provided, at the rate of five per cent n ioonet

upon the basis of its net income for the next pre-ceding fiscal or calendar year.

SEC. 5. If the entire business of a bank or cor- Businesswithin and

poration is done within this state the tax shall be withut

based upon its entire net income; and if the entirebusiness of such bank or corporation is not donewithin this state the tax shall be based upon thatportion thereof which is derived from business donewithin this state, as herein provided.

Offset ofSEC. 6. Every bank and corporation subject to other taxes

a tax under the provisions of this act shall be en- paid.

titled to an offset against such tax in the amountof all taxes paid by it upon its tangible personalproperty to the State of Washington, or any county,

Cit.151.] 383

SESSION LAWS, 1929.

city, district or municipality thereof, during thetaxable year for which a tax is assessed hereunder,and every insurance company subject to tax here-under shall be entitled to an offset against such taxin the amount of all taxes paid by it to the stateupon premium receipts.

Comp~tatlon SE.7Innticm thofnt SEC. 7. computing net income the followingdeductions. deductions shall be allowed:

(a) All the ordinary and necessary expensesExpenses. paid or incurred during the taxable year in carry-

ing on business, including a reasonable allowancefor salaries and other compensation for personalservices actually rendered, and rentals or otherpayments required to be made as a condition to thecontinued use or possession for business purposesof property to which the taxpayer has not takenor is not taking title, or in which it has no equity.

Interest. (b) All interest paid during the taxable yearon indebtedness.

Taxes. (c) Taxes paid during the taxable year, otherthan taxes paid under this act, and other than taxeson income or profits paid during the taxable yearimposed by the authority of (1) the United States,(2) any foreign country, (3) any state, territory,city, school district, municipality or other taxingsubdivision of any state or territory, and other thantaxes assessed against or because of local benefitstending to increase the value of the property asses-sed, but this shall not exclude the allowance as adeduction of so much of said taxes assessed againstor because of local benefits as is properly allocableto maintenance or interest charges: Provided, Thatno deduction shall be allowed for taxes paid uponpersonal property for which an offset against thetax may be claimed under the provisions of section6 hereof.

Losses. (d) Losses sustained during the taxable yearand not compensated for by insurance or otherwise,if incurred in business.

384 [CH. 151.


(e) Debts ascertained to be worthless and Worthlessdebts.charged off within the taxable year. When satis-fied that a debt is recoverable in part only, the com-mission may allow the unrecoverable portion of suchdebt to be charged off. The amounts recoveredfrom any debt previously charged off shall be in-cluded in the return for the year in which the re-covery is made and shall be restored to the fundon account from which it was originally transferredas a loss.

(f) A reasonable allowance for the exhaustion, Exhaustion,wear and

wear and tear, and obsolescence of property used tear,. obsolescence.

in the business may be deducted from gross income.Such depreciation allowance, in order to constitutean allowable deduction from gross income, must becharged off.

(g) Amounts received under life insurance Life. . insurance.

policies and contracts paid by reason of the deathof the insured, and amounts received (other thanamounts paid by reason of the death of the insured)under life insurance, endowment or annuity con-tracts, either during the term or at maturity orupon surrender of the contract, equal to the totalamount of premiums paid thereon.

(h) Dividends received from income arising Dividends.

out of business done in this state by a bank or cor-poration from which a tax is payable under this act,but if the income out of which the dividends aredeclared is derived from a business done by a bankor corporation both within and without this state,then so much of the dividends shall be allowed as adeduction as the amount of the income from busi-ness done within this state bears to the total busi-ness done. The burden shall be on the taxpayerclaiming the deduction to show that the amount ofdividends claimed as a deduction has already beenincluded within the net income used as a measurein the computation of a tax of another bank or cor-poration paid or accrued hereunder.

-13

CH. 151.]

isiness (i) If the gross income be derived from busi-outsidestate. ness carried on within and without this state, the

deductions allowed by this section shall be in a pro-portion to be determined by the commission underrules and regulations to be adopted by it fairlycarrying out the purpose of this act to tax banksand corporations according to the amount of theirnet income arising from business done within thisstate.

lod dcon cEC. 8. I computing net income no deductionshall be allowed for:

bundings, (a) Any amount paid out for new buildings orfor permanent improvements or betterments madeto increase the value of any property; or for

poert, (b) Any amount expended in restoring prop-erty or in making good the exhaustion thereof forwhich an allowance is or has been made.

premiums (c) Premiums paid on any life insurance policyon lifeinsurance. covering the life of any officer or employee, or of

any person financially interested in any businesscarried on by the taxpayer, when the taxpayer isdirectly or indirectly a beneficiary under suchpolicy.

Period for SEc. 9. The net income shall be computed oncomputation.the basis of the taxpayers' annual accountingperiod, fiscal year or calendar year, as the case maybe, in accordance with the method of accountingregularly employed in keeping the books of the tax-payer; but if no such method of accounting hasbeen so employed, or if the method employed doesnot clearly reflect the income, the computation shallbe made in accordance with such method as shall,in the judgment of the commission, clearly reflectsuch income. If the taxpayers' annual accountingperiod is other than a fiscal year, or if the taxpayerhas no annual accounting period, or does not keepbooks, the net income shall be computed on the basisof the calendar year.

386 SESSION LAWS, 1929. [CH. 151.

SESSION LAWS, 1929.

SEC. 10. For the purpose of ascertaining the pro perty.

gain derived or loss sustained from the sale or otherdisposition of property, real, personal or mixed, ac-quired on or after January 1, 1928, the basis shallbe the cost thereof, and in case of property acquiredprior to January 1, 1928, and disposed of thereafter,the basis shall be the fair market value thereof asof said date.

SEc. 11. When property is exchanged for other Exchangeof property.

property and no gain or loss is realized, the prop-erty received shall be treated as taking the place ofthe property exchanged therefor.

SEC. 12. Every bank and every corporation shall Annualreport.

not later than the 15th day of March in each calen-dar year transmit to and file with the commissiona report, in such form as the commission shall pre-scribe, setting forth such facts and information re-lating to the gross or net income of the taxpayer,as the commission may by rule, or otherwise, re-quire in order to carry out the provisions of this contents.

act. Said report shall contain a statement of thetaxes paid by the taxpayer upon tangible personalproperty during the taxable year covered therebyand the commission may require the report to beaccompanied by receipts evidencing payment ofsuch personal property taxes.

SEC. 13. Any bank or corporation liable to re- Ownershipor control

port and owning or controlling, either directly or of other

indirectly, substantially all of the capital stock of corporations.

one or more banks and/or corporations, may berequired to make a consolidated report showing thecombined net income, such assets of the corpora-tion as are necessary in the opinion of the commis-sion for the administration of this act,. and suchother information as the commission may require,but excluding intercorporate stockholdings and in-tercorporate accounts.

CH. 151.] 387

Any bank or corporation liable to report andConsolidated owned or controlled, either directly or indirectly,report.

by another bank or corporation may be requiredto make a report consolidated with the owning com-pany showing the combined net income, such assetsof the corporation as are necessary in the opinionof the commission for the administration of thisact, and such other information as the commissionmay require, but excluding intercorporate stock-holdings and intercorporate accounts.

If any arrangement exists which in the opinionImproper of the commission improperly reflects the businesssegregation, done, the segregable assets, or the entire net income

earned from business done in this state, the com-mission is authorized and empowered, in such man-ner as it may determine to equitably adjust the taxand to eliminate any assets included in the segrega-tions thereof: Provided, That any income directlytraceable thereto shall also be excluded from theentire net income.

SEC. 14. The commission may permit or requireCombined the filing of a combined report, where substantiallyreport.

all of the capital stock of two or more banks orcorporations liable to report under this act is ownedor controlled by the same interests and it may im-pose the tax provided by this act as though thecombined entire net income and segregated assetswere those of one corporation, but in the computa-tion dividends received from any corporation whoseassets, as distinguished from shares of stock, areincluded in the segregations, shall not be includedin net income, or it may, in such other manner asit shall determine, equitably adjust the tax.

SEc. 15. If it shall appear to the commissionAdjomstmnt that the segregation of assets shown by the reportsion, does not properly reflect the corporate activity or

business done, or the income earned from corporateactivity or from business done in this state because

388:, SESSION LAWS, 1929. [Ca. 151.


of the character of the corporation's business andthe character and location of its assets, it is au-thorized and empowered to equitably adjust the taxupon the basis of the corporate activity or the busi-ness done within and without this state rather thanupon capital or assets employed.

SEC. 16. In case a report is made as provided Tax againsteither of

by the preceding sections the commission may assess combined

the tax against either of the corporations whose instidns.assets or net income are involved in the report andupon the basis of the combined entire net incomeand the combined aggregated assets of the corpora-tion and upon such other information as it maypossess, or it may adjust the tax in such other man-ner as it shall determine to be equitable.

SEC. 17. Any bank or corporation which has Change ofperiod for

been permitted to change the period for which it report.

shall make its report shall in its next report to thecommission include its entire net income which hasnot been used or included in measuring a tax here-under, whether such income arose over a period ofmore or less than one year, and such income shallbe considered a part of the net income for the tax-able year covered by the report in which it is setforth.

In case a bank or corporation has not done busi- Less than12 months

ness in this state for a twelve months' period, then period.

it shall report and be taxed upon the basis of thatportion of the taxable year in which it did businessin this state.

The commission may require a further or sup- Supple-mental

plemental report under this act to contain further report.

information and data necessary for the computationof the tax.

SEC. 18. Every report required by this act to erifedbe filed with the commission shall be verified under under oath.

oath by the president, treasurer, cashier, or otherexecutive officer of the bank or corporation. Such

CH. 151.]

verification shall be to the effect that the officerverifying said report believes it to be true and cor-rect. Blank forms of report shall be supplied bythe commission on application to banks and cor-porations required to make such reports.

SEC. 19. The commission, whenever in its judg-Extension ment good cause exists therefor, may grant to aof time forreport. bank or corporation required to make a report under

this act a reasonable extension of time for filingsuch report. It shall keep a record of every exten-sion granted and of the reasons therefor. Suchextension or extensions, except for the year 1928,shall not aggregate more than thirty days.

SEC. 20. Every bank or corporation which shallMerger and acquire directly, indirectly, by merger or by con-consolida-tion, report. solidation, the major portion of the actively em-

ployed assets or the franchises of another bank orcorporation exercising any franchise or doing anybusiness in this state, or which shall merge or con-solidate another bank or corporation, shall in itsannual report show its own and the consolidatedentire net income of all such banks or corporationsfor the preceding fiscal or calendar year to the ex-tent that all such income has not been used or in-cluded in measuring a tax under this act. It shall,in any event, be liable for and pay all taxes thatwould have been due and payable by the bank orcorporation had the bank or corporation whoseassets or franchises were acquired or which weremerged or consolidated, continued in business andas though there had been no interruption or changeof the business thereof nor discontinuance of theprivilege of exercising a franchise or doing business.

SEc. 21. Any bank or corporation failing or re-Failure to fusing to make and furnish any report hereby re-report. fsn omk n uns n eothrb e

quired to be made or filed with the commissionwithin the time herein provided by law, or withinthe extension thereof if any such extension shall

390 SESSION LAWS, 1929. [CH. 151.

SESSION LAWS, 1929.

be granted, shall be subject to a penalty of $50.00 Penalty.

per day for each and every day during which suchbank or corporation shall be or continue delinquentin the making and furnishing of such report. Allactions for the recovery of the penalty provided Action to

by this section shall be brought in the name of theState of Washington by the commission throughthe attorney general or the prosecuting attorney ofthe county wherein the taxpayer has its principalplace of business. The commission is authorizedto compromise, settle and adjust such penalty if inits judgment such failure and refusal was not will-ful and malicious. All penalties recovered underthis section shall be paid into the general fund ofthe state.

SEc. 22. Any bank or corporation and any pres- Falsereturn, mis-

ident, cashier, treasurer or other executive officer demeanor.

thereof who shall knowingly make or return to thecommission any false or fraudulent report shall beguilty of a misdemeanor.

SEc. 23. If any report required by this act is Estimate

tosion whennot timely made, the commission is authorized tno report

make an estimate of the net income of the bank or made.

corporation failing to file a report as a basis forthe computation of the tax, from such informationas may be available to it, and shall give notice byregistered mail to such bank or corporation of theamount or basis of computation as determined by it.

SEC. 24. The commission shall.between the first Commissionto deter-

day of May and the first day of July in each cal- mine net

endar year, from the reports filed with it or fromother information in its possession, determine thenet income of each bank and corporation as the basisof computing the tax provided for in this act. Suchbasis shall not be increased beyond the amount ofnet income shown by the taxpayer's return unless Inceas be

the commission shall give ten days' notice in writ- given.

ing by registered mail to the taxpayer of the amount

CH. 151.] 391

SESSION LAWS, 1929.

to which it is proposed to increase such basis ofcomputation, and of the time and place when andwhere such taxpayer will be heard by the commis-sion in opposition to such proposed increase.

SEc. 25. The commission shall on or before theAssessment first day of September next thereafter prepare androll for Spebr teefe ncounty transmit to the assessor of each county within theassessor.

state an assessment roll for such county and shallplace upon such assessment roll the name of eachbank and corporation liable to a tax for the taxableyear for which such assessment roll is prepared,and having its principal office or place of businesswithin the county for which such assessment rollis. prepared.

The commission shall also enter upon such as-sessment roll opposite to or in connection with thename of each bank or corporation the name ordesignation of the city, town, township, school dis-trict and other taxing districts within said countyin which said taxpayer has its principal office orplace of business together with the net income or

Tax corn- basis for the computation of the tax as determinedputed.

by the commission and the amount of the tax dueand payable as computed by it.

The assessor of such county shall enter upon thetax rolls of the county the name of each bank andcorporation and the amount of such tax due fromit as s.hown by such assessment roll.

SEC. 26. All taxes imposed under the provisionsPayments. of this act shall be payable to the county treasurer

of the county in which the bank or corporation liableto the tax has its office or principal place of busi-ness. Such tax shall be due and payable and shallbecome delinquent on the same dates that taxes on

Delinquency personal property-become due and delinquent andpenalties. if not paid shall bear the same rate of interest and

be subject to the same penalties as are by law pro-vided in case of delinquency of taxes assessed on

392 [CH. 151.

SESSION LAWS, 1929.

personal property. Each bank or corporation shallbe liable for the tax so assessed against it and suchtax, if not paid when due, together with interestand penalties and a reasonable attorney's fee, maybe recovered in a civil action brought by the treas-urer of the county.

SEC. 27. All taxes collected or paid under the Distributionof tax.

provisions of this act shall be for the use of thestate and of the county, city, town, school district,municipality or other taxing district in which thebank or corporation has its principal office or placeof business and shall be by said county treasurerdistributed in the manner and in the same propor-tions as provided by law for the distribution oftaxes upon personal property.

SEC. 28. Whenever a bank or corporation main- Branches,in two

tains branches or offices for the transaction of busi- taxingdistrictsness, or owns and controls one or more banks and/ tax allocated

or corporations, located in two or more counties, sion.

cities, towns, school districts or other taxing dis-tricts within this state, the taxes levied under thisact shall be allocated by the commission to the re-spective counties, cities, towns, school districts andother taxing districts in proportion to the net incomeattributable to business transacted in each suchbranch or office, or subsidiary bank or corporation.The taxpayer shall include in its report such in-formation as will enable the commission to makethe segregation herein provided. In such cases thetaxpayer shall be included upon the assessment rollof each of the several counties in which it maintainsbranches or offices or subsidiary banks or corpora-tions, for the proportionate amount of tax computedby the commission to be due each county and city,town, school district and other taxing districttherein within which a branch or office, or subsi-diary bank or corporation is maintained for thetransaction of business and the tax shall be payablein accordance with such computation.

CH. 151.] 393

SESSION LAWS, 1929.

SEC. 29. If in the opinion of the commission a

mistake in tax has been computed in a manner contrary tocomputation. law or has been erroneously computed by reason of

a clerical mistake on the part of said commission,the commission shall have power to cancel the sameupon its records and cause the same to be cancelledon the tax rolls of the county to which the same hasbeen certified.

SEC. 30. If any tax or penalty has been paidPaid more than once or has been erroneously or illegallyillegally orerroneously, collected or has been erroneously or illegally com-credit given. puted, the commission may order the same to be

credited to the taxpayer at the time of the nextpayment of taxes. No claim for such credit shall beallowed unless presented within one year after thepayment against which a refund or credit is claimed.

SEC. 31. In the event that fraud or evasion on

Fran oy the part of a taxpayer is discovered by the com-taxpayer. mission it shall have the power and it shall be its

duty to determine the extent to which the state,county, city, town and district have been defraudedand to compute and charge against the taxpayer atax in a sum double that amount, which it shallimmediately certify to the county where the tax-payer has its office or principal place of businessand which shall be immediately due and payable.

SEC. 32. If any tax imposed upon any bank or

Foliue to corporation under the provisions of this act in anyased toent taxable year or years be prevented from-being col-year's tax. lected for any such year or years by reason of any

erroneous proceeding or other cause, the amountof tax which such bank or corporation should havepaid shall be added to the tax for the next succeed-ing year, but no such tax shall be added in any sub-sequent year unless it shall be added within fiveyears next after such tax became delinquent.

Rules and SEC. 33. The commission is authorized and em-regulations.powered to adopt, prescribe, and from time to time

394 [CH. 151.

SESSION LAWS, 1929.

alter and amend, and to enforce reasonable rules,orders and regulations for the purpose of carry-ing out the provisions of this act. The commission Inquiry by

COmIIIlss10n.shall have authority to inquire into the managementof the business of all taxpayers falling within theprovisions of this act and may require by order orsubpoena, to be served with the same force andeffect and in the same manner that a subpoena isserved in a civil action in the superior courts, theproduction at any time and place it may designateof any books, papers, accounts or other informa-tion necessary to carrying out the provisions ofthis act. The commission shall have the power toorder additional reports or such other information Addi

t ionalreports.

as it may deem necessary in addition to the regularreports provided herein. All reports and returns,as hereinafter provided, shall be upon standardforms, adopted by the commission, with no moredetailed information relating to the taxpayers' busi-ness than is necessary to enable the tax commissionto administer fully the provisions 'of this act.

SEC. 34. Any bank or corporation feeling ag- Appeals

grieved by any order of the commission shall have aission.

a right of appeal to the superior court of the countyin which such bank or corporation has its principaloffice or place of business, or at the election of theappellant to the superior court of Thurston County,Washington. Such appeal shall be informal and Notice.

summary. Notice thereof shall be filed with theclerk of the superior court to which such appeal istaken, and a copy thereof shall be served by reg-istered mail or personally upon some member ofthe commission or the secretary thereof withintwenty days after the decision appealed from and Appeal

the appellant shall file an appeal bond in the sumof $200.00 with one or more sureties, conditionedthat the appellant will pay all taxable costs in theevent of the affirmance of the decision appealed

CH. 151.] 395

from. Said bond shall be filed with the clerk of thesuperior court within five days after the filing ofthe notice of appeal and shall be approved by him.

SEC. 35. Any bank or corporation claiming thatIllegal tax a tax levied or computed against it under this actpaid under

srtst, is illegal or void, in whole or in part, may pay therecover, amount of the tax levied or computed against it

under protest and bring action against the treasurerof the county to whom such tax was paid to recoversuch tax or the portion thereof claimed to be illegalor void, with interest. Such protest shall be in writ-ing and shall state the grounds upon which theillegality or invalidity of the tax is asserted, andshall be filed with the county treasurer at the timethe tax is paid. No action for the recovery of suchtax or portion of a tax shall be commenced untilsixty days after the taxpayer shall have filed withthe county commissioners of such county an applica-tion for the refund of such tax or part thereof, norshall such action be maintained unless commencedwithin ninety days after such county commissionersshall have denied such application. No applicationfor a refund shall be filed more than sixty days afterpayment of the tax. A copy of all applications forrefunds of taxes shall be filed with the tax com-mission.

SEC. 36. If. final judgment shall be renderedJudgment against any corporation in an action brought to re-unpaid,icense to cover taxes imposed under this act, and such judg-

do businesssuspended. ment remain unsatisfied for a period of ninety days,

the commission or the treasurer of the county inwhich such action was prosecuted shall forthwithlodge a transcript of such judgment with the secre-tary of state and the secretary of state shall notthereafter issue a license to such corporation to dobusiness nor shall such corporation exercise any ofits corporate powers or franchises within the Stateof Washington while such judgment remains un-satisfied.

396 SESSION LAWS, 1929. [CH. 151.

C11. 151.] SESSION LAWS, 1929. 397

SEC. 37. It shall be unlawful for any member Disclosureof informna-of the commission, or clerk, agent, deputy or em- tion, reports,

ployee thereof, to divulge or make known in anymanner whatsoever not provided by law to anyperson the amount or source of income, profits,losses, expenditures, or any particular thereof setforth or disclosed in any report filed with the com-mission by any bank or corporation, or to permitany return, or copy thereof, or any book containingany abstract or particulars thereof to be seen orexamined by any person, except as provided by law,or to print or publish, in any manner whatever notprovided by law, any return, or any part thereof,or source of income, profits, losses or expendituresappearing in any return, and any person who shall Penalty.

violate the provisions of this section shall be guiltyof a misdemeanor.

SEC. 38. If any section or provision or part of Invalidity

this act shall be adjudged to be invalid or uncon- toaaaectstitutional, such adjudication shall not affect thevalidity of the act as a whole or any section, provi-sion or part thereof not adjudged invalid or un-constitutional.

SEC. 39. Sections 28, 29, 30, 31 and 32, chapter Repeals$ 28, 29, 30,

130 of the Laws of the Extraordinary Session of 11 and 32,Chap. 130,

1925 are hereby repealed: Provided, That nothing " aws

herein contained shall be construed as affecting anyexisting right acquired under the provisions of saidact or any of the sections thereof, or the validityof any act done or proceeding had under and by Poeeing

undervirtue of said act or sections, or as affecting any repealed

assessments or levies made prior to January 1, 1929, affete.ot

under and by virtue of said act or sections, or asaffecting any proceeding instituted under said actor sections but all proceedings, for the assess-ment, levy or collection of any tax remaining in-complete at the time of the taking effect of this actmay be completed pursuant to the provision of acts

SESSION LAWS, 1929.

so repealed and all things required by said act orsections to be done within any specified time, whichtime has begun to run at the time of the taking ef-fect of this act, shall be done within such specified

Repealnot time. Provided further, That the repeal hereby ofto reviveformer acts. any act or part of an act or any section shall not

operate to revive such former act or part of an actor section thereof so amended or repealed.

SEC. 40. This act is necessary for the immed-Effective im- iate support of the state government and its existingmediately. public institutions, and shall take effect immediately.


CHAPTER 152.[H. B. 422.]

RE-APPROPRIATION FOR HIGHWAYS IN ISLAND ANDOTHER COUNTIES.

AN ACT re-appropriating a certain sum from the permanent high-way fund for the construction and maintenance of highwaysin counties composed entirely of islands and for the con-struction and maintenance of permanent highways in allother counties, and declaring that this act shall take effectimmediately.


SECTION 1. For the completion of work alreadyConstruction under contract, for new contracts, and for the con-and main-tenance. struction and maintenance of highways in counties

composed entirely of islands and for the completionof work already under contract, for new contractsand for the construction and maintenance of perma-nent highways in all other counties there is hereby

Permanent re-appropriated from-the permanent highway fundfund. the sum of one million two hundred and sixty-five

thousand, nine hundred and fifty-four dollars and

398 [CH. 152.

SESSION LAWS, 1929.

fifty-five cents ($1,265,954.55), or so much thereofas may be necessary; the same being the unexpendedbalance of the permanent highway fund as shownby the state auditor's books on December 31st,1928: Provided, however, That the amount abovestated, together with the amount expended, shall notexceed the original appropriation made in 1927 forsaid purposes.

SEC. 2. This act is necessary for the immediate Effective im-



CHAPTER 153.[S. B. 173.]

DESTRUCTION OF RECORDS RELATING TO MOTORVEHICLE LICENSES.

AN ACT authorizing the director of licenses and county auditorsto destroy certain office files and records.


SECTION 1. That the director of licenses may Licenses,copies and

destroy applications for motor vehicle licenses, applications.

copies of motor vehicle licenses issued, applicationsfor motor vehicle operator's licenses and copies ofissued motor vehicle operator's licenses after suchrecords shall have been on file in his office for aperiod of three years.

SEC. 2. That the county auditors may destroy County

applications for motor vehicle licenses after such auditor.

applications shall have been on file in their respec-tive offices for a period of three years.


OH. 153.] 399

SESSION LAWS, 1929.

CHAPTER 154.[S. B. 144.]

OVERFLOWING AND INUNDATING PUBLIC HIGHWAYS. AND STREETS.

AN ACT relating to overflowing and Inundating public highwaysand amending Section 1 of Chapter 202 of the Laws of 1927.


Amends SECTION 1. That section 1 of chapter 202 of the§ 1 Chap.2o, Laws Laws of 1927 be amended to read as follows:1927. Section 1. The state highway committee shallState have power to, and in its sole discretion may, granthighwaycommittee, to any person or corporation the right, privilege andpower. authority to perpetually back and hold the waters

of any lake, river, stream, slough or other body ofwater, upon or over any state, county or permanenthighway or road, or any street or alley within the

Streets of limits of any town or city of the fourth class, orfourth classcity. any part thereof, and overflow and inundate the

same whenever the state supervisor of hydraulicsSupervisor of shall deem it necessary for the purpose of erecting,hydraulics. constructing, maintaining or operating any water

power plant, reservoir or works for impoundingwater for power purposes, irrigation, mining orother public use and shall so certify to the statehighway committee. The decision of the state high-way committee, in the absence of bad faith, arbi-trary, capricious or fraudulent action, shall be con-clusive. But no such right shall be granted until itshall have been heretofore or shall be hereafter de-

Condemna- termined in a condemnation suit instituted by saidtion suit.

person or corporation desiring to obtain such rightor rights in the county wherein is situated that partof said road, highway, street or alley so to be af-fected that the use for which said grant is soughtis a public use, nor until there shall be filed with theclerk of the court in which the order or decree of

400' ICH. 154.

SESSION LAWS, 1929.

public use was entered a bond or undertaking signed Surety bond.

by the person or corporation seeking the grant,executed by a surety company authorized to do busi-ness in this state, conditioned to pay all costs andexpenses of every kind and description connectedwith and incident to the relocation and reconstruc-tion of any such highway, road, street or alley, the Relocation

and recon-same to be of substantially the same type and grade struction.

of construction as that of the highway, road, streetor alley to be overflowed or inundated, including anysuch relocation, reconstruction and maintenancecosts and expenses as may arise within a period of18 months after such new highway, road, street oralley shall have been opened, in its entirety, to publictravel, and also including any and all damages forwhich the state, county, city or town may be liablebecause of the vacation of any such highway, road,street or alley and the relocation thereof in the man-ner provided herein and to save harmless the state,county, city or town from the payment of the sameor any part thereof. Such bond shall be in a penalsum of double the estimated amount of the ex- Amount of

bond.penses, costs and damages referred to above, suchestimate in case of a state highway to be made bythe state highway committee, in case of a countyroad or permanent highway, to be made by theboard of county commissioners and in case of astreet or alley of a town or'city of the fourth class,to be made by the city or town council thereof. Saidbond shall be approved by the state highway com-mittee when the road to be affected shall be a statehighway, and in all other cases by a judge of thesuperior court in which the order or decree of publicuse was entered. In such condemnation suit the State,

county orState of Washington shall be made a party defend- city defend-

ants in con-ant when the road affected shall be a state highway; sunationif the road shall be a county road or permanenthighway the county in which said road or permanent

CH. 154] 401

SESSION.LAWS, 1929.

highway is situated shall be made a party defendantand when any street or alley in any town or city ofthe fourth class shall be affected such city or townshall be made a party defendant. Any person orcorporation may acquire the right to overflow asagainst the owner of the fee in any such highway,road, street or alley by making the owner of suchfee, or of any part thereof, a party defendant in thecondemnation suit provided for herein, or by in-stituting a separate condemnation suit against anysuch owner; the damages sustained by any suchowner as a result of the overflow of any such high-

Damages. way, road, street or alley to be determined as inother condemnation cases, separate and apart fromany damage sustained by the state, county, city ortown.

Passed the Senate February 15, 1929.

Passed the House March 6, 1929.

Approved by the Governor March 20, 1929..

CHAPTER 155.[S. B. 130.]

SALE OF ABANDONED FISH HATCHERY LANDS.

AN ACT providing for the sale of certain lands of the State ofWashington.


SECTION 1. That the following described tractsHatchery of land, heretofore acquired by the department oflandsabandoned. fisheries and game of the State of Washington for

fish hatchery purposes, having now been abandonedfor such use, are hereby declared to constitute apart of the public domain of the State of Wash-ington:

[CH. 155.402

SESSION LAWS, 1929.

KALAMA HATCHERY EYEING STATION.

Commencing at the southwest corner of the Kaia

Simon P. Girty donation land claim in section 32, Staiin.

township 7 north, range one west of the W. M.,thence east 256.1 feet to a point being the point ofbeginning; thence east 666.7 feet; thence north9037' east 839.9 feet to the southeast corner ofpresent state hatchery site; thence south 76020'west 144.3 feet; thence north 200 west 74.5 feet;thence west 189.9 feet; thence south 27035' west974.7 feet to the place of beginning, containing 10acres more or less.

KALAMA HATCHERY EYEING STATION.

Commencing at the southwest corner of theSimon P. Girty donation claim in section 32, town-ship 7 north, range one west, running thence east922.8 feet, thenc*e north 793.9 feet to a point beingthe place of beginning; thence north 76020' east144.3 feet to the right bank of Kalama River; thenceup said stream along said right bank north 240east 320 feet; thence south 49005' west 391.5 feet;thence south 200 east 74.5 feet to the place of be-ginning, containing seventy-three hundredths acres.

SNOHOMISH HATCHERY.

Commencing at a point north 88' 45" east 30 Snohomish

chains and 87 links, south 11 chains and 82 links tothe common corner of sections 4, 5, 32 and 33, town-ships 27 and 28 north of range 8 east; running thencenorth 6 chains, thence east 8 chains, thence south23' 30" west 290 links; thence south 34' 30" east 418links; thence south 88' 45" west 4 chains and 42links to point of beginning, containing 3.7 acres,more or less; also a strip 20 feet wide beginning atthe initial point of the above described tract andrunning thence north 55" west 246 links, thencenorth 46' 30" west 470 links to the county road.

CH. 155.] 403

SESSION LAWS, 1929.

WILLAPA HATCHERY No. 2.Willapa Beginning at a point 300 feet north and 270 feetNo. 2. east of S. W. quarter, lot 2, section 6, township 13

north, range 8 west, W. M., said point being on theeast bank of the south fork of the Willapa River;thence east 130 feet; thence north 400 feet; thencewest 285 feet to the east bank of the south fork ofthe Willapa River; thence up stream along said bankof the river to place of beginning, containing 1.67acres, more or less.

NISQUALLY HATCHERY.

Nisqually Beginning at the southeast corner of the Nis-Hatchery. a otes fteNsqually Indian Reservation on the township line be-tween townships 17 and 18 north, range 1 east W.M.; thence east with said township line 200 feet;thence north 206.6 feet; thence north 80o west190.3 feet to a point on the east line of said reserve240 feet from the southeast corner thereof; thencesouth 30 west 240 feet to the place of beginning, con-taining one acre, more or less, and lying and beingin lot 2 of section 36 in township 18 north, range 1east W. M.

NORTH RIVER HATCHERY.

North River Beginning at the quarter corner between sectionHatchery,.t h7, township 15 north, range 9 west, and section 12,township 15 north, range 10 west W. M.; thencesouth 230.7 feet more or less; thence east 974.2feet more or less to a point on the west bank ofNorth River where Mosley Creek flows into saidriver, this point being the place of beginning of thisdescription; thence south 64o40' west 205 feet to acedar stake; thence north 25020' west 200 feet to acedar stake; thence north 64o40' east to the westbank of North River; thence in an easterly directionfollowing the bank of said river to the place of be-ginning. The above tract being located in lot 7, of

404 [CH. 155.

SESSION LAWS, 1929.

section 7, of township 15 north, range 9 vest of theW. M., Grays Harbor County, State of Washington.

MIDDLE FORK NOOKSACK HATCHERY.

Lying south of county road and north of Canyon Middle ForkNooksack

Creek and more particularly described as follows: Hatchery.

Commencing at a point 713.2 feet north and1054.3 feet west of section corner to sections 26, 27,34 and 35, township 39 north, range 5 east W. M.;thence north 71'36' west 203.0 feet; thence north62'20' west 84.0 feet; thence south 369.0 feet;thence north 76'02' east 231.7 feet; thence north11'54' east 205.0 feet to place of beginning, con-taining 1.56 acres.

SOUTH FORK NOOKSACK HATCHERY.

One-half acre of land in lot 3, section 6, town- South ForkNooksack

ship 37, range 5 east W. M., Whatcom County, State Hatchery.

of Washington.

STILLAGUAMISH HATCHERY.

Beginning at the quarter post between sections stina-guamish

9 and 10; township 31 north, range 6 east W. M.; Hatchery.

thence west 1320 feet to -a post set in the west bankof the Jim Creek; thence south 419 feet; thence west113 feet to a post set on the south bank of said JimCreek, being the true point of beginning; thence ina southwesterly direction 175 feet following saidJim Creek bank var. 62o30" east to a post set onsaid Jim Creek bank; thence in a southeasterly di-rection 125 feet var. 62'30"- east to a post set; thencein a northeasterly direction 175 feet var. 62'30" toa post set; thence in a northwesterly direction 125feet var. 62o30" east to the true point of beginning,containing one-half acre, more or less, in the north-west quarter of the southeast quarter of section 9,township 31 north, range 6 east W. M.

SEc. 2. The commissioner of public lands is commis-sioner of

hereby authorized, and it shall be his duty forthwith, public landsto sell.

405CH. 155.]

to sell the said tracts of land, such sale or sales to beconducted in accordance with the procedure pre-scribed by law for the sale of state lands, exceptcapitol building lands and tide or shore lands: Pro-vided, That such sale or sales shall be for cash and,Provided, further, That the proceeds derived fromfrom such sale or sales shall be converted into, andbecome a part of, the state general fund except theproceeds of the sale of the Nisqually hatchery tractwhich shall become a part of the permanent schoolfund.


CHAPTER 156.[S. B. 89.]

CHATTEL MORTGAGES.

AN ACT relating to chattel mortgages, and amending Section 1of Chapter XCVIII of the Laws of 1899, and declaring thatthis act shall take effect immediately.


SECTION 1. That section 1 of chapter XCVIIIAmends (98) of the Laws of 1899, pages 157-158, (section§ 3779, Rem.Comp. Stat. 3779 of Remington's Compiled Statutes; section§9759,

Pe.res 9759 of Pierce's Code) be amended to read as fol-lows:

Section 1. Mortgages may be made upon allPersonal kinds of personal property; and upon growing cropsproperty,growins and upon crops before the seed thereof shall have

been sown or planted, as follows:Annual field (1) Mortgages on annual field crops shall be ofcrops. no force or effect unless the seed therefor shall be

406 SESSION LAWS, 1929. [CH. 156.

SESSION LAWS, 1929.

sown or planted within one year after the executionof such mortgage.

(2) Crops grown upon perennial plants, other Perennialplant crops.

than fruit or nut crops, may be mortgaged at anytime, but not before one year prior to the time theseed, bulbs, roots or tubers thereof are sown orplanted, covering any and/or all crops to be har-vested during the first and/or second year after suchsowing or planting.

(3) Any or 'all crops grown on perennial plants,other than fruit or nut crops, the seed, bulbs ortubers of which have been sown or planted more than

UtAfter 111htwo years, may be mortgaged at any time after, but of November.

not before the thirtieth day of November of the yearpreceding that in which such crop or crops growand mature.

(4) Crops grown upon biennial plants may be Biennialplant crops.

mortgaged at any time, but not before one year priorto the time the seed thereof is sown or planted,covering any or all crops grown from said seed.

(5) Fruit or nut crops growing upon perennial Fruit or

trees, shrubs or plants may be mortgaged at anytime after, but not before the thirtieth day ofNovember of the year preceding the year in whichsuch crop grows and matures.

SEC. 2. This act is necessary for the immediate Effective i-mediately.

preservation of the public peace, health and safety,and shall take effect immediately.

Passed the Senate January 25, 1929.Passed the House March 6, 1929.Approved by the Governor March 20, 1929.

OH. 156.] 407

SESSION LAWS, 1929.

CHAPTER 157.[S. B3. 77.]

AERONAUTICS.

AN ACT concerning aeronautics, licenses for aircraft and airmen,air traffic rules, and to make uniform the law with referencethereto, and declare that this act shall take effect immedi-ately.


SECTION 1. In this act "aircraft" means anyDefinitions contrivance now known or hereafter invented, used,

or designed for navigation of or flight in the air,Aircraft. except a parachute or other contrivance designed

for such navigation but used primarily as safetyequipment. The term "airman" means any indi-

Airman. vidual (including the person in command and anypilot, mechanic or member of the crew) who en-gages in the navigation of aircraft while under wayand any individual who is in charge of the inspec-tion, overhauling, or repairing of aircraft. "Op-

Operating erating aircraft" means performing the services ofaircraft.

aircraft pilot.

SEC. 2. The public safety requiring and the ad-

Contirctton vantages of uniform regulation making it desirablein the interest of aeronautical progress that aircraftoperating within this state should conform withrespect to design, construction, and airworthiness tothe standards prescribed by the United States Gov-

United ernment with respect to navigation of aircraft sub-States re-quirements. ject to its jurisdiction, it shall be unlawful for any

person to navigate any aircraft within this stateunless it is licensed and registered by the depart-ment of commerce of the United States in the man-ner prescribed by the lawful rules and regulationsof the United States Government then in force: Pro-vided, however, That for the first thirty days afterentrance into this state this section shall not apply

408 [CHi. 157.

SESSION LAWS, 1929.

to aircraft owned by a non-resident of this state otherthan aircraft carrying persons or property for hire,if such aircraft is licensed and registered and dis-plays identification marks in compliance with thelaws of the state, territory or foreign country ofwhich its owner is a resident.

SEC. 3. The public safety requiring and the ad- U_ rilicense

vantages of uniform regulation making it desirable required.

in the interest of aeronautical progress that a personserving as an airman within this state should havethe qualifications necessary for obtaining and hold-ing the class of license required by the UnitedStates Government with respect to such an airmansubject to its jurisdiction, it shall be unlawful forany person to serve as an airman within this stateunless he have such a license: Provided, however,That for the first thirty days after entrance into thisstate this section shall not apply to non-residents ofthis state operating aircraft within this state, otherthan aircraft carrying persons or property for hire,if such person shall have fully complied with thelaws of the state, territory or foreign country of hisresidence respecting the licensing of airmen.

SEC. 4. The certificate of the license herein re- osession

quired shall be kept in the personal possession of thelicensee when he is serving as an airman within thisstate, and must be presented for inspection upon thedemand of any passenger, any peace officer of thisstate, or any official, manager, or person in chargeof any airport or landing field in this state uponwhich he shall land.

SEC. 5. The public safety requiring and the ad- U. S. airtraffic rules

vantages of uniform regulation making it desirable to govern.

in the interest of aeronautical progress that anyperson operating aircraft within this state shouldconform to the air traffic rules now or hereafterestablished by the secretary of commerce of the

CH. 157.] 409

United States for the navigation of aircraft subjectto the jurisdiction of the United States, it shall beunlawful for any person to navigate any aircraftwithin this state otherwise than in conformity withsaid air traffic rules.

SEC. 6. Any person who violates any provisionPenalty for of this act shall be guilty of an offense punishableviolation.

by a fine of not exceeding five hundred dollars orby imprisonment not exceeding six months, or byboth such fine and imprisonment.

SEC. 7. If any provision of this act is declaredunconsti tu- unconstitutional or the application thereof to anytional pro-visions not person or circumstance is held invalid, the validityto affect crusac shl hbalance. of the remainder of the act and the application of

such provision to other persons and circumstancesshall not be affected thereby.

SEC. 8. This -act is necessary for the immediateEffective im- preservation of the public safety, and shall takemediately,.o fth aey

effect immediately.


CHAPTER 158.ES. B. 100.]

STATEMENT CONCERNING PERSONS CONVICTEDOF CRIME.

AN Acr providing for the furnishing of information by prosecut-ing attorneys to the parole boards of the Washington statepenitentiary and the Washington state reformatory regard-ing persons convicted of crime and sentenced to said insti-tutions.


SECTION 1. Whenever any person shall be con-Prosecuting victed of a crime and who shall be sentenced to im-attorney tomake state- prlSonment or confinement in the Washington statement.

410 SESSION LAWS, 1929. [CH. 158.

SESSION LAWS, 1929.

penitentiary or the Washington state reformatory,it shall be the duty of the prosecuting attorney whoprosecuted such convicted person to make a state-ment of the facts respecting the crime for whichthe prisoner was tried and convicted, and includein such statement all information that he can givein regard to the career of the prisoner before thecommission of the crime for which he was convictedand sentenced, stating to the best of his knowledgewhether the prisoner was industrious and of goodcharacter, and all other facts and circumstancesthat may tend to throw any light upon the questionas to whether such prisoner is capable of againbecoming a good citizen.

SEC. 2. Such statement shall be signed by the Approved

prosecuting attorney and -approved by the judge bywhom the judgment was rendered and shall be de-livered to the sheriff, traveling guard or otherofficer executing the sentence, and a copy of suchstatement shall be furnished to the defendant or hisattorney. Such officer shall deliver the statement,at the time of the prisoner's commitment, to thesuperintendent of the institution to which suchprisoner shall have been sentenced and committed.The superintendent shall make such statement avail- Available to

able for use by the parole board. parole board.


CH. 158.] 411

SESSION LAWS, 1929.

CHAPTER 159.[S. B. 123.]

STATE LIBRARY COMMITTEE.

AN ACT relating to the system of traveling libraries, abolishingthe state library committee and providing that the dutiesheretofore performed by the state library committee shall beperformed by the superintendent of public instruction, anddeclaring that this act shall take effect April 1, 1929.


Superinten- SECTION 1. The superintendent of public instruc-dent of

intrction. tion shall have the power, and it shall be his duty,to exercise all the powers and perform all the dutiesnow vested in and required to be performed by thestate library committee.

liatery SEC. 2. The state library committee is herebycommittee. abolished.

SEC. 3. This act is necessary for the support ofthe state government and its existing public institu-tions and shall take effect April 1, 1929.

Passed the Senate March 5, 1929.Passed the House March 11, 1929.Approved by the Governor March 20, 1929.

412 [CH. 159.

SESSION LAWS, 1929.

CHAPTER 160.[S. B. 124.]

STATE ARCHIVES COMMITTEE.

AN ACT abolishing the state archives committee and providingthat the duties heretofore performed by the state archivescommittee shall be performed by the director of businesscontrol, and declaring that this act shall take effect April1, 1929.


SECTION 1. The director of business control Director ofbusiness

shall have the power, and it shall be his duty, to control.

exercise all the powers and.perform all the dutiesnow vested in and required to be performed by thestate archives committee.

SEC. 2. The state archives committee is hereby statearchives

abolished, committeeabolishd.olisne

SEC. 3. This act is necessary for the immediatesupport of the state government and its existingpublic institutions and shall take effect April 1, EfAeie

1929.


Onr. 160.] 413

SESSION LAWS, 1929.

CHAPTER 161.(S. B. 127.]

REPORTS OF STATE OFFICIALS.

AN ACT relating to reports of state officers, boards, commissions,regents, trustees and institutions required to be made tothe governor or to the governor and/or the legislature, andrepealing conflicting acts.


SECTION 1. Reports now or hereafter requiredto be made by state officers, boards, commissions,regents, trustees and institutions to the governor,or to the governor and/or the legislature, shall be

Typewritten. typewritten, the original of which shall be filed withthe governor, or with the governor and/or the legis-lature, as the law may require, and a duplicate copyof any such report shall be filed with the directorof efficiency. It shall be the duty of the director ofefficiency to determine which reports, or what por-tions of any report, with the approval of the gov-ernor, shall be printed as public documents. The

Printing. governor shall determine the number of such re-ports to be printed for distribution.

Repeal. SEC. 2. All acts or parts of acts in conflict withthe provisions of this act are hereby repealed.


[CH. 161.414

SESSION LAWS, 1929.

CHAPTER 162.[S. B. 129.]

STATE BUDGET SYSTEM.

AN ACT relating to the budget system for the State of Washing-ton, and amending Sections 2, 3, 4, 7 and 10 of Chapter 9of the Laws of 1925, and further amending said Chapter byadding thereto a new section to be known as Section 2-a.


SECTION 1. That section 2 of chapter 9 of the Amends 9 2,Chap. 9,

Laws of 1925 be amended to read as follows: Laws 1925.

Section 2. On or before the first Monday in Sep- Department

tember of the year preceding the biennial meeting estimates.of the legislature it shall be the duty of the headof every department to file with the director ofefficiency upon forms to be provided by him notlater than the preceding first day of July, detailedestimates of all expenditures to be required for thedepartment and of all revenues, other than taxes,likely to become available to such department forthe ensuing fiscal biennium, and such other informa-tion as may be required by the director of efficiency.The estimate for the supreme court shall be com-piled by the clerk and certified by the chief justice,and the estimate for legislative expenses shall be astatement of the total expenditures of the last pre-ceeding regular session.

The estimates herein provided shall be segre-gated under the proper sub-divisions of the depart-ment and shall be classified, itemized and assembledin the form to be prescribed by the director ofefficiency, and shall have the following accounting Segregations.

segregations throughout:Operating

(a) Operating and maintenance expenses; aend-am-and ainenace epenes; tenance.

(b) Capital and betterment outlays. Capital andbetterment.

CHr. 162.] 4 1.5

SESSION LAWS, 1929.

Adds § 2-ato Chap. 9 SEC. 2. That there shall be added to chapter 9Laws 1925. of the Laws of 1925, a new section to be known and

numbered as section 2-a and to read as follows:State Section 2-a. On or before the twentieth day ofauditor.da

May immediately preceding the biennial session ofthe legislature, the state -auditor shall file with the

S tat emnt director of efficiency the following statement and

tures. data, certified by him to be correct:A detailed statement of the actual expenditures

of each department and of each of its sub-divisions,classified according to such uniform cost-finding ex-pense classification as may be prescribed by thedirector of efficiency, for the last completed bienniumand for the completed fiscal year of the currentbiennium, together with the corresponding appro-priations for each of said biennial periods.

SEc. 3. That section 3 of chapter 9 of the Lawsof 1925 be amended to read as follows:

Stateda Ocoeauditor to Section 3. On or before the 20th day of Octoberfile state- ~ ~ rcdnment. immediately preceding the biennial session of the

legislature the state auditor shall file with the di-rector of efficiency the following statements anddata, certified by him to be correct:

rest ad (a) A detailed statement of the interest andrequirementsfor bonds, redemption requirements for all state bonds and

warrants for each fiscal year of the ensuing fiscalbiennium;

Sning (b) A statement of the assets and liabilities ofall sinking funds -as of the first day of said October;

Receipts byearets. (c) A detailed statement of the actual receipts,

from sources other than taxation, collected for orby each department during the completed fiscal yearof the current biennium;

Expendi- (d) A detailed statement of the actual expend-tures.itures of each department and of each of its sub-divisions, classified according to such uniform cost-finding expense classification as may .be prescribedby the director of efficiency, for the first six months

416 [CH. 162.

SESSION LAWS, 1929.

of the second year of the current biennium, togetherwith the corresponding appropriations for saidperiod.

SEC. 4. That section 4 of chapter 9 of the Laws Amends §4,


Section 4. On or before the 15th day of Novem-ber immediately preceding the biennial session ofthe legislature the director of efficiency shall com- Director of

efficiency topile, tabulate and assemble the foregoing estimates tabulate and

assemble

and statements in the form hereinafter provided estimates.

and transmit the same to the governor as the pre-liminary budget in a compact and bound form. Thedirector of efficiency shall make up the estimate forany fund or for any miscellaneous purpose notcovered by the said departments and shall includethe same, together with the said comparative ap-propriations and expenditures, in the preliminarybudget. The preliminary budget shall contain the Preliminary

following statements, and such other data as maybe necessary and proper to an understanding of thefinancial condition and needs of the state:

(a) General Summary by Funds-This state- Generalsummary.

ment shall set forth by funds in tabular and col-umnar form the following data:

1,EtimatedEstimated non-tax revenue for the ensuing fiscal non-tax e

biennium; estimated expenditures for the ensuing revenues.

fiscal biennium as set forth in the preliminarybudget; estimated tax levy in mills for each fiscalyear of ensuing fiscal biennium, based on the lastequalized valuation of the taxable property in thestate. Extra columns shall also be provided for theestimates of expenditures as revised by the gov-ernor and for a similar estimated tax levy based onsuch revision, which shall be filled in upon the com-pletion of the governor's revision of the estimatesand become a part of this statement for the gover-nor's budget. In estimating tax levies where thereis a fixed rate provided by law for any fund, such

-14

CH. 162.] 417

SESSION LAWS, 1929.

rate shall be taken, but the expenditures to be madetherefrom shall be subject to the provisions of thisact.

(b) Comparative Summary by Funds-ThisComparative Statement shall set forth by funds in tabular andsummary.

columnar form the following data:Actual receipts for last completed fiscal year;

Actual estimated receipts for ensuing fiscal biennium; ap-receipts.propriations for last completed fiscal biennium; ex-penditures for last completed fiscal biennium; ap-propriations for current fiscal biennium; expend-itures for the completed year and for the first sixmonths of the second year of the current fiscal bien-nium, separately; estimated expenditures for ensu-ing fiscal biennium. An extra column shall be pro-vided for the governor's revision of the estimates.

umarabve (c) Comparative Summary by Departments:departments. This statement shall set forth by departments in

tabular and columnar form all the data requiredin sub-division (b) of this section, except that re-lating to actual and estimated receipts.

eties (d) Detailed Estimates by Departments:entar- This statement shall set forth in detail by depart-

ments and sub-divisions of departments, classifiedaccording to the classification required in sub-divi-sion (d) of section 3 hereof, and in tabular and col-umnar form, all the data required in sub-division(c) of this section, except that relating to expend-itures for the first six months of the second yearof the current biennium. Under the class of salaries,the title or position of each officer and employeeshall be designated, and an extra column shall beprovided in which shall be entered the rate of salarypaid each officer and employee. Accompanying thepreliminary budget the director of efficiency shalltransmit to the governor any other information ordata that he may have, bearing on the sufficiency orinsufficiency of the departmental requests, which

418 [Cu. 162.

SESSION LAWS, 1929.

would be of assistance to the governor in makingproper revisions of the estimates.

SEc. 5. That section 7 of chapter 9 of the Laws mends


Section 7. Within five days after the convening toosubno

of the legislature the governor shall submit to each legiltue.

house thereof copies of his budget for the ensuingfiscal biennium, in the form provided herein for thepreliminary budget. Accompanying such budget heshall also transmit in addition to the statements anddata required in sections 4 and 6 hereof-

(a) A balanced statement showing:

(1) The condition of the treasury at the end of steg

the preceding calendar year; Condition oftreasury.

(2) The current assets, liabilities, reserves andAssets,

surplus or deficit of the state at the end of the pre- liabilities,etc.

ceding calendar year;(b) All essential facts regarding the bonded tndedand

and other indebtedness of the state; edness.

(c) Such other financial statements and data as Financial. statements.

in his opinion are necessary or desirable to makeknown in all practical detail the financial conditionof the state.

In the compilation of the foregoing statements Call upondepartments.

and data, the governor is hereby authorized to callupon the heads of every department for assistance,which officials, upon written request of the governor,shall prepare and verify any or all such statementsand data intended to be submitted to the legislature.

The governor's budget, together with all data Budget,public

accompanying it, shall be a public document and document.

copies thereof shall be furnished to each member ofthe legislature, to every department, and to everyfree public library in the state which shall file a writ-ten request therefor with the director of efficiencynot later than November 1st of the year of its com-pilation.

Cn. 162.] 419

SESSION LAWS, 1929.

Amends 10, SEC. chapter 9 of the LawsChap. 9, S~.6. That section 10 ofchpe9ofteLwLaws 1925. of 1925 be amended to read as follows:

ergendcy Section 10. * Whenever an emergency shall arisetures. necessitating an expenditure for the preservation

of peace, health or safety, or for the carrying on ofthe necessary work required by law of any depart-ment for which insufficient or no appropriationshave been made, the head of such department shallsubmit to the governor, duplicate copies of a swornstatement, setting forth the facts constituting suchemergency and the estimated amount of money re-quired therefor. If the governor shall approve suchestimate in whole or in part, he shall endorse oneach copy of such statement his approval, togetherwith a statement of the amount approved and trans-mit one copy to the head of the department andthereby authorize the head of. such department toincur such liability. Such authorization and fullcompliance with its provisions shall relieve the per-son incurring any such liability from personal lia-bility or penalty therefor. The total amount of suchliabilities outstanding on December 1st of the yearpreceding the biennial session of the legislatureshall be included in the governor's budget as a de-ficiency, and provisions for an appropriation there-for made in his budget bill: Provided, That in nobiennium shall the total amount of such liabilitiesexceed the sum of two hundred and fifty thousanddollars ($250,000.00).


42 0 [CiH. 162.

SESSION LAWS, 1929.

CHAPTER 163.[S. B. 208.]

DISPOSITION OF MOTOR VEHICLE FUND.

AN ACT relating to the use and maintenance of public highwaysand expenditures from the motor vehicle fund, and amendingSection 18 of Chapter 96 of the Laws of 1921 (Sectio'n 6330of Remington's Compiled Statutes) as amended by Chapter185, Laws Extraordinary Session 1925, and declaring thatthis act shall take effect immediately.


SECTION 1. That section 18 of chapter 96 of the Amends§ 6330, Rem.

Laws of 1921 (section 6330 of Remington's Com- Comp. Stat.

piled Statutes) as amended by chapter 185 LawsExtraordinary Session of 1925, be amended to readas follows:

Section 18. There is hereby created in the state Motorvehicle

treasury a state fund to be known as the "motor fundcreated.

vehicle fund." All fees collected by the state treas-urer, as herein provided, shall be paid into the statetreasury and placed to the credit of the motor ve- Annual

paymentshicle fund, from which shall be paid or transferred from.

annually:(a) The amount required to be repaid to the Itsland

counties entirely surrounded by water, as providedby law.

(b) To each city of the first or second class in First andsecond classthe state in which there are streets forming a part cities.

of the route of any primary state highway throughsuch city, there shall be remitted by the state audi-tor, annually, by warrant drawn on the state treas-urer and payable from the motor vehicle fund, asum equal to five hundred dollars ($500.00) per mile,less any vouchered amounts for maintenance and/orrepairs, as hereinafter authorized, for each mile ofprimary state highway in such city, to be expendedfor the maintenance and improvement and repair of

CHi. 163.] 421

the streets forming a part of the route of the statehighways in such city.

(c) To each city of the third or fourth class inThird or which there are paved streets forming a part of thefourth classcities. route of any primary state highway through such

city, there shall be remitted by the state auditor, an-nually, by warrant drawn on the state treasurer andpayable from the motor vehicle fund, a sum equalto five hundred dollars ($500.00) per mile, less anyvouchered amounts for maintenance and/or repairs,as hereinafter authorized, for each mile of pavedprimary state highway in such city, to be expendedfor the maintenance and improvement and repair ofthe paved streets forming a part of the primarystate highways in such city.

(d) The state highway engineer may give theState city authorities permission to expend said mainte-highway

egieert nance money upon the other streets in such city pro-toxpermiteteni- vided repairs and improvements on streets formingother streets. state highways are maintained as near as possible

equal to the standard of the original construction,subject to the approval and direction of the statehighway engineer. When the repair of any damaged

Delay. portion of the state highway street is delayed foran unreasonable length of time the state highway

Notice. engineer shall notify the proper authorities of suchcity to make the necessary repairs within a speci-

pincom fled time not to exceed thirty days. Non-compliancewith this notice will authorize the state highway en-gineer to direct the state highway department tomake the necessary repairs to the extent of, and notto exceed, the amount of the allotment made to suchcity during the fiscal year, and forward a statementof the cost of such repairs and/or maintenance tothe state auditor and the state treasurer directingthis amount be paid from the motor vehicle fund onproper voucher for material and labor, and deductedfrom any monies due such city as hereinbefore set

422 SESSION LAWS, 1929. [CH. 163.

SESSION LAWS, 1929.

forth in (b) and (c) of this section. There shallbe submitted to the state highway engineer not laterthan the fifth day of January of each year a certi- Statement

of repairsfled statement by the city clerk of each city affected anniprove-

by the foregoing provisions showing in detail therepairs and/or improvements made on streets form-ing the state highway in such city and the amountof money expended on such repairs and/or improve-ments during the calendar year last passed. Thestate shall maintain the roadway of all unpavedstreets, or portions thereof, forming a part of theroute of any primary state highway through cities state to

maintainof the 3rd and 4th class, in the manner provided by in 3rd and

4th classlaw for the maintenance of primary state highways cities.

outside of incorporated cities and towns: Provided,This act shall not be construed to include the main-tenance of sidewalks, cross-walks, structures anddrainage facilities, including repairs of damagecaused by water, sewer or gas mains, and telephoneconduits.

The state highway engineer shall determine what tate

streets in cities form a part of the route of any pri- engineer to

mary state highway and shall, between the fifteenthday of February and the fifteenth day of March ofeach year, certify in duplicate, one copy to the statetreasurer, and one copy to the clerk of each cityaffected by the foregoing provisions, the number ofmiles of such constructed highways within such cityforming a part of the route of -a primary state high-way.

(e) The balance remaining in the motor vehicle Balancein fund.

fund, after the payments and remittances herein-above provided for, less any sums appropriated foradministrative expenses in the office of the statetreasurer, the department of licenses and the officeof the state highway engineer, and any sums dis-tributed to counties for construction and/or mainte-nance of county roads, shall be applied annually to

CH. 163.] 423

SESSION LAWS, 1929.

construction and/or paving and maintenance of thestate primary highways, and the construction of sec-ondary state highways, as provided by appropria-tion.

Effective im- SEC. 2. This act is necessary for the immediatemediately.

support of the existing public institutions of thestate, and shall take effect immediately.


CHAPTER 164.[S. B. 228.]

COMMISSION MERCHANT FUND.

AN ACT transferring certain monies in and to be paid into thestate treasury and abolishing the commission merchant fund,and defining the duties and powers of the state treasurer inconnection therewith, and declaring that this act shall takeeffect immediately.


Moniestransferred SECTION 1. That all monies in the state treas-to generalfund. ury to the credit of the commission merchant fund

on the first day of May, 1929, and all monies there-after paid into the state treasury for, or to thecredit of, the commission merchant fund, shall beand are hereby transferred to, and placed in, thegeneral fund in the state treasury.

Appropria- SEc. 2. That from and after the first day oftions paidfr enera April, 1929, all appropriations made by the twenty-

first legislature from the commission merchant fundshall be paid out of monies in the general fund.

Abolished. SEc. 3. That from and after the first day ofMay, 1929, the commission merchant fund in thestate treasury shall be and is hereby abolished.

424 [CH. 164.

SESSION LAWS, 1929.

SEC. 4. That from and after the first day of Warrants.

May, 1929, all warrants drawn on the commissionmerchant fund and not presented for payment, shallbe paid from the general fund, and it shall be theduty of the state treasurer, and he is hereby directed,to pay such warrants, when presented, from the gen-eral fund.

SEc. 5. That this act is necessary for the imme- Effective im-

diate support of the state government and its exist- y

ing public institutions and shall take effect immedi-ately.


CHAPTER 165.[S. B. 229.]

PREDATORY ANIMAL FUND.

AN ACT transferring certain monies in and to be paid into thestate treasury and abolishing the predatory animal fund,and defining the duties and powers of the state treasurerin connection therewith, and declaring that this act shalltake effect immediately.


SECTION 1. That all monies in the state treasury Moniestransferred

to the credit of the predatory animal fund on the to generalfund.

first day of May, 1929, and all monies thereafter paid

into the state treasury for, or to the credit of, thepredatory animal fund, shall be and are herebytransferred to, and placed in, the general fund inthe state treasury.

SEC. 2. That from and after the first day of oaidfrom general

April, 1929, all appropriations made by the twenty- fund.

first legislature from the predatory animal fundshall be paid out of monies in the general fund.

CH. 165.] 425

Abolished. SEC. 3. That from and after the first day ofMay, 1929, the predatory animal fund in the statetreasury shall be and is hereby abolished.

Warrants. SEC. 4. That from and after the first day ofMay, 1929, all warrants drawn on the predatory ani-mal fund and not presented for payment, shall bepaid from the general fund, and it shall be the dutyof the state treasurer, and he is hereby directed, topay such warrants, when presented, from the gen-eral fund.

Effective im-mediately. SEC. 5. That this act is necessary for the imme-

diate support of the state government and its exist-ing public institutions and shall take effect immedi-ately.


CHAPTER 166.[S. B. 230.]

AGRICULTURAL SEED REVOLVING FUND.

AN ACT transferring certain monies in and to be paid into thestate treasury and abolishing the agricultural seed revolvingfund, and defining the duties and powers of the state treas-urer in connection therewith, and declaring that this actshall take effect immediately.


SECTION 1. That all monies in the state treas-Monies ury to the credit of the agricultural seed revolvingtransferredto general fund on the first day of May, 1929, and all moniesfund.

thereafter paid into the state treasury for, or to thecredit of, the agricultural seed revqlving fund, shallbe and are hereby transferred to, and placed in, thegeneral fund in the state treasury.

426 SESSION LAWS, 1929. [CHi. 166.

SESSION LAWS, 1929.

SEC. 2. That from and after the first day of Appropria-

April, 1929, all appropriations made by the twenty- from general

first legislature from the agricultural seed revolvingfund shall be paid out of monies in the general fund.

SEC. 3. That from and after the first day of Abolished.

May, 1929, the agricultural seed revolving fund inthe state treasury shall be and is hereby abolished.

SEC. 4. That from and after the first day of warrants.

May, 1929, all warrants drawn on the agriculturalseed revolving fund and not presented for payment,shall be paid from the general fund, and it shall bethe duty of the state treasurer, and he is herebydirected, to pay such warrants, when presented,from the general fund.

SEC. 5. That this act is necessary for the imme- medte""

diate support of the state government and its exist-ing public institutions and shall take effect immedi-ately.


CHAPTER 167.[S. B. 232.1

SIGNAL DEVICE TESTING FUND.

AN ACT transferring certain monies in and to be paid into thestate treasury and abolishing the signal device testing fund,and defining the duties and powers of the state treasurer inconnection therewith, and declaring that this act shall takeeffect immediately.

Be it enacted by the Legislature of the State -ofWashington:

SECTION 1. That all monies in the state treas- Moniestransferred

ury to the credit of the signal device testing fund to generalfund.

on the first day of May, 1929, and all monies there-after paid into the state treasury for, or to the

OH. 167.] 427

SESSION LAWS, 1929.

credit of, the signal device testing fund, shall be andare hereby transferred to, and placed in, the high-way safety fund in the state treasury.

SEc. 2. That from and after the first. day ofAppropria- Arl 99almd htions paid April, 1929, all appropriations made by the twenty-fund.general first legislature from the signal device testing fund

shall be paid out of monies in the highway safetyfund.

SEC. 3. That from and -after the first day ofAbolished. May, 1929, the signal device testing fund in the state

treasury shall be and is hereby abolished.

SEc. 4. That from and after the first day ofWarrants. May, f929, all warrants drawn on the signal device

testing fund and not presented for payment, shallbe paid from the highway safety fund, and it shallbe the duty of the state treasurer, and he is herebydirected, to pay such warrants, when presented, fromthe highway safety fund.

SEc. 5. That this act is necessary for the imme-Effective im- daespogvrmn

edia diate support of the state government and its exist-ing public institutions and shall take effect immedi-ately.


428 [Ca. 167.

SESSION LAWS, 1929.

CHAPTER 168.[S. B. 233.]

UNITED STATES FUND.

AN ACT transferring certain monies in and to be paid into thestate treasury and abolishing the United States Fund forthe maintenance of the soldiers' home, and defining theduties and powers of the state treasurer in connection there-with, and declaring that this act shall take effect immedi-ately.


SECTION 1. The words "United States Fund," Defined.

as used in this act, shall mean the United States fundfor the maintenance of the soldiers' home, createdby chapter LXVII (67) of the Laws of 1897, (section10735 of Remington's Compiled Statutes), and re-ferred to by the state treasurer and the state auditorin their records as the United States fund.

SEc. 2. That all monies in the state treasury to moniestransferred

the credit of the United States fund on the first day to generalfund.

of May, 1929, and all monies thereafter paid intothe state treasury for, or to the credit of, the UnitedStates fund, shall be and are hereby transferred to,and placed in, the general fund in the state treasury.

SEc. 3. That from and after the first day of Appropria-tions pay-

April, 1929, all appropriations made by the twenty- abe'frnd.

first legislature from the United States fund shallbe paid out of monies in the general fund.

SEC. 4. That front and after the first day of Abolished.

May, 1929, the United States fund in the state treas-ury shall be and is hereby abolished.

SEC. 5. That from and after the first day of warrants.

May, 1929, all warrants drawn on the United Statesfund and not presented for payment, shall be paidfrom the general fund, and it shall be the duty of thestate treasurer, and he is hereby directed, to pay

Cu. 168.] 429

SESSION LAWS, 1929.

such warrants, when presented from the generalfund.

SEC. 6. That this act is necessary for the imme-Effective Im- diate support of the state government and its exist-mediately. atan



CHAPTER 169.[S. B. 234.]

PRIMARY HIGHWAY MAINTENANCE FUND.

AN ACT transferring certain monies in and to be paid into thestate treasury and abolishing the primary highway main-tenance fund, and defining the duties and powers of the statetreasurer in connection therewith, and declaring that thisact shall take effect immediately.


SECTION 1. That all monies in the state treas-Monies ury to the credit of the primary highway mainte-transferredto motor nance fund on the first day of May, 1929, and allvehicle fund.. monies thereafter paid into the state treasury for, or

to the credit of, the primary highway maintenancefund, shall be and are hereby transferred to, andplaced in, the motor vehicle fund in the state treas-ury.

SEC. 2. That from ando after the first day ofAbolished. May, 1929, the primary highway maintenance fund

in the state treasury shall be and is hereby abolished.SEC. 3. That from and after the first day of

warrants. May, 1929, all warrants drawn on the primary high-way maintenance fund and not presented for pay-ment, shall be paid from the motor vehicle fund, andit shall be the duty of the state treasurer, and he is

430 [CH. 169.

SESSION LAWS, 1929.

hereby directed, to pay such warrants, when pre-sented, from the motor vehicle fund.

SEC. 4. That this act is necessary for the imme- Effective im-

diate support of the state government and its exist- mediately.



CHAPTER 170.[S. B. 51.]

FOOD AND SHELL FISH LICENSES.

AN ACT relating to fisheries, providing for the licensing for thetaking or catching of salmon or other food or shell fish, andamending Section 43, of Chapter 31 of the Laws of 1915, asamended by Section 1 of Chapter 180 of the Laws of 1921.


SECTION 1. That section 43 of chapter 31 of the Amends$5695, Rem.

Laws of 1915, as amended by section 1 of chapter comp. stat.

180 of the Laws of 1921, (section 5695 of Reming-ton's Compiled Statutes) be amended to read as fol-lows:

Section 43. No license for taking or catching Quannfiea-tions of

salmon or other food or shell fish required by this licensees.

act shall be issued to any person who is not a citizenof the United States of the age of sixteen years orover, unless such person has declared his intentionto become a citizen, and is and has been an actualresident of the state for one year immeditaely pre-ceding the application for such license. Nor shall Corporation.

any license be issued to a corporation unless it isauthorized to do business in this state. Nothingherein contained shall be construed to prevent theissuance of licenses to Indians, providing such ap-

CH. 170.] 431

SESSION LAWS, 1929.

plicant possess the qualifications of residence here-Renewal. inbefore required, nor prevent the renewal of

licenses for fixing appliances by persons now hold-ing the same; and on and after January 1, 1922, nolicense for the taking or catching of salmon or otherfood or shell fish, required by this act, shall beissued to any person who is not a citizen of the

Indians. United States, or to any Indian not born in theUnited States, or to any corporation unless the hold-ers of a majority of its stock are citizens of theUnited States: Provided, That corporations author-ized to do business in this state and holding fishinglicenses on January 1, 1922, shall be entitled tolicenses and to the renewal thereof from time to timeand shall be unaffected by the provisions of this sec-tion.


CHAPTER 171.EH. B. 124.)

STATE ROAD NO. 11, OR COLUMBIA BASIN HIGHWAY.

AN AcT establishing a primary state highway to be known asState Road No. 11, or the Columbia Basin Highway, andamending Section 10 of Chapter 185 of the Laws of 1923.


Amends SECTION 1. That section 10 of chapter 185 of§ 6791-10,Rem. Comp. the Laws of 1923 (6791-10 Remington's CompiledStat.

Statutes) be amended to read as follows:Section 10. A primary state highway, to be

known as State Road No. 11, or the Columbia BasinHighway, is established as follows: Beginning atPasco in Franklin county; thence by the most feas-

432 [CH. 171.

SESSION LAWS, 1929.

ible route in a northeasterly direction through Con-nell, Ritzville, Sprague and Cheney to a connectionwith State Road No. 2 west of the city of Spokane.


CHAPTER 172.[H. B. 219.]

CRIMES IN OPERATING ENGINES AND BOILERS.

AN ACT relating to crimes in the operation of engines and boilers,amending Section 2524 of Remington's Compiled Statutes,and providing penalty for violation.




Section 2524. Every person who shall operateor permit to be operated in dangerous proximity toany brush, grass or other inflammable material, anyspark-emitting engine or boiler which is not equippedwith a modern spark-arrester, in good condition,shall be guilty of a misdemeanor.


CH. 172.] 433

SESSION LAWS, 1929.

CHAPTER 173.[H. B. 238.]

TITLE TO PROPERTY FOR STATE GAME FARM.

AN ACT providing for the confirmation of title to certain landsin Pierce county, Washington, in the State of Washington,for the use of the department of fisheries and game as astate game farm and making an appropriation from thestate game fund to the general fund.


SECTION 1. That title in and to the propertyTitle to hereinafter described, to-wit: The south half of the

onertd. northwest quarter of the southeast quarter of sec-tion twenty-seven and the southwest quarter of thesoutheast quarter of section twenty-seven, township

Description. twenty, north of range two, east of W. M., savingand excepting from the said southwest quarter ofthe southeast quarter of the following describedtract, to-wit: Beginning at a stone monument 410feet east of the south quarter section corner of sec-tion twenty-seven, township twenty north range twoeast W. M., thence running east 300 feet along thesouth line of said section twenty-seven; thence north145 feet; thence west 300 feet; thence south 145 feetto the place of beginning containing one acre moreor less, be, and the same is, hereby confirmed in theState of Washington to and for the use of the de-partment of fisheries and game as site for a stategame farm.

SEC. 2. There is hereby appropriated out of theApropa- state game fund in the state treasury into the gen-

fund game eral fund the sum of $2,950.00 in payment for theproperty hereinabove described.


[CH. 173.434

SESSION LAWS, 1929.

CHAPTER 174.[H. B. 263.]

ARTICLES OF INCORPORATION OF BANKING AND TRUSTCOMPANIES.

AN ACT relating to and prescribing the contents of articles of in-corporation of banking and trust companies, and amendingSection 3228 of Remington's Compiled Statutes.



Compiled Statutes as amended by section 4 of chap- Comp. Stat.

ter 115 of the Laws of 1923, be amended to read asfollows:

Section 3228. Articles of incorporation shallstate:

1. The name of such bank or trust company.2. The city, village or locality and county where Contents of

such corporation is to be located. articles.

3. The nature of its business, whether that of acommercial bank, a savings bank or both or a trustcompany.

4. The amount of its capital stock, which shallbe divided into shares of not less than $20.00 each,nor more than $100.00 each, as may be provided inthe articles of incorporation.

5. The period for which such corporation is or-ganized, which shall not exceed fifty years.

6. The names and places of residence of the per-sons who as directors are to manage the corporationuntil the first annual meeting of its stockholders,which meeting shall be held within six months afterthe issuance of the certificate of authority.

Such articles shall be acknowledged before anofficer authorized to take acknowledgments.


.Cu. 174.] '435

SESSION LAWS, 1929.

CHAPTER 175.[H. B. 295.]

HORTICULTURE.

AN ACT relating to horticulture and amending Section 16 ofChapter 166 of the Laws of 1915.


SECTION 1. That section 16 of chapter 166 ofAmends the Laws of 1915, as amended by section 6 of chap-§ 2854, Rem.Comp. Stat. ter 311 of the Laws of 1927, (section 2854 of Rem-

ington's Compiled Statutes) be amended to read asfollows:

Section 16. It shall be unlawful for any personBoxes and growing or packing and selling, offering for sale orpackagestobe marked. shipping in boxes or packages, any fruit, vegetables

or horticultural products grown in this state, or ex-pose for sale, sell or offer for sale in the State ofWashington, any fruit, vegetables or horticulturalproducts without plainly marking on the outside ofthe box, package or parcel, with such standards,rules and regulations as have been or may beadopted and required by the director of agricultureafter public hearings as provided by law, and itshall be unlawful for -any person having in his pos-session for sale or offering for sale or selling an'yfruit or horticultural products grown in this state

Re-packing. and shipped in boxes or packages; to repack thesame in the boxes or packages of any other groweror shipper or from -any other place or to sell or offerfor sale in closed packages, or to pack in or offer forsale in marked box or package any fruit or horticul-tural products other than that originally containedor shipped therein unless the markings -are changedto conform to the contents of the package as hereto-fore provided.

In addition to the marks required to be placedupon any closed box or package of fruit, vegetableor horticultural products grown in this state, as

436 [Cm. 175.

SESSION LAWS, 1929.

hereinabove provided, the grower thereof or asso-ciation or organization of growers packing the sameshall mark upon the outside of such package the Grades.

grade of the fruit, vegetable or horticultural prod-ucts contained therein, specifying the grades andmarkings according to the obligatory grading rulesand regulations, issued, published, and adopted bythe director of agriculture, or a special or privategrade or brand duly registered and approved by thedirector of agriculture as provided by law, and itshall be unlawful for any person to remark any suchclosed package to a higher or superior grade thanthat originally marked by the grower thereof orassociation or organization packing the same, or forany person other than the grower or association ororganization packing such fruit grown in. this stateto place upon -any such closed package not markedwith the grade of the contents thereof any mark orbrand indicating the grade of such contents: Pro-vided, That nothing in this section shall be construedto apply to canned or dried fruit.


CHAPTER 176.(H. B. 331.1

JUVENILE COURTS.

AN ACT relating to juvenile courts and court commissioners, andamending Section 1987-2 of Remington's Compiled Statutesof Washington.


SECTION 1. That section 1987-2 of Remington's Amends§ 1987-2,

Compiled Statutes be amended to read as follows: Reat. com.Section 1987-2. The superior courts in the sev- Superior

eral counties of this state, shall have original juris-. court.

CH. 176.] 437

SESSION LAWS, 1929.

diction in all cases coming within the terms of thisJury trial. act. In all trials under this act, any person inter-

ested therein may demand a jury trial, or the judgeof his own motion may order a jury to try the case.In counties containing thirty thousand or more in-habitants, the judges of the superior court shall, atsuch times as they may determine, designate one ormore of their number whose duty it shall be to hear

Sessions. all cases arising under this act. A special session tobe designated as the "juvenile court session" shallbe provided for the hearing of such cases and thefindings of the court shall be entered in a book orbooks kept for the purpose, and known as the "juve-nile record," and the court may, for convenience, becalled the "juvenile court." In counties in whichthere is no resident judge of the superior court, thecourt commissioner shall have the power, authorityand jurisdiction, concurrent with the superior court

court com- and the judge thereof, to hear all matters relatingmissioner.to dependent and delinquent children, and to enterjudgment and make orders with the same power,force and effect as any judge of the superior court,subject to review only by the judge of the superiorcourt, on motion or demand filed by any party ininterest within ten (10) days from the entry of theorder or judgment by the court commissioner, asprovided in section 86 of Remington's CompiledStatutes.


438 [CH. 176.

SESSION LAWS, 1929.

CHAPTER 177.[H. B. 341.1

VACATION OF WATERWAYS IN BALLARD REPLAT OFTIDE LANDS.

AN ACT authorizing the vacation of certain waterways and theconveyance of certain lands to the city of Seattle for park,boulevard, ferry landings and temporary waiting basin.


SECTION 1. The commissioner of public lands commis-sioner of

of the State of Washington be and is hereby author- public lands

ized to vacate waterways Nos. 1 and 2, replat of waterway.

Ballard tide lands and he is hereby authorized anddirected to certify in the manner now provided bylaw in other cases, to the governor, for deed to thecity of Seattle in the State of Washington, all of thefollowing described tide lands, to-wit:

Lots one (1) to eleven (11), inclusive, block six- Description.

teen (16) ; all of blocks seventeen (17), eighteen(18), nineteen (19) and twenty (20), replat of Bal-lard tide lands, together with vacated waterwaysNos. one (1) and two (2) as shown on the map ofsaid tide lands on file in the office of the commis-sioner of public lands at Olympia, Washington:Provided, That the commissioner of public landsshall not certify any of the above land under leasefrom the state until the expiration of such lease.

SEc. 2. The governor is hereby authorized and Governor toexecute deed.

directed to execute, and the secretary of state toattest a deed conveying to the city of Seattle all ofsaid tide lands.

SEC. 3. All of the tide lands described in see- Grantto

tion 1 of this act are hereby granted to said city ofSeattle to be used for public park, boulevard, ferrylandings and temporary waiting basin for shippingentering the government canal, and for no other

CH. 177.] 439

purposes; and in case the said city of Seattle shallattempt to use or permit the use of said tide lands orany 'portion thereof for any other purposes, thesame shall forthwith revert to the State of Wash-ington without suit action or other proceeding what-soever, or the judgment of any court forfeiting thesame.


CHAPTER 178.[H. B. 404.]

REGULATING OPERATION OF MOTOR VEHICLES.

AN ACT relating to vehicles and regulating the operation thereofupon the highways of this state; providing for traffic signalsand control thereof; providing for the proper. equipmentand devices to be used thereon, and for the inspection there-of; prescribing the powers and duties of certain officers, thecollection, distribution and expenditure of fees; making ap-propriations, amending Sections 15, 19, 20, 21, 22, 23, 27, 28,30, 31, 32, and 35, and repealing Section 26 of Chapter 96 ofthe Laws of 1921.


SECTION 1. That section 15 of chapter 309 ofAmends 15, the Laws of 1.927 be amended to read as follows:Chap. 309,Laws 1927. Section 15. All vehicles operated on the high-Hand and ways of this state which are so constructed thatarm signals. hand and arm signals given by the driver are not

plainly visible at the rear of said vehicle, must beMechanical equipped with a suitable mechanical or electricalor electricaldevice a device, approved by the commission on equipment,

capable of giving unmistakable signals as to the in-. tention of the driver to stop or turn such vehicle.

It shall be unlawful for any person to operate avehicle upon the public highways of this state hav-

440 SESSION LAWS, 1929. [Cia. 178.

SESSION LAWS, 1929.

ing thereon any mechanical or electric device in-tended or used for the purpose of indicating, and asa substitute for, hand and arm signals in right andleft turns and stopping, unless the same shall have Approval of

commission

been -approved by the commission on equipment. on equip-

Any person, firm or corporation may submit a me-chanical or electric signal device to the commissionon equipment for its inspection and approval. Ap-plication for such inspection and approval shall befiled with the state treasurer, 'accompanied by a feeof $50.00, when not accompanied with an approved Fee.

laboratory report. If approved, then $10.00 forregistration. Upon receipt of such application andfee the state treasurer shall endorse thereon his du-plicate receipt for such fee, and transmit such appli-cation to the commission on equipment. All suchfees shall be paid into the state treasury and depos-ited into the highway safety fund. The commissionon equipment shall not approve any stop signal de-vice unless such device when used upon a vehicle Visibility.

shall give a signal plainly visible for a distance ofat least 200 feet to the rear of such vehicle nor anydevice intended to give a signal that the vehicle uponwhich it is used is about to turn unless such devicewhen used upon a vehicle clearly indicates the direc-tion in which such vehicle is to be turned, which sig-nal shall be plainly visible at least 200 feet to therear of the vehicle upon which the same is used.Whenever the said commission shall approve a sig-nal device as meeting the requirements of this sec-tion it shall give to the applicant a certificate of ap-proval.

Stop signal lights shall be tested singly and shall Stop signalStopsigal ight shll e tetedsinly ad salllight, require-

ments.meet the following requirements as to light intensity Perpendi-

and distribution:

1. On a line perpendicular to the center of thelamp face a minimum average brightness of two

CH. 178.] 441

SESSION LAWS, 1929.

candle power per square inch over a minimum illu-minated area of three and one-half square inches.

30* to per- 2. At all points at an angle of thirty degrees topendicular. the perpendicular through the center of the lamp

face a minimum average brightness of fifteen hun-dredths candle power per square inch over a mini-mum illuminated area of three and one-half squareinches.

Apparent 3. In no direction shall there be more thancandlepower, twenty-five apparent candle power.

Amends § 19, SEc. 2. That section 19 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 19. Every vehicle when upon any publichighway within this state during the period from ahalf hour after sunset to a half hour before sunriseand at any other time when there is not sufficient

Lighted light to render clearly discernible a person, vehicleheadlights. or other substantial object on the highway at a dis-

tance of five hundred feet ahead shall be equippedwith two lighted lamps and/or two lighted head-lights, no more, no less, as herein respectively pro-vided for this class of vehicles and subject to suchexceptions as are set forth in this act.

Amends § 20, SEC. 3. That section 20 of chapter 309 of theChap. 309Laws 1927. Laws of 1927 be amended to read as follows:

Section 20. (a) Every motor vehicle otherthan a motorcycle or farm tractor and except as

Headlights, otherwise provided herein shall be equipped withmens.e two headlights, no more, no less, of approximately

equal candle power at the front of and on oppositesides of such vehicle. Such headlights shall be soattached to such motor vehicle that the centersthereof shall be not more than 50 inches above thelevel surface upon which the vehicle stands, nor lessthan 24 inches.

"Headlight" (b) The term "headlight" as used herein shalldefined.

denote a light located upon the front of a vehiclethe rays of which are projected forward and com-

442 [Cia. 178.

SESSION LAWS, 1929.

plying with the requirements as to light distributionand intensity as described in this act.

(c) Motor vehicles may also be equipped with "Side light"

two "side lights" but no more or less. The term"side light" shall include any lights upon a motorvehicle other than headlight lights or spot lights therays of which project forward, or such other signallight of such color and design as the commission onequipment may by rule require or permit on publiccarriers. No electric lamps or bulbs shall be usedin any "side light" which exceeds four candlepower.

SEC. 4. That section 21 of chapter 309 of the Amends § 21,Chap. 309,


Section 21. The headlights of motor vehiclesshall be so constructed, arranged and adjusted thatthey will at all times mentioned in this act and undernormal atmospheric conditions produce ample driv-ing light for the use of the operator of such vehiclebut will not project a glaring or dazzling light to Glaring or

dazzling

persons approaching such lights or to persons whom light.

such headlights may approach. Headlights shall bepresumed to comply with the provisions of this sec-tion:

(a) When such headlights are affixed to such Headlightstandards.

vehicle in the manner required by this act;(b) When they are of a type or are equipped

with lens, reflectors or control device upon whichcertificate of approval has been issued by the com-mission on equipment as provided in this act;

(c) When used in accordance with the instruc-tions contained in or accompanying such certificate;

(d) And when the light projected by such head-lights shall be as follows:

(1) In the median vertical plane, parallel to thelamps on a level with the centers of the lamps, notless than one thousand eight hundred nor more thansix thousand apparent candle power.

CH. 178.] 443

(2) In the median vertical plane, one degree ofare below the level of the center of the lamps, notless than seven thousand two hundred 'apparent can-dle power and there shall not be less than seven thou-sand two hundred apparent candle power anywhereon the horizontal line through this point one degreeof are to the left or to the right of this point.

(3) In the median vertical plane, one degree ofare -above the level of the center of the lamps, notmore than two thousand four hundred nor less thaneight hundred apparent candle power.

(4) Four degrees of are to the left of the me-dian vertical plane and one degree of are above thelevel of the center of the lamps not more than eighthundred apparent candle power.

(5) One and one-half degrees of arc below thelevel of the center of the lamps and three degrees ofare to the left and to the right, respectively, of themedian vertical plane, not less than five thousandapparent candle power nor less than this amountanywhere on the line connecting these two points.

(6) Three degrees of are below the level of thecenter of the lamps and six degrees of are to the leftand to the right, respectively, of the median ver-tical plane, not less than two thousand apparent can-dle power nor less than this amount anywhere on theline connecting these two points.

Amends § 22, SEC. 5. That section 22 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 22. (a) Depressible beam headlightsDepressible shall be tested in pairs and the main or upper beamsbeamheadlights. of such headlights shall meet the requirements as to

light intensity and distribution provided in the fore-going specifications for fixed beam headlights.

(b) The term "auxiliary driving light" as usedAuxiliary herein shall denote a light located upon the front ofdriving lightdefine. a vehicle, the rays of which are projected forward,

other than a side light or spot light. Auxiliary driv-

444 SESSION LAWS, 1929. [CH. 178.

SESSION LAWS, 1929.

ing lights shall be tested singly or in pairs as de- Tests.

signed to be used and shall meet the following re-quirements as to light intensity and distribution:

1. In the median vertical plane, one degree of Standards.

are above the level of the centers of the lamps, notmore than eight hundred nor less than three hundredapparent candle power.

2. Four degrees of arc to the left of the medianvertical plane and one degree of are above the levelof the centers of the lamps, not more than four hun-dred apparent candle power.

3. Three degrees of are to the left and to theright, respectively, of the median vertical plane andone and one-half degrees of are below the level ofthe centers of the lamps, not more than two thousandnor less than eight hundred apparent candle power.

4. Six degrees of arc to the left and to the right,respectively, of the median vertical plane and threedegrees of are below the level of the centers of thelamps, not less than two thousand apparent candlepower, nor less than this amount anywhere on theline connecting these two points.

5. In no direction shall there be more thantwenty-five thousand apparent candle power. Inthe case of both head lamps and auxiliary drivinglights the commission on equipment shall, in determ-ining whether a device is likely in practice to proveunsafe or impracticable, inspect for defects such as:

Unnecessary loss of light in the device due toabsorption or diffusion; abnormal or unduly cQmpli-cated adjustment; unstable or bad mechanical con-struction; unduly bright or dark areas or excessivecontrast in the illuminated field; indefinite patternat top of beam making aiming uncertain.

SEC. 6. That section 23 of chapter 309, Laws of Amends 23,Chap. 309,

1927, be amended to read as follows: Laws 1927.Headlight

Section 23. When any headlight lens, reflector, lens,reflector, or

headlight control device, or control device, intended controldevice.

CH. 178.] 445

to enable a headlight or control device, to complywith the provisions of this act, shall be used or in-tended or proposed for use upon any motor vehicleor for sale for such use or purpose, such headlightlens, reflector, headlight control device, or control

Approval of device shall be submitted to the commission on equip-commissionon equipment for approval or disapproval as herein pro-

vided.To obtain such approval, -application, upon a

Application. form to be prepared and furnished by the commis-sion on equipment, shall be filed with the state treas-urer and shall be accompanied by a draft, money

Fee $10. order or certified bank check for the sum of $10 andwhen tests are to be made such additional amountas such test costs, and two pairs of such headlightlens, reflector, headlight control devices, and one sam-ple as marketed for control devices. Upon receiptof any such application, the state treasurer shallendorse thereon his duplicate receipt for the fee -andtransmit the application and two pairs of such head-light lens, reflector, headlight control device, or onesample of control device, to the commission on equip-

Tests. ment. The commission shall make or cause to bemade such tests as it may deem necessary to deter-mine whether such headlight lens, reflector, head-light control device, or control device complies withthe requirements of this act. In making or causingto be made such tests, the commission may desig-nate, in writing, such testing agencies, either withinor without the State of Washington, for that pur-pose, and the tests made by such agencies may beused and considered by the commission in grantingor refusing such certificates of approval. The com-mission shall within thirty days from the date ofany application report its findings in writing to theapplicant. In the event it shall find the headlightlens, reflector, headlight control device or controldevice complies with the requirements of this act,


SESSION LAWS, 1929.

the commission may issue to the applicant a certifi- Certificateof approval.

cate of approval. If it shall find that the headlightlens, reflector, headlight control device or controldevice submitted does not comply with the require-ments of this act, the commission shall so notify theapplicant in writing by registered mail. All head-light lenses, reflectors, headlight control devices orcontrol devices so examined shall remain in the officeof the commission on equipment, properly labeled,and a complete record of the investigation and find-ings shall be filed in said office.

The commission on equipment shall transmit acopy of every certificate of approval of headlightlens, reflector, headlight control device or controldevice issued by the commission together with acopy of the instructions accompanying the same and clerk.

in connection therewith, to the county clerk of everycounty within the State of Washington, who shall dpftment.

file the same, and to every city or town police de-partment, the sheriff of each county and the director Sheriff.

of traffic.

Whenever the commission on equipment shall re- Complaints.

ceive one or more complaints in writing that anyheadlight lens, reflector, headlight control device orcontrol device sold commercially which may here-after or which has heretofore been approved bythe commission does not under ordinary conditionsof use comply with the requirements of this act thecommission in its discretion may upon notice to themanufacturer thereof require that such headlightlens, reflector, headlight control device or controldevice shall be retested to determine whether ornot such headlight lens, reflector, headlight controldevice or control device meets with the requirementsof this act. If the same is approved the commissionon equipment shall issue without further fee a nowcertificate of approval. Hereafter it shall be un- Sale.

lawful to sell or offer for sale any headlight lens,

OH. 178.] 447

reflector, headlight control device or control deviceunless it is of a type which has been approved bythe commission on equipment under the provisionsof this act and unless such device is accompanied bya printed sheet of instructions describing the devicein detail, its method of mounting and adjustment,candle power limitations of lamps to be used andany other adjustment that may be necessary toinsure its conformity with the requirements of this

Instructions. act. Such instructions shall be printed with photo-graph of (a) lens or control device, (b) pattern oflight from one headlight both with and without thedevice, showing the relation of the pattern of lightas projected in each case at a height equal to theheight of the center of such headlight, and with theheadlight adjusted for tilt and focus exactly as re-quired to conform with the requirements of this act.

It shall be unlawful hereafter to sell or offer forUnlawful sale any new or secondhand motor vehicle with head-sale.

lights which do not comply with the provisions ofthis act.

Hereafter it shall be unlawful to use on any high-Unlawful way in this state any headlight lens, lamp, reflector,USe.

headlight control device or control device which shallnot have been approved by the commission on equip-ment in this act provided.

aenso , SEC. 7. That section 27 of chapter 309 of theLaws 1927. Laws of 1927 be amended to read as follows:

Section 27. Every motor vehicle and everyMotor trailer or semi-trailer which is being drawn at thevehicle,trailer, end of a train of vehicles at the times and under thetail light.

conditions specified herein shall carry at the rear arear or tail light capable of exhibiting, at any time, ared light plainly visible under normal atmosphericconditions for a distance of 500 feet toward the rearand so constructed and placed that the number platecarried on the rear of such motor vehicle or trailershall be illuminated by a white light in such manner

448 SESSION LAWS, 1929. [Cir. 178.

SESSION LAWS, 1929.

that the number plate thereon can be plainly distin-guished under normal atmospheric conditions at adistance of not less than 50 feet towards the rear.The lens of such rear light shall not be less than one Rear light.

and three-fourths inches in diameter, and each suchrear light shall be equipped with a lamp bulb pro-ducing not less than 2 nor more than 4 candle powerof light.

Rear lights shall be tested singly and shall meet Tests.

the following requirements as to construction, lightintensity and distribution:

1. Rear lights shall emit a red light which on a Standards.

line perpendicular to the center of the lamp faceshall be not less than one-tenth apparent candlepower, -and which in all directions at thirty degreesto the perpendicular through the center of the lampface shall be not less than five hundredths apparentcandle power. In no direction shall there be morethan five apparent candle power.

2. The rear lamp shall have an opening coveredwith colorless glass sufficiently large to permit lightto cover the entire surface of the registration num-ber plate, which for the purpose of the test shall berepresented by a plane surface sixteen inches longby six and one-half inches wide in the case of a de-vice for motor vehicles -and ten inches long by fiveinches wide in the case of a device for motorcycles.

3. The registration plate holder shall be an in-tegral part of the lamp and constructed in such amanner that the major portion of the light incidentat any point on the registration plate shall make anangle of not less than eight degrees with the planeof the plate.

4. The lamp shall be weather and dust proofand so constructed as to withstand the shock andvibration to which it is ordinarily subjected in use.

5. When tested with a bulb of two sphericalcandle power the illumination as measured on white

-15

CH. 178.] 449

SESSION LAWS, 1929.

blotting paper placed in the location of the registra-tion plate shall not be less than five-tenths foot-can-dles at any point and the ratio of maximum to mini-mum shall not exceed thirty.

1 6. In the case of rear lamps the commission will,in determining whether a device is likely in practiceto prove unsafe or impracticable, inspect for defectssuch as: unstable or bad mechanical construction;unduly dark or bright areas or excessive contrast inthe illumination on the registration plate; cut-offof illumination within one and one-half inches ofthe plate measured perpendicular to the plane ofthe plate at the edge farthest from the lamp.

Amends 28, SEC. 8. That section 28 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 28. Side lights on long vehicles or com-

lSoide hies. binations of vehicles having gross or overall lengthsin excess of 20 feet, shall at the time and under theconditions specified herein carry at the left side andnear the rear thereof a rear or tail light capable ofexhibiting at any time, a red light towards the rearand a white light towards the front; both of whichlights shall be plainly visible under normal atmos-pheric conditions for a distance of 500 feet. Exceptin cases of vehicles disabled between the corporatelimits of cities and/or towns and being removeddirectly from the place where the same were dis-abled, all vehicles being towed shall exhibit the sidelights as required in this section.

Amends § 30, SEC. 9. That section 30 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 30. The term "spotlight" as used herein"Spot light" shall denote any light on a motor vehicle the raysdefined. of which are projected forward except headlights

and side lights.All spotlights used on motor vehicles, other than

Require- motor trucks, shall be affixed to such vehicle in suchments. manner that the centers thereof shall not be less

[CH. 178.450

SESSION LAWS, 1929.

than 24 inches nor more than 60 inches above thelevel surface upon which the vehicle stands and shallbe so constructed and arranged that no portion ofthe main substantially parallel beams of light shallrise no higher than a parallel position with the levelsurface of the highway upon which the vehicle standsand directly ahead of such vehicle. Such main sub-stantially parallel beams of light shall at all timeswhile such vehicle is upon the paved or main traveledportion of the highway be directed downward and tothe right so as to illuminate the right side of thehighway or pavement directly in front of such Police orfire depart-

vehicle. The provisions of this section shall not exn

apply to police or fire department vehicles.The provisions of this section shall -apply to Motor

trucks.motor trucks in all respects except that spotlightsthereon may be affixed in such manner that thecenters thereof shall not be more than 72 inchesabove the level surface upon which the vehiclestands.

Not more than one spot light shall be placed, it sonly.

secured or used upon any motor vehicle at one time:Provided, however, That it shall be permissible to Me ht,"

have attached to any motor vehicle one fog light.The term "fog light" when used with respect tomotor vehicles shall mean a light fixed to the motorvehicle no higher than 36 inches nor lower than 18inches above the level surface upon which the vehiclestands and which said light is stationary and notsubject to control from the driver's seat, and whichsaid light shall be so fixed that the main substanti-ally parallel beams of light shall at all times be di-rected downward and to the right so as to illuminatethe right side of the paving or main traveled portionof the highway for a distance of not more than 125feet directly in front of such vehicle.

SEc. 10. That section 31 of chapter 309 of the Amends §31,Chap. 309,


CH. 178.] 451

SESSION LAWS, 1929.

Section 31. Whenever there is sufficient lightLights when within the lateral boundaries of the public highwayparked inbusiness or within a business or residence district as herein de-residencedistrict. fined to reveal all persons, vehicles or substantial

objects within said boundaries for a distance of twohundred feet, no lights shall be required to be dis-played on any vehicle upon a public highway whilethe same is not in motion: Provided, That a righthand wheel of such standing vehicle is located withintwelve inches of the right hand curb, side lights,cowl lights, courtesy light or such lights as are usedas parking lights to be equipped with lamp bulbsproducing not less than two nor more than fourcandle power of light.

ui Outside of a business or residence district as

buines or herein defined and during the times specified in thisstience act wherein lights are required, a rear light and

dimmed headlights or side lights must be displayed.Amends § 32, SEC. 11. That section 32 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 32. (a) Whenever any vehicle shall beProjections so constructed or loaded with any material in suchbeyond rear,lights and a manner that any portion of such load on suchsignals.

vehicle extends towards the rear three feet or morebeyond the rear of the body or bed of such vehiclethere shall be displayed at the extreme rear end ofthe load at the times and under the conditionsspecified in this act in addition to the ordinary rearlight hereinbefore required to be displayed, a redlight of not less than three inches in diameter plainlyvisible under normal atmospheric conditions at least200 feet from the rear and at -all other times whilesuch vehicle is upon the public highway and a redflag or cloth not less than 16 inches square shall bedisplayed at the extreme rear of said load as a warn-ing signal to persons operating vehicles approach-ing from the rear.

452 [CH. 178.

SESSION LAWS, 1929.

(b) Whenever any vehicle shall be so con- Poedtsons

structed or loaded with any article, implement of ignas.ndhusbandry or any material in such a manner thatany portion of such load or of such vehicle extendsmore than 6 inches beyond the hub caps on the leftside of such vehicle as provided herein there shallbe displayed at the extreme left side of such vehicleor such load at the times and under the conditionsspecified in this act a lighted lantern or other lightshowing a white light to the front and a red lighttoward the rear, plainly visible under normalatmospheric conditions for at least two hundred feetfrom in front and for a like distance from the rearof such vehicle. No such light shall project a lightgreater than four apparent candle power.

SEC. 12. That section 35 of chapter 309 of the Amends ,35,Chap. 309,


Section 35. It shall be unlawful for any person, Sale oflights with

firm or corporation to sell, offer for sale or have in more than32 candle

his or its possession with intention to sell for use on power.

motor vehicles any lamp bulb having a candle powerin excess of 32 candle power.

Sec. 13. That section 26 of chapter 96 of the Repeals§ 6338, Rem.

Laws of 1921, (6338 of Remington's Compiled comp. stat.;

Pierce'sStatutes: 222-1 Pierce's 26 Code,) be and the same 26 Code.

is hereby repealed.

Passed the House March 9, 1929.Passed the Senate March 12, 1929.Approved by the Governor March 21, 1929

CH. 178.] 453

SESSION LAWS, 1929.

CHAPTER 179.[H. B. 352.]

STATE TO ISSUE QUIT CLAIM DEED TO JOHN W. MURRAY.

AN ACT authorizing and directing a conveyance by quit claimdeed in behalf of the state to John W. Murray of certainreal estate.

Be it enacted by the Legislature of the State of. Washington:

SECTION 1. That the governor is hereby au-Governor thorized and directed, in the name of the State ofto executedeed. Washington, to execute and deliver a good and suf-

ficient quit claim deed to John W. Murray, whichdeed shall be attested by the secretary of state,covering the following described real estate situatein Yakima county, which was conveyed to the statefor use as a portion of a state highway, but whichwas never used and was afterwards abandoned:

A tract of land in the SW'/4 of NW'4 of. sectionDescription. 24, township 9 north, range 23 E. W. M., being more

particularly described as follows:

Commencing at the one-quarter corner on thewest side of said section 24 and running north 87048' east a distance of 16.0 feet to an intersectionwith the easterly right of way line of the presenttravelled road and the true point of beginning;thence turning an angle of 900 to the left and run-ning north 2o 12' west a distance of 649.0 feet;thence turning an angle of 900 to the right and run-ning north 870 48' east a distance of 10.0 feet to -anintersection with the easterly right of way line ofState Road No. 3 as now located and of record inthe office of the state highway engineer at Olympia;thence turning an angle of 900 45' to the right -andrunning south 10 27' east a distance of 298.0 feet;thence turning an angle of 00 57' to the left and run-ning south 20 24' east a distance of 351.0 feet;

[CH. 179.454

SESSION LAWS, 1929.

thence turning an angle of 90' 12' to the rightand running south 87' 48' west a distance of 4.0feet to -an intersection with the easterly right of wayline of the present travelled road and the true pointof beginning and containing 0.08 acres more or less.


CHAPTER 180.[H. B. 405.1

REGULATING OPERATION OF VEHICLES ON HIGHWAYS.

AN ACT relating to vehicles and regulating the operations there-of upon the highways of this state, and amending Sections2, 4, 8, 9, 10, 16 and 46 of Chapter 309 of the Laws of 1927.


SECTION 1. That section 2 of chapter 309 of the Amends I 2,Chap. 309,


Section 2. The words and phrases herein used Definitions.

shall for the purpose of this act have the meaningsrespectively ascribed to them in this section exceptin those instances where the context clearly indicatesa different meaning.

(a) "Vehicle." Every device in, upon or by Vehicle.

which any person or property is or may be trans-ported or drawn upon a public highway exceptingdevices moved by muscular power or used ex-clusively upon stationary rails or tracks.

(b) "Motor Vehicle." Every vehicle, as herein Motordefined, which is self-propelled. vehicle.

(c) "Motorcycle." A motor vehicle of two or Motorcycle.

three wheels intended for the carrying of one, twoor three persons, or operated by one person for thecarrying of parcels or packages.

Onr. 180.] 455

(d) "Motor Truck." Every motor vehicle de-Motor signed or used (1) for the transportation of com-truck. modities, merchandise, produce, freight or animals;

(2) for drawing or pulling one or more independentvehicles or trailers in the transportation of com-modities, merchandise, produce, freight or animalsupon a public highway.

(e) " Trailer." Any vehicle without motiveTrailer. power which is attached to a motor vehicle for the

purpose of being drawn or propelled by such motorvehicle.

(f) "Semi-Trailer." Every vehicle of thesemi-trailer, trailer type so designed and used in conjunction with

a motor vehicle that some part of its own weightand that of its own load rests upon or is carried byanother vehicle.

(g) "Public Highway." Every way or placePublic of whatever nature open as a matter of right to thehighway.

use of the public for the purpose of vehicular travel.The term "highway" shall not be deemed to includea roadway or driveway upon ground owned byprivate persons.

(h) "Private highway, road, street, way or"Private driveway." Every road or driveway not open tohighway, rvwyetc. the use of the public for purposes of vehicular

travel.(i) " State Highways." All primary roads and

State all hard-surfaced secondary roads in the state high-highways.

way system, as defined by the 1913 legislature ofthis state, and subsequently amended.

(j) "Intersection." The area embraced withinIntersection. the prolongation of the lateral curb lines or, if none,

then the lateral boundary lines of two or more high-ways which join one another at an angle, whether ornot one such highway crosses the other.

(k) "Director of Traffic." For the purposes ofDirector this act the chief of the state highway patrol shallof traffdc.

be designated as the director of traffic.

456 SESSION LAWS, 1929. [CH. 180.

SESSION LAWS, 1929.

(1) "Peace Officer." Any officer authorized by Peaceofficer.law to execute criminal process or to make -arrestfor the violation of the statutes relative to the publichighways of this state.

(m) "Residence District." The territory con- Residence. district.

tiguous to a highway not comprising a businessdistrict when the frontage on such highway for adistance of three hundred feet or more is mainlyoccupied by dwellings or by dwellings and buildingsin use for business.

(n) "Business District." The territory contig- Business

uous to a highway when fifty per cent or more of district.

the frontage thereon, for a distance of three hundredfeet or more is. occupied by buildings in use forbusiness.

(o) "Pneumatic Tires." All tires inflated with Pneumatictires.

compressed air.(p) "Hollow Center Cushion Tires." All tires Hollow

centercomposed of resilient rubber, containing a centrally cushion

tires.located air space, which shall be a minimum of fiveand one-half per cent of the total cross sectionalarea of the tire. Tires to be approved by the com-mission on equipment.

(q) "Solid Rubber Tires." All tires made of Solid rubbertires.

rubber other than pneumatic tires or hollow centercushion tires.

(r) "Metal Tires." All tires the surface of Metal tires.

which in contact with the highway is wholly orpartly metal or other hard, non-resilient material.

(s) "Owner." A person who holds the legal owner.

title of a vehicle or in the event of a vehicle is thesubject of an agreement for the conditional sale orlease thereof with the right to purchase upon per-formance of the conditions stated in the agreementand with an immediate right of possession vested inthe conditional vendee or lessee, or in the event amortgagor of a vehicle is entitled to possession, thensuch conditional vendee or lessee or mortgagor shall

OH. 180.] 457

be deemed the owner for the purpose of this act.Also including any municipal or public corporationand/or subdivision thereof, and/or any natural per-son. partnership, firm, association and/or corpora-tion, leasing and/or renting a motor vehicle andhaving the exclusive use thereof, said lease to be inwriting and to be submitted with the application forlicense for such motor vehicle and such lease to befor a period of more than thirty days from and afterthe time of making such application.

Person. (t) "Person." Every natural person, firm, co-partnership, association or corporation.

Axle. (u) The word "axle" when used in this actshall be held to mean any axle supported by one ormore wheels or any combination of two or moreaxles built in the same or approximately the sameline, or in the same or approximately the same plane,normal to the frame of the vehicle.

Wheelbase. (v) The words "wheel base" when used in thisact shall be held to mean the horizontal distancebetween any two axles.

Six wheel (w) The words "six wheel motor trucks" whenmotortruck. used in this act shall be held to mean a motor truck

equipped with six wheels which are directly or in-directly attached to the frame of the vehicle.

Local (x) "Local Authorities." Includes the officersauthorities.

of counties, cities, or towns or other municipal sub-divisions of the state having control, power or au-thority over any of the subject matter embraced inthis act.

Tense and (y) Words herein used in the present tensegender. shall include the feminine and neuter. genders; and

in the singular shall include the plural; and in theplural shall include the singular.

Amends 4 SEc. 2. That section 4 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:Motor Section 4. It shall be unlawful to operate anytruck, 8,000lbs.. speed motor truck having a gross weight, including load,


SESSION LAWS, 1929.

exceeding eight thousand pounds, equipped withpneumatic or hollow center cushion tires over oralong the highways of this state at a greater rateof speed than twenty-five miles per hour; it shall beunlawful to operate a motor truck equipped orpartly equipped with solid rubber tires or to operateany motor truck equipped with pneumatic tires or Motorhollow center cushion tires when drawing or pulling neunatic

a trailer equipped with solid rubber tires or to tires.

operate any motor truck having two axles and a 2 axles.

gross weight including load as hereinafter provided,equipped or partially equipped with solid rubbertires, at a greater rate of speed than the following:4,000 pounds and under ....................... 25 miles per hour Weight andOver 4,000 pounds and up to 8,000 pounds... 20 miles per hour speed limit.

Over 8,000 pounds and up to 12,000 pounds: . .18 miles per hourOver 12,000 pounds and up to 16,000 pounds... 16 miles per hourOver 16,000 pounds and up to 20,000 pounds.. .14milesperhourOver 20,000 pounds and up to 24,000 pounds... 12 miles per hour

It shall be unlawful for any person, firm or cor- Solid tires.

poration to operate any vehicle or combination ofvehicles equipped or partially equipped with solidrubber tires of a gross weight, including load, ashereinafter provided at a greater rate of speed thanthat stated in the following tables for the class andgross weight, including load, of vehicle or combina-tion of vehicles stated:

Vehicles or combinations of vehicles having 3 or 4 axles,

three or four axles:24,000 pounds and under ....................... 20 miles per hour weight and

Over 24,000 pounds and up to 28,000 pounds... 18 miles per hour speed limit.

Over 28,000 pounds and up to 32,000 pounds.. .16 miles per hourOver 32,000 pounds and up to 38,000 pounds... 14 miles per hourOver 38,000 pounds and up to 42,500 pounds

for vehicles having three axles............. 12 miles per hourOver 38,000 pounds and up to 48,000 pounds

for vehicles having four axles............. 12 miles per hour

A six wheel, three axle motor truck: 3 wlee,motor

8,000 pounds and under........................25 miles per hour truck,Over 8,000 pounds and up to 13,000 pounds...20 milesperhour weight andover ,000 pounds and up to 1,000 pounds...milesPerhourspeed limit.over 13,000 pounds and up to 18,000 pounds ... 18 miles per hour

OH. 180.] 459

460 SESSION LAWS, 1929. [CH. 180.

Over 18,000 pounds and up to 23,000 pounds... 16 miles per hourOver 23,000 pounds and up to 28,000 pounds.. .14 miles per hourOver 28,000 pounds and up to 34,000 pounds.. .12 miles per hour

Trailer, A six wheel, three axle motor truck and semi-four wheel two axle trailer combination:

weight and 33,000 pounds and under.....................20 miles per hourspeed limit. Over 33,000 pounds and up to 38,000 pounds... 18 miles per hour

Over 38,000 pounds and up to 43,000 pounds... 16 miles per hourOver 43,000 pounds and up to 48,000 pounds... 14 miles per hourOver 48,000 pounds and up to 54,000 pounds... 12 miles per hour

ourilwheel A six wheel, three axle motor truck and fourwheel two axle trailer combination:

weight and 33,000 pounds and under.......................20 miles per hourspeed limit. Over 33,000 pounds and up to 38,000 pounds.. .18 miles per hour

Over 38,000 pounds and up to 43,000 pounds... 16 miles per hourOver 43,000 pounds and up to 48,000 pounds... 14 miles per hourOver 48,000 pounds and up'to 54,000 pounds.. .12milesperhour

Six wheel A six wheel; three axle motor truck and six wheeltrailer,

three axle trailer combination:weight and 36,000 pounds and under ..................... 20 miles per hourspeed limit. Over 36,000 pounds and up to 42,000 pounds.. .18 miles per hour

Over 42,000 pounds and up to 48,000 pounds.. .16 miles per hourOver 48,000 pounds and up to 54,000 pounds... 14 miles per hourOver 54,000 pounds and up to 60,000 pounds.. .12 miles per hour

on minatin Provided, That any vehicle or combination ofweight andspeed limit. vehicles having three or more axles and not more

than six axles, and having a gross weight, includingload, on any two adjacent axles that falls within thegross weights, including loads, hereinbefore pro-vided in the table of speeds for a motor truck, shallnot be operated at a greater rate of speed than thecorresponding rate of speed in the table of speedsfor a motor truck hereinbefore provided.

eWeight Provided, That it shall be unlawful to operateacross any vehicle or combination of vehicles having a gross

s per weight, including load, of 12,000 pounds or more overor on any bridge on a public highway at a greaterspeed than 8 miles per hour.

Passengers It shall be unlawful to operate or drive any motorfor hire,speed limit. vehicle used for carrying passengers for hire and

SESSION LAWS, 1929.

having a capacity for more than ten passengers ata speed faster than forty miles per hour on andover any unpaved highway.

It shall be unlawful to operate or drive any Metal tires.

vehicle or combination of vehicles equipped withmetal tires over or on any public highway at agreater rate of speed than the following:2,500 pounds gross weight, including load, or Weight and

less .................................... 10 miles per hour speed limit.

Over 2,500 pounds gross weight, includingload, and not over 10,000 pounds grossweight, including load.................... 6 miles per hour



Section 8. It shall be unlawful for any person, 24,000 lbs.

firm or corporation to operate 'any vehicle of four weight.

wheels or less of any device not equipped with wheelsover and along the roads in this state whose grossweight, including load, is more than 24,000 pounds,or any vehicle having a greater weight, includingload, than 18,500 pounds on one axle, or 'any vehicle 18,500 lbs.one axle.having a combined weight, including load, of over800 pounds per inch width of tire upon any wheel 800 lbs.

per inch.concentrated upon the surface of the highway (saidwidth of tire in the case of solid rubber or hollowcenter cushion tires to be measured between theflanges of the rim), or any vehicle or combination ofvehicles whose gross weight including load is in Gross weight

and wheelexcess of the following or whose wheel base or wheel base.

bases are less than the following:Any vehicle having a gross weight, including 12,000 lbs.

weight, 12load, of 12,000 pounds or more shall have a wheel feet wheel

base.base of not less than 12 feet.

Any vehicle or combination of vehicles having a axles,gross weight

three axles and a gross weight, including load, on all 24,000 lbs.to 42,500 lbs.,

axles of more than 24,000 pounds and not more than 10 feetwheel base.

42,500 pounds, shall have a wheel base between thefirst and second axles of not less than 10 feet, andbetween the second and third axles of not less than

CH. 180.] 461

12 feet. The gross weight, including load, of anyvehicle or combination of vehicles having three axlesshall not exceed 42,500 pounds.

Any vehicle or combination of vehicles havingFour axles, four axles and a gross weight, including load, on allf ross weight

48000 lbs. to axles of more than 24,000 pounds and not more than48,000 pounds shall have a wheel base between thefirst and second axles of not less than twelve feet,.between the second and third-axles of not less thanten feet and between the third and fourth axles ofnot less than..twelve feet. The gross weight, in-cluding load on the third and fourth axles of avehicle or combination of vehicles having four axlesshall not exceed 24,000 pounds or 12,000 pounds oneither axle. The gross weight, including load, ofany vehicle or combination of vehicles having fouraxles shall not exceed 48,000 pounds.

Amends 9,' SEC. 4. That section 9 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 9. It shall be unlawful for any person,Six wheel, firm, or corporation to operate any six wheel motorgross weight34,000 lbs. truck over and along the roads in this state whose

gross weight, including load, is more than 34,000pounds or having a greater weight, including load,than 13,000 pounds on one axle, or having a com-bined weight, including load, of over 800 pounds per

800 lbs. per inch width of tire upon any wheel (said width of tireinch tirewidth. in the case of solid rubber or hollow center cushion

tires to be measured between the flanges of the rim),or any six wheel motor truck or any combination ofvehicles which includes a six wheel motor truckwhose gross weight, including load, is in excess ofthe following or whose wheel base or wheel bases areless than the following:

Basebetween The wheel base between the front axle and the

on andle. second axle shall be not less than twelve feet.The wheel base between the second and third

axles shall be not less than three feet six inches.

462 SESSION LAWS, 1929. [CH. 180.

SESSION LAWS, 1929.

The wheel base between the rear axle of a six Six wheel

wheel motor truck and the axle of a trailer having bewene,d trailerone axle shall be not less than twelve feet and the ale.

gross weight of the trailer on the trailer axle, in-cluding load, shall not be greater than 18,500 pounds.

The wheel base between the rear axle of a six 4 wheel,2 axle

wheel motor truck and the front axle of a four semi-trailer.

wheel two axle semi-trailer shall be not less thaneighteen feet and between the first and second axleof the semi-trailer not less than three feet six inchesand the gross weight of truck and trailer, includingload, shall be not greater than 54,000 pounds or hav-ing a greater weight, including load, on any one axlethan 12,000 pounds.

The wheel base between the rear axle of a six 4 wheel

wheel motor truck and the front axle of a four wheel trailer.

trailer shall be not less than ten feet and betweenthe first and second axle of a four wheel trailer shallbe not less than twelve feet and the gross weight oftruck and trailer, including load, shall be not greaterthan 54,000 pounds or having a greater weight, in-cluding load, on any one axle than 12,000 pounds.

The wheel base between the rear axle of a six Six wheel

wheel motor truck and the front axle of a six wheel trailer.

trailer shall be not less than ten feet and betweenthe first and second axle of a six wheel trailer shallbe not less than twelve feet, between the second andthird axle shall be not less than three feet six inchesand the gross weight of truck and trailer, includingload, shall be not greater than 60,000 pounds or hav-ing a greater weight, including load, on any one axlethan 12,000 pounds.

Six wheel trucks, six wheel trailers -and semi-four Six wheeltrucks, six

wheel trailers shall be constructed so that the load heand

distribution on any one wheel shall not exceed the eelfour

average load for all wheels by more than 15% when trailers.

one wheel is approximately 3 inches above or below

Oni. 180.] 463

the plane passing through the points of contact ofthe other three wheels with the surface of the road.

Amends §10, SEC. 5. That section 10 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 10. The wheel base between the rear axleWheel base of a truck and the front axle of a trailer shall notbetweenrear axle of be less than ten feet. Trailer shall have a chain ortruck and b esta e et rie hl aeacanofront axle ofstectrailer. steel cable connection to the motor vehicle in ad-

dition to the draw bar connection which chain con-Chain or nection shall have sufficient strength to hold thesteel cableconnection. trailer on the maximum grade on which the vehicles

are to be operated; trailers shall not whip, weave orSpecial oscillate: Provided, That, in special cases, vehiclesclassifica-tions and that do not come within the classifications hereinpermits.

prescribed, or vehicles whose gross weight, includ-ing load, exceeds those herein prescribed, or whereoverhanging loads are necessary, or vehicles whoseover all width and length are in excess of the maxi-mum herein prescribed, or special equipment mayoperate over a definite route under special writtenpermits, which must be first obtained and under suchterms and conditions as to route, equipment, speed

State and otherwise as shall be determined by: The statehighwayengineer. highway engineer if it is desired to use a state high-

way; the county commissioners if it is desired to useCounty com- a county road; and the city or town council if it ismissioners.City council. desired to use a city or town street; from which

officer or officers such permit shall be obtained inthe respective cases. Provided, That such permitor permits shall in no way relieve the person, firm

Damages. or corporation of full liability for any damages tothe highway or any damages to any person or prop-erty incurred by reason of the operation under theterms of the permit or permits. Provided, That nomotor truck or trailer shall be driven over or on apublic highway with a load exceeding the licensedcapacity.

464 SESSION LAWS, 1929. [CH. 180.

SESSION LAWS, 1929.

Provided, Every motor truck or combination of Brakes.

motor truck and trailer operating upon the publichighways shall be equipped with brakes adequate tobring such motor vehicles or combination of motorvehicle and trailer to a complete stop when testedupon dry asphalt or concrete pavement surfacewhere the grade does not exceed one per cent andwhen operating at a speed set down in the followingtable in the distance set opposite such speeds, Pro-vided, That no vehicle shall be tested for brake ef- Tests.

ficiency at a speed higher than that permitted bylaw for such vehicle, and further provided that novehicle be tested for brake efficiency at a speedhigher than thirty miles per hour:

Miles per hour Stopping distance Miles perhour and

10.................. 9.3 Feet stoppage15 .................. 20.8 Feet distance.

20..................37.0 Feet25..................58.0 Feet30..................83.3 Feet

And further provided, That any truck, when loadedto capacity, shall have not less than 70 per cent ofthe gross load under brake control; and any trailerwith gross load in excess of 6,000 pounds, whenloaded to capacity, shall have not less than 50 per-cent of the gross load under brake control.

No vehicle whose width over all, including load, Width of

exceeds eight feet shall be driven over or on a publichighway (farm machinery moving from one farmor section of farm to another not included). Novehicle designed for the carrying of passengers shall ugagebe operated upon any public highway having anyluggage, package, trunk, crate, box or any other loadcarried thereon extending beyond the line of the hubcaps on the left side of such vehicle nor extendingmore than six inches beyond the line of the hub capson the right side thereof; and no vehicle having twoaxles and having a length of more than thirty-five Length.

feet shall be driven over or on a public highway;

CH. 180.] 465

and no vehicle or combination of vehicles havingmore than two axles and having a length includingload of more than eighty-five feet shall be drivenover or on a public highway; and no vehicle or com-bination of vehicles having more than six axles shallbe driven over or on a public highway: Provided,

enatins, further, Upon the conviction of any person, firm orcorporation for the violation of the provisions ofsections 8, 9 or of this section or any part thereof,a fine shall be imposed of not less than twenty-fivedollars ($25): Provided, further, Upon the convic-tion of any person, firm or corporation for a secondviolation of the provisions of sections 8, 9 or of thissection or any part thereof, the court or judge beforewhom such conviction is had may in its or his dis-cretion impose a fine of not to exceed fifty dollars($50) and shall in addition to any fine imposedsuspend the certificate of registration covering thevehicle involved in such violation for a period ofthirty days, and upon a third conviction, the courtor judge may in its or his discretion impose a fineof not to exceed one hundred dollars ($100) andshall in addition to any fine imposed suspend cer-tificate of registration covering the vehicle involvedin such violation for a period of three months: Pro-vided, further, Upon the conviction of any personfor the violation of section 4 or any part thereof, afine shall. be imposed of not less than twenty-fivedollars ($25). Provided, further, Upon the convic-tion of any person for the second violation of theprovisions of section 4 or any part thereof, the courtor judge before whom such conviction is had may inits or his discretion impose a fine of not to exceedfifty dollars ($50) and shall in addition to any fineimposed suspend the operator's license involved insuch violation for a period of thirty days and upona third conviction the court or judge may in its orhis discretion impose a fine of not to exceed one

466 SESSION LAWS, 1929. [CH~. 180.

SESSION LAWS, 1929.

hundred dollars ($100) and shall in addition to anyfine imposed suspend the operator's license involvedin such violation for a period of three months.

It shall be unlawful for any person, firm or cor- Metal tires.

poration to operate any vehicle equipped with metaltires over and along any paved public highway inthis state whose gross weight including load is morethan 10,000 pounds or any vehicle having a grossweight, including load, of over 625 pounds per inchwidth or tire.

It shall be unlawful for any person, firm or cor- Tireelasticity.

poration to operate over and along any public high-way any vehicle equipped with tires of solid rubberor other elastic material and having upon the wheelsthereof any tire of a less thickness of solid rubberor other equally elastic material or composition thanwill insure and maintain a cushion of elastic ma-terial between the surface of the highway and everymetal part of every wheel of such vehicle of not lessthan the following:

(a) When the gross weight, including load, on Gross weightless than

any one wheel is less than 6,000 pounds, one and 6,000 lbs.

one-quarter inches.

(b) When the gross weight, including load, on 6,000 lbs.or more,

any one wheel is 6,000 pounds or more, one and one-half inches.

It shall be unlawful for -any person, firm, or cor- Chains.

poration to operate over and along any paved publichighway or bridge any motor truck equipped withsolid tires and anti-skid chains whose strands aremore than six inches apart or equipped with anyother device that will produce serious impact orotherwise damage the pavement.

SEC. 6. That section 16 of chapter 309 of the Cmen 30,


Section 16. Every motor vehicle or combinationof vehicles operated or driven upon the public high-

CH. 180.] 467y

SESSION LAWS, 1929.

Brakes. ways of this state, shall be equipped with brakes asfollows:

Motorcycles. Motorcycles shall be equipped with one brakecapable of controlling the vehicle at all times.

2 axles Vehicles having two axles shall be equipped withvehicleS.two independently operated brakes controlling thewheels of one axle, either of which shall be capableof controlling the vehicles at all times.

Trucks. Provided, further, That any truck, when loadedto capacity, shall have not less than 70 per cent ofthe gross load under brake control; and 'any trailerwith gross load in excess of 6,000 pounds whenloaded to capacity, shall have not less than 50 per-cent of the gross load under brake control.

Commission All brake equipment shall be subject to the ap-on equip- Albrkeqimnshlbesbettteapment. proval of the commission on equipment.Amends § 46, SEC. 7. That section 46 of chapter 309 of theChap. 309,Laws 1927. Laws of 1927 be amended to read as follows:

Section 46. It shall be unlawful for any personSuch weight to drive, propel, draw, move, convey or transport,as to causeinjury to or cause to be driven, propelled, drawn, moved, con-highway. veyed or transported over, upon, along or across

any public street, road, or highway, without the cor-porate limits of any city of the first class, any vehicleor object which, with or without its load, shall be ofsuch weight, or which shall have any wheel or tiresso made, constructed, formed or shaped, placed, orso equipped with spikes, cleats, lugs or other attach-ments or projections as to destroy or permanentlyinjure such street, road or highway, or the surface,foundation or other part thereof, and it shall be un-lawful for any person to drive, propel, draw, move,convey, or transport, or cause to be driven, pro-pelled, drawn, moved, conveyed or transported, over,upon, along or across any public street, road, orhighway without the corporate limits of cities of thefirst class, any automobile, auto truck, or motor pro-pelled vehicle which with or without its load shall

468 [CH. 180.

SESSION LAWS, 1929.

weigh more than thirty-four thousand pounds. All noad weigh-

road supervisors, county. and municipal officers and tan 34,000

their deputies are hereby vested with the powersand duties 9f sheriffs in preventing violations of this Officers to

section and in making arrests therefor.


CHAPTER 181.[H. B. 118.]

IRRIGATION DISTRICT ASSESSMENTS.

AN ACT relating to assessments of irrigation districts and amend-ing Sections 7442, 7443 and 7444 of Remington's CompiledStatutes.




Section 7442. On or before the first day of No- Delivery ofassessment

vember in each year to and including the year 1923, roll.

and on or before the fifteenth day of January inthe year 1925, and each year thereafter the secre-tary must deliver the assessment roll or the respec-tive segregation thereof to the county treasurer ofeach respective county in which the lands thereindescribed are located, and said assessments shall onthat date become due and payable. Within twentydays thereafter the respective county treasurers county

teasurershall each publish a notice in a newspaper published e publish

notice.in their respective counties in which any portion of

the district may lie, that said assessments are dueand payable at the office of the county treasurer ofthe county in which said land is located and will be-come delinquent at 5 o'clock in the afternoon of the Delinquent.

thirty-first day of December next thereafter in each

Ci. 181.] 469

SESSION LAWS, 1929.

year.to and including the year 1923 unless sixty percent thereof shall then have been paid, and that if

Penalty. this is allowed to become delinquent, a penalty offive per cent thereof will be added to the amountthereof, and if sixty per cent thereof be paid on orbefore the said thirty-first day of December, theremainder thereof will not become delinquent untilApril 30th next following: Provided, That begin-

After year ning with the year 1925 and each year thereafter,1925, said notice shall state that said assessments will be-

come delinquent at 5 o'clock in the afternoon of thedelinquent thirty-first day of May next thereafter unless fiftyMay 31,unless one- per cent thereof shall then have been paid, and thathalf paid. if thus allowed to become delinquent shall bear in-

terest at the rate of twelve per cent per annum, andif fifty per cent thereof be paid on or before the said

Remainder thirty-first day of May, the remainder thereof willdelinquentNovember not become delinquent until November 30th next30th.

following; and that if fifty per cent thereof be notpaid before .5 o'clock in the afternoon of Maythirty-first next thereafter, the whole assessmentshall bear interest at twelve per cent per annumuntil paid; and that if fifty per cent thereof is paidon or before May thirty-first, but the remainingfifty per cent is not paid on or before November30th next thereafter a penalty of five per cent shallbe added to said remaining fifty per cent and the

Interest. said remaining fifty per cent shall also bear interestat the rate of twelve per cent per annum until paid;and that if the whole of said assessment is not paidon or before November 30th next thereafter, a pen-alty of five per cent of the amount of said assess-ment shall be added in addition to the said twelve

Notice per cent interest. The notice shall be publishedpublishedand posted. once a week for four successive weeks and shall be

posted within said period of twenty days in somepublic place in said district.

Assessment Upon receiving the assessment roll, the countybook.u reefroll, counttreasurer shall prepare therefrom an assessment

470 [CH. 181.

SESSION LAWS, 1929.

book in which shall be written the description ofthe land as it appears in the assessment roll, thename of the owner or owners where known, and ifassessed to the unknown owners, then the word "un-known," and the total assessment levied against Uknon

each tract of land. Proper space shall be left in saidbook for the entry therein of all subsequent pro-ceedings relating to the payment and collection ofsaid assessment.

Upon the payment of any assessment the county Payment.

treasurer must enter the date of said payment insaid assessment book opposite the description ofthe land and the name of the person paying and givea receipt to stich person specifying the amount ofthe assessment and the amount paid with the de-scription of the property assessed. On all assess-ments levied prior to the time this amendatory acttakes effect the county treasurer shall collect the Prior

assessmentinterest and penalty upon delinquent assessments governed by

prior law.

in accordance with the law in effect at the time suchassessments were levied; and on all assessmentslevied after this amendatory act takes effect it shallbe the duty of the treasurer to collect the interestand penalty provided by this amendatory act.

It shall be the duty of the county treasurer of Statementto owner

the county in which any land in the district is located showingassessments.

to furnish upon request of the owner, or any personinterested, a statement showing any and all assess-ments levied as shown by the assessment roll in hisoffice upon land described in such request, and* allstatements of general taxes covering any land inthe district shall be accompanied by a statementshowing the condition of irrigation district assess-ments against such lands: Provided, That the fail-ure of the county treasurer to render any statementherein required of him shall not render invalid anyassessments made by any irrigation district or pro-ceedings had for the enforcement and collection ofirrigation district assessments pursuant to this act.

OH. 181.] 471

SESSION LAWS, 1929.

rmnithles. It shall be the duty of the cou'nty freasuier of'any county, other than the county in which the officeof the board of directors is located, to make monthlyremittances to the county treasurer of the county inwhich the office of the board of directors is locatedcdvering all amounts collected by him for' the irri-gation district during the preceding month.

Amends SEc. 2. That section 7443 of Remington's Com-§ 7443, Rem.Comp. Stat. piled Statutes be amended to read as follows:

Section 7443. On or before the first day ofDelinquency February in each year to and including the yearlist posted. 1924, the county treasurer of the county in which

the land is located shall cause to be posted the de-linquency list, which must contain the names of thepersons and a description of the property delin-quent, and the amount of the assessments and costsdue, opposite each name and description, in all cases

If 60% o where payment of sixty per cent (60%) of the assess-assessmentnot paid ment has not been made on or before the thirty-beforeDec. 31. first day of December, next preceding; likewise on

or before May 15th in each year to and includingthe year 1924, he must cause to be posted the delin-

40% install- quency list of all persons delinquent in the paymentqudelin of the installment of forty per cent (40o) as in

this act provided. On or before the fifteenth day ofDecember beginning with the year 1925 and eachyear thereafter, he must post the delinquency listof all persons delinquent in the payment of saidassessment or any part thereof as in this act pro-

Notice. vided. He must append to and post with the delin-quency list a notice that unless the assessment de-linquent, together with costs and percentages, arepaid the real property upon which such assessments

Posted. are a lien will be sold at public auction. The saidnotice and delinquent list shall be posted at leasttwenty days prior to the time of sale. One copythereof shall be posted in the office of the countytreasurer making the collection, one copy in the

472 [Cu. 181.

SESSION LAWS, 1929.

office of the board of directors and three copies inpublic places in each of the established voting pre-cincts within the portion of said district lying insaid county. Concurrent as nearly as possible withthe date of the posting aforesaid, the said countytreasurer shall publish a list of the places wheresaid notices are posted, and in connection therewith Publish listof places of

a notice that unless delinquent assessments, to- posting.

gether with costs and percentages, are paid, the realproperty upon which such assessments are a lienwill be sold at public auction. Such notices mustbe published once a week for three successive weeksin a newspaper of general circulation published inthe county within which the land is located. Butsaid notice of publication need not comprise the de-linquent list where the same is posted as herein pro-vided. Both notices must designate the time and Notice of

place of sale. The time of sale must not be less than plce of

twenty-one nor more than twenty-eight days fromdate of posting and from the date of the first pub-lication of the notice thereof, and the place must beat some point designated by the treasurer.

SEc. 3. That section 7444 of Remington's Com- Amends§7444, Rem.


Section 7444. The treasurer of the county inwhich the land is situated shall conduct the sale of Sale.

all lands situated therein and must collect in addi-tion to the assessments due as shown on the delin-quent list, interest at the rate of twelve per cent perannum from date of delinquency and five per cent ofthe amount thereof if no part of said assessment asprovided in section 1 of this act was paid on or be-fore November 30th, or if fifty per cent thereof waspaid on or before May thirty-first, twelve per centinterest per annum and the additional five per centpenalty on the fifty per cent of said assessment re-Inaining unpaid. On the day fixed for the sale, orsome subsequent day to which he may have post-

OH. 181.] 473

-SESSION LAWS, 1929.

poned it, of which postponement he must give noticeHous of at the time of making such postponement and be-

tween the hours of 10 o'clock a. m. and 3 o'clockp. m. the county treasurer making the sale mustcommence the same beginning at the head of the list,and continuing alphabetically or in the numericalorder of the parcels, lots or blocks, until completed.

Postpone-potoe dy cmecg sa,ment of sale. He may postpone the day of commencing the sale,

or the sale from day to day, by giving oral noticethereof at the time of postponement, but the salemust be completed within three weeks from the firstday fixed.


CHAPTER 182.[H. B. 192.)

OFFICERS OF THIRD CLASS CITIES.

AN ACT relating to the government of cities of the third classand the terms of appointive officers thereof and amendingSection 3 of Chapter 184 of the Laws of 1915.


Amends SECTION 1. That section 3 of chapter 184 of the1 9116, Rem.Comp. Stat. Laws of 1915, pages 650 to 651, as amended by sec-

tion 1 of chapter 159 of the Laws of 1927, pages 147to 148, (section 9116 of Remington's Compiled Stat-utes) be amended to read as follows:

Terms. Section 3. The mayor, councilman-at-large,treasurer, city attorney and clerk shall be elected inthe year 1915 for the term of one year. Such officersshall be elected in the year 1916 and biennially there-after for terms of two years. Three councilmen,other than councilman-at-large, shall be elected iithe year 1915 for terms of three years. Three coun-

474 [CH. 182.

SESSION LAWS, 1929.

cilmen, other than councilman-at-large, shall beelected in the year 1916 and biennially thereafter forterms of four years. All such elections shall be bythe qualified electors of such city at a general mun- Elections.

icipal election to be held therein on the first Tues-day after the first Monday in December, except inclass A counties and counties of the first class. Allelective officers shall hold office from and afterthe first Tuesday in January next succeeding thedate of election and until their successors are electedand qualified. The mayor shall appoint and at hispleasure may remove a chief of police, police judge,city engineer, street superintendent, health officer Apgontive

and such other officers as shall be provided by or-dinance, and any such appointment or removal mustbe in writing, signed by the mayor, and filed with thecity clerk.


CHAPTER 183.[H. B. 250.)

LOCAL IMPROVEMENT ASSESSMENTS.AN ACT relating to *local improvement assessments; requiring

cities and towns to include in their annual tax levies anamount sufficient to pay all unpaid assessments upon certainpublicly owned lands, and amending Sections 9344 and 9345of Remington's Compiled Statutes of Washington.



Compiled Statutes of Washington be amended to Comp. Stat.

read as follows:Section 9344. Every city of the first, second and Amnual tax

levy.third class and town shall include in its annual taxlevy an amount sufficient to pay all unpaid assess-

CH. 183.] 475

ments, with all interest, penalties and charges there-on levied against all lands of such city or town.

Amends SEC. 2. That section 9345 of Remington's Com-I9345, Rem.Comp. Stat. piled Statutes of Washington be amended to read

as follows:

tyesurer Section 9345. On or before the fifteenth day ofto certify. August of each year, the city or town treasurer of

each such city or town shall certify to the city ortown council thereof a detailed statement showingthe proceedings authorizing and confirming suchassessments, the city's or town's lots, tracts andparcels of land so assessed, the several assessmentsagainst each, the interest, penalties and chargesthereon, together with the estimated interest, pen-alties and charges which will accrue upon such as-sessments to date of payment and the total of allsuch assessments, interest, penalty and charges. The

"City Prop- proceeds of such portion of the tax levy shall beerty Assess-..ments e- placed by such city or town treasurer in a separatedemptionFund." fund to be known as the "City (or town) Property

Assessments Redemption Fund" and by him inviol-ably applied in payment of any unpaid assessmentliens on any lands belonging to such city or town.The longest outstanding liens shall be paid first, butif the moneys in such fund shall at any time be in-sufficient to discharge all such liens against suchlands upon a given assessment roll, such city oi towntreasurer may pay such portion thereof as may bepossible from the funds available therefor: Pro-vided, That the city or town council of such city ortown may, if it be deemed necessary, transfer anysum or sums to such fund from the general fund ofsuch city or town as a loan, such transfer to be re-paid when moneys shall be available therefor in thefund hereby created.



SESSION LAWS, 1929.

CHAPTER 184.[H. B. 271.]

COIN BOX TELEPHONES AND OTHER COIN RECEPTACLEMACHINES.

AN ACT for the prevention of the fraudulent operation of coinreceptacles, or making or furnishing devices to defraud own-ers of the same, and prescribing penalties for the violationof the provisions thereof.


SECTION 1. Any person who shall knowingly and Fauauent

wilfully operate, or cause to be operated, or whoshall attempt to operate, or attempt to cause to beoperated, coin-box telephone or other receptacle de-signed to receive lawful coin of the United Statesof America in connection with the sale, use or en-joyment of property or service, by means of a slugor any false, counterfeited, mutilated, sweated orforeign coin, or by any means, method, trick or de-vice whatsoever not lawfully authorized by theowner, lessee,. or licensee of such machine, coin-boxtelephone or other receptacle designed to receivelawful coin of the United States of America in con-nection with the sale, use or enjoyment of propertyor service, any goods, wares, merchandise, gas,electric current, article of value, or the use or en-joyment of any telephone or telegraph facilities orservice without depositing in and surrendering tosuch machine, coin-box telephone or receptacle law-ful coin of the United States of America to theamount required therefor by the owner, lessee orlicensee of such machine, coin-box telephone or re- Misde-

ceptacle, shall be guilty of a misdemeanor.

SEC. 2. Any person who, with intent to cheat ordefraud the owner, lessee, licensee or other personentitled to the contents of any coin-box telephone orother receptacle, depository or contrivance, designed

OH. 184.] 477

to receive lawful coin of the United States ofAmerica in connection with the sale, use or enjoy-

Manufacture ment of property or service, or who, knowing orof slugs foroperation, having cause to believe, that the same is intended

for unlawful use, shall manufacture for sale, or sellor give away any slug, device, or substance what-soever intended or calculated to be placed or de-posited in any coin-box telephone or other such re-

Misde- ceptacle, depository or contrivance, shall be guiltymeanor.

of a misdemeanor.


CHAPTER 185.[H. B. 277.1

IRRIGATION DISTRICTS.

AN ACT relating to irrigation districts, providing for the issu-ance of warrants, fixing the powers and duties of certainofficers in relation thereto, and relating to irrigation districtassessments on tolls and charges levied by irrigation dis-tricts, providing for the collection thereof, and the taxationof lands sold by irrigation districts, and amending Sections18, 22, 29, 36 and 37 of an act entitled "An Act providing forthe organization and government of irrigating districts, andthe sale of bonds arising therefrom, and declaring an emer-gency," approved March 20, 1890.


SECTION 1. That section 22 of an act entitledAmends "An act providing for the organization and govern-Laws of18s9/90. ment of irrigating districts, and the sale of bonds

arising therefrom, and declaring an emergency",approved March 20, 1890, Laws of 1889/90, pages683 to 684, as amended by chapter 243 of the Lawsof 1927, pages 373 to 376, be amended to read as fol-lows:

478 SESSION LAWS, 1929. [CH. 185.

SESSION LAWS, 1929.

Section 22. The boar.d of directors shall in each Annual

year before said roll is delivered by the secretary to itystond

the respective county treasurers, levy an assessmentsufficient to raise the ensuing annual interest on theoutstanding bonds, and all payments due or to be-come due in the ensuing year to the United Statesor the State of Washington under any contract be-tween the district and the United States or the Stateof Washington accompanying which bonds of thedistrict have not been deposited with the UnitedStates or the State of Washington as in this actprovided. Beginning in the year preceding the Assessment

maturity of the first series of the bonds of any issue, bonds.

the board must from year to year increase said as-sessment for the ensuing years in an amount suf-ficient to pay and discharge the outstanding bondsas they mature. Similar levy and assessment shallbe made for the expense fund which shall includeoperation and maintenance costs for the ensuingyear. The board shall also at the time of makingthe annual levy, estimate the amount of all probabledelinquencies on said levy and shall thereupon levy Levy to

cover delin-a sufficient amount to cover the same and a further quencies.

amount sufficient to cover any deficit that may haveresulted from delinquent assessments for any pre-ceding year. The board shall also, at the time ofmaking the annual levy, estimate the.amount of theassessments to be made against lands owned by thedistrict, including local improvement assessments,and shall levy a sufficient amount to pay said as-sessments. All lands owned by the district shallbe exempt from general state and county taxes: District

landsProvided, however, That in the event any lands ac- exempt from

generalquired by the district by reason of the foreclosure taxes.

of irrigation district assessments, shall be by saiddistrict resold on contract, then and in that event,said property and contract shall be by the countyassessor immediately placed upon the tax rolls for

CH. 185.] 479

SESSION LAWS, 1929.

taxation for general state and county taxes as realproperty and shall become subject to general stateand county taxes from and after the date of said con-tract, and the secretary of said irrigation districtshall be required to immediately report such salewithin ten days from the date of said contract to thecounty assessor who shall cause the same to be en-tered on the tax rolls as of the first day of Marchfollowing.

The board may also at the time of making theSurplus said annual levy, levy an amount not to exceedfund.

twenty-five per cent of the whole levy for the saidyear for the purpose of creating a surplus fund.This fund may be used for any of the district pur-poses authorized by law. The assessments, whencollected by the county treasurer, shall constitute

Funds, a special fund, or funds, as the case may be, to becreated.

called respectively, the "Bond Fund of ..........Irrigation District", the "Contract Fund of ............ Irrigation District", the "Expense Fund of............... Irrigation District", the "CouponWarrant Fund of ................ Irrigation Dis-trict", the "Surplus Fund of ....................

ntsfor Irrigation District": Provided, That in districts

States or acting as fiscal agent for the United States orstate. the State of Washington such assessments may

also be paid -to the secretary of such districtswhen so authorized by the board of directors andunder such. rules and regulations as the board mayadopt. The secretary shall issue a receipt for suchpayments and shall be accountable on his officialbond for the safe keeping of such funds and shallremit the same at least once each month to thetreasurer of the county wherein the land is locatedon which payment was made. Upon receipt of suchfunds the county treasurer shall issue his official re-ceipt therefor in like manner as though payment hadbeen made direct to him by the land owner.

480 [CH. 185.


If the annual assessment roll of any district has Fevlure to

not been delivered to the county treasurer on or roll tobefore the 15th day of January in the year 1927, t'ea's'rer.

and in each year thereafter, he shall notify the sec-retary of the district by registered mail that saidassessment roll must be delivered to the office ofthe county treasurer forthwith. If said assessmentroll is not delivered within ten days from the dateof mailing of said notice to the secretary of the dis-trict, or if said roll when delivered is not equalizedand the required assessments levied as required bylaw, or if for any reason the required assessment orlevy has not been made, the county treasurer shallimmediately notify the board of county commis-sioners of the county in which the office of the boardof directors is situated, and said board of countycommissioners shall cause an assessment roll for thesaid district to be prepared and shall equalize the County com-

missionerssame if necessary and make the levy required by tcastion

this chapter in the same manner and with like effect meatrel

as if the same had been equalized and made by thesaid board of directors, and all expenses incidentthereto shall be borne by the district. In case ofneglect or refusal of the secretary of the districtto perform the duties imposed by law, then thetreasurer of the county in which the office of theboard of directors is situated must perform suchduties, and shall be accountable therefor, on his of-ficial bond, as in other cases.

At the time of making the annual levy in the Levy topay bonds.

year preceding the final maturity of any issue ofdistrict bonds, the board of directors shall levy asufficient amount to pay and redeem all bonds ofsaid issue then remaining unpaid. All surplus re-maining in any bond fund after all bonds are paidin full must be transferred to the surplus fund ofthe district.

Any surplus moneys in the surplus fund or any Surplus

surplus moneys in the bond fund when so requested-16

On. 185.]

SESSION LAWS, 1929.

Investment. by the board of directors shall be invested by thetreasurer of said county under the direction of saidboard of directors in United States gold bearingbonds or bonds of the State of Washington, or anybonds pronounced by the treasurer of the State ofWashington as valid security for the deposit ofpublic funds, and in addition thereto any bonds orwarrants of said district, all of which shall be kept intfhe surplus fund until needed by the district for thepurposes authorized by law.

Amends SEc. 2. That section 29 of an act entitled "AnLaws of1889/90 act providing for the organization and government§7447, Rem. c r rgnztoComp. Stat. of irrigating districts, and the sale of bonds arising

therefrom, and declaring an emergency", approvedMarch 20, 1890, Laws of 1889/90, page 687, asamended by section 12 of chapter 138 of the Laws of1923, pages 439 to 440, (section 7447 of Remington'sCompiled Statutes) be amended to read as follows:

Section 29. A redemption of the property soldRedemption may be made by the owner or any person on behalfof propertysold, and in the name of the owner or by any party in

interest within one year from the date of purchase,by paying the amount of the purchase price and in-terest, and the amount of any assessments whichsuch purchaser may have paid thereon after pur-chase by him and during the period of redemptionin this section provided, together with like intereston such amount, and if the irrigation district is thepurchaser, the redemptioner shall pay in additionto the purchase price and interest, the amount ofany assessments levied against said land during theperiod of redemption, and which are at that time.de-linquent. Redemption must be made in gold orsilver coin, as provided for the collection of stateand county taxes, and the county treasurer mustcredit the amount paid to the person named in thecertificate and pay it on demand to such person orhis assignee. No redemption shall be made except

482. [CH. 185.

SESSION LAWS, 1929.

as to the county treasurer of the county in which theland is situated.

Upon completion of redemption the county treas-urer to whom redemption has been made shall enterthe word "redeemed", the date of redemption andby whom redeemed on the certificate and on themargin of the assessment book where the entry ofthe certificate is made. If the property is not re-deemed within one year from the sale the countytreasurer of the county in which the land sold issituated must make to the purchaser, or his as- Deed to

signees a deed of the property, reciting in the deedsubstantially the matters contained in the certificate,and that no person redeemed the property duringthe time allowed by law for its redemption. Thetreasurer shall receive from the purchaser, for theuse of the district, one dollar ($1.00) for making Fee.

such deed: Provided, If redemption is not made ofany lot, parcel or tract of land not larger than oneacre, the fee for a deed shall be twenty-five cents(25c) and when any person or district holds a dupli-cate certificate covering more than one tract ofland, the several parcels, or tracts of land, mentionedin the certificate may be included in one deed.

SEc. 3. That section 36 of an act entitled "An Amendsact providing for the organization and government 141ss Rem.

of irrigating districts, and the sale of bonds arising Comp.Stat.

therefrom, and declaring an emergency", approvedMarch 20, 1890, Laws of 1889/90, page 690, asamended by section 13 of chapter 138 of the Laws of1923, pages 440 to 442, (section 7453 of Remington'sCompiled Statutes) be amended to read as follows:

Section 36. The county treasurer of the county Countytreasurer

in which is located the office of any irrigation dis- ex-ofiodistrict1

trict shall be and is hereby constituted ex-officio dis- treasurer.

trict treasurer of said district, and any county treas-irer collecting or handling funds of the district shallbe liable upon his official bond and to criminal prose-

OH. 185.] 483

Malfeasance cution for malfeasance and misfeasance, or failureand mis-feasance. to perform any duty herein prescribed as county

treasurer, or district treasurer, as is provided bylaw in other cases as county treasurer. It shall bethe duty of the county treasurer of each county, in

Collect which lands of the district are located, to collect andtaxes.

receipt for all assessments and taxes levied as inthis chapter provided. There shall be depositedwith the county treasurer of the county in which theoffice of the board of directors is located, all sumscollected for the defraying of the expenses of thedistrict, whether said sums are collected by tolls,assessments or special assessments, and they shallbe placed by the said county treasurer in the ex-

Records. pense fund of the district. The said county treas-urer shall also keep such other funds as may be re-quired by law governing irrigation districts andshall place therein moneys collected for said funds.The county treasurer shall pay out the moneys re-ceived or deposited with him or any portion thereof,

Payments. upon warrants issued by the county auditor againstthe proper funds of the district, except the sums tobe paid out of the bond fund upon the coupons orbonds presented to the treasurer. All warrants

Warrants. hereafter issued shall be paid in the order of theirissuance. The said treasurer shall report, in writing,

Report. on the first Monday in each month to the board ofdirectors of the district, the amount of money heldby him, the amount in each fund, the amount of re-ceipts for the month preceding in each fund, and theamount or amounts paid out of each fund, and saidreport shall be filed with the secretary of the board.The secretary shall also report to the board, inwriting at the regular meeting in each month, theamount deposited with the county treasurer belong-ing to the district during the preceding month, theamount of receipts for the month preceding and theamount and items of expenditures during the pre-

484 SESSION LAWS, 1929. [CH. 185.

SESSION LAWS, 1929.

ceding month, and said report shall be filed in theoffice of the board.

Any claim against the district shall be presented Claims,pre-

to the district board for allowance or rejection. andallowance.

Upon allowance, such claim shall be attached to avoucher verified by the claimant or his agent andapproved by the president and countersigned by thesecretary of the board and directed to the countyauditor for the issuance of a warrant against theproper fund of the district, in payment of said claim.

SEC. 4. That section 37 of an act entitled "An AmendsLaws 1889/act providing for the organization and government "e o "',of irrigating districts, and the sale of bonds arising stat.

therefrom, and declaring an emergency", approvedMarch 20, 1890, Laws of 1889/90, pages 690 to 691,as amended by section 18 of chapter 179 of the Lawsof 1915, pages 626 to 627, (section 7454 of Reming-ton's Compiled Statutes) be amended to read asfollows:

Section 37. The cost and expense of purchasing Acquisition

and acquiring property, and construction, recon- enovitc.pad fromstruction, extension, and betterment of the works bod slIs.

and improvements herein provided for, and the ex-penses incidental thereto, and indebtedness to theUnited States for district lands assumed by the dis-trict, and for the carrying out of the purposes of thischapter, may be paid by the board of directors outof the funds received from bond sales. For the pur-pose of defraying the expenses of the organizationof the district, and of the care, operation, manage- Organiza-

ment, repair and improvement of such portions ofsaid canal and works as are completed and in use,the board may either fix rates or tolls, and charges,and collect the same from all persons using said Tolls.

canal for irrigation and other purposes, or they mayprovide for the payment of said expense by a levy ofassessment therefor, or by both said tolls and assess- Levy.

ment; if by the latter method, such levy shall be

CH. 185.] 485

SESSION LAWS, 1929.

made on the completion and equalization of the as-sessment roll each year, and the board shall have thesame powers and functions for the purpose of saidlevy as possessed by it in case of levy to pay bonds

Collection. of the district. The procedure for the collection ofassessments by such levy shall in all respects con-form to the provisions of this chapter, relating tothe payment of principal and interest of bonds here-in provided for, and shall be made at the same time.If the toll and charge method is adopted in whole

Rates or or in part the board of directors may fix rates ortoll charges,fixed tolls and charges for irrigation and other public

uses, and collect the same from all irrigable land inthe district and from all persons using said canal forirrigation and other purposes. Such schedule oftolls for a given year shall be filed with the propercounty treasurer within the same time as that pro-vided by law for the filing of the annual assessmentroll, and the county treasurer shall collect and re-ceipt for the payment of said tolls and credit themto the proper funds of the district. The board maydesignate the time and manner of making such col-

Collection. lections and shall require the same to be paid in ad-vance of delivery of water and may accept shortterm interest bearing notes with or without col-lateral in their discretion for any portion of such

a r charges. The board may base such charges uponthe quantity of water to be delivered and may fixa minimum charge to be paid by each acre of landwithin the district which shall represent the deliveryof a stated quantity of water in acre feet with thegraduated charge for each additional acre foot ofwater delivered. The board may in the same yearuse the assessment method for part of the lands inthe district and the toll and charge method for theremaining lands in the district in such proportionas it may deem advisable for the best interests ofthe district.

486 [CH. 185.

SESSION LAWS, 1929.

Any tolls or charges remaining unpaid at the Uaidatol.

time the board of directors completes its equaliza-tion of the annual assessment roll shall be addedto the assessment list and become a part of the an-nual assessment levied upon the land for which suchtolls and charges are unpaid. The board of directorsmay at the same time place said land again upon thetoll and charge schedule for the current year. Anysuch unpaid toll or charge when placed upon theassessment roll shall constitute a lien upon said landin the same manner and with the same effect as otherassessments levied under this chapter.


CHAPTER 186.[H. B. 291.1

SAFE KEEPING OF PUBLIC DEPOSITARY SECURITIES.

AN ACT relating to the safe keeping of bonds and securitiespledged to any city, county or town by depositaries of publicfunds; providing for the designation of a trustee for thesafe keeping thereof and defining the rights, duties and obli-gations of such trustee.


SECTION 1. Any depositary of city, county or Depositarymay require

town funds having bonds or securities pledged or to securities orwihtrusteebe pledged by it to such city, county or town as secur- fort safe

ity for public funds deposited or to be deposited keeping.

with it, may, by written notice, require the treasurerof such city, county or town to designate a trustcompany or bank exercising trust powers andlocated within the State of Washington as a trusteefor the safe keeping of such bonds and securities.

'CH. 186.] 487

SESSION LAWS, 1929.

SEC. 2. The receipt of the trustee describing the

reite of securities held and the purpose, terms and condi-tions of such holding, shall be issued by the trusteein duplicate and one of such duplicates shall be de-livered to the treasurer of the city, county or townto which such securities are pledged, and one ofsuch duplicates shall be delivered to the depositaryby whom such bonds or securities are pledged. Suchreceipt shall be accepted by all public officers of theState of Washington or of any city, county, town ormunicipality thereof as prima facie evidence of the*facts therein stated.

SEC. 3. In the event of the insolvency or closingInsolvency of the bank depositing such bonds or securities, theof deposi-tary. trustee shall upon demand deliver the same to the

treasurer of the city, county or town to which thesame are pledged, and prior to any default of thedepositary the trustee shall, as the same mature andbecome payable, clip from all coupon bonds depositedwith it, the interest coupons thereof and deliver thesame on demand to the depositary by whom theywere deposited.

SEC. 4. The charges or compensation of theCharges of trustee for keeping such securities shall be a chargetrustee.

against and shall be paid by the depositary and shallnot be chargeable to the city, county or town to whichthe same are pledged nor to any treasurer thereof,nor shall such charges or compensation be a lienupon the bonds or securities in its custody.

SEC. 5. No bank or trust company shall act asBank orfothtrust trustee for the keeping of its own bonds or securitiescompany notto hold its when pledged by it as a depositary of public funds.tiense Provided, however, That nothing herein shall pre-

vent the treasurer of any city, county or town fromkeeping under his sole control in a safe or safe de-posit box in the vault of any bank or trust company,

488 [CH. 186.

SESSION LAWS, 1929.

bonds or securities pledged by such bank or trustcompany as a depositary of public funds.


CHAPTER 187.(H. B. 342.]

COUNTY SCHOOL DISTRICTS.

AN ACT relating to the formation, maintenance and dissolutionof county school districts.


SECTION 1. Whenever a petition signed by qual- Petition for

ified electors of any county in which there is but onehigh school or one high school district, equal innumber to ten per cent of the total number of votescast in such county at the last preceding generalelection for state and county purposes, praying forthe formation of a school district for the county asan entirety, shall be filed with the county superin-tendent of schools, such superintendent shall imme-diately submit to the state superintendent a copy ofsuch petition without signatures and the countysuperintendent and the state superintendent shallreport in writing to the board of county commis-sioners of such county their respective approval or Superin-disapproval of such petition, within sixty days from approvalor

disapproval.the date of the filing of the same.

SEC. 2. If both the county superintendent and Propositionsubmitted

the state superintendent shall have approved such at generalelection.

petition, the board of county commissioners shallsubmit to the qualified electors of such county at thenext general election to be held in such county forstate and county purposes the question of the for-

CH. 187.] 489

mation of a county school district in the followingform:Shall a county school district be formed in

...... -.... ................... ...................... County ........... Yes LShall a county school district be formed in

.......................................................... County ........... N o F ]Provided, That if such petition shall be filed morethan six months prior to the date of holding a gen-eral state and county election, the board of county

Special commissioners may submit said question to a voteelection.

of the electors of the county at a special county elec-tion to be called in the manner provided by law forthat purpose. If a majority of the voters of suchcounty shall at said election, either special or gen-eral, vote in favor of the formation of such countyschool district the county auditor shall immediatelyupon the canvass of the returns of such electionnotify the county superintendent of the holding and

Formation the result thereof. and- the county superintendententered ofrecord, shall immediately upon receipt of such notice, certify

and enter of record the formation of such countyschool district, to be designated as the "....

...... County School District".

SEC. 3. The board of directors of such countyBoard of school district shall be composed of three members,Directors. one of whom shall be a resident of each of the county

commissioners' districts, as provided for suchcounty. The members who shall constitute such

Appointed board of directors upon the formation of such countyby countysuperin- school district shall be appointed by the countytendent ofschools. superintendent of schools with the approval of the

board of county commissioners, and such membersshall hold office until the second Monday in Januaryafter the next succeeding general election held in

Election of such county. At such next succeeding general elec-directors. tion there shall be elected by the voters of such'

county, from each of the commissioners' districts ofsuch county, one director who shall be nominated


SESSION LAWS, 1929.

and elected upon a non-partisan ballot, in the samemanner as judges are nominated and elected andwho shall hold office for the same term and periodof time as the county commissioner for his districtshall, and thereafter such director shall be electedin the aforesaid manner at the same time and for Terms.

the same terms of office as the county/commissionersof such county are elected.

SEC. 4. The board of directors shall within ten organizationof board.

days after having been appointed, meet and organ-ize by electing one of their number president of theboard and selecting their clerk, for such countyschool district and the president and clerk so chosenshall hold their respective offices until their succes-sors shall be elected and qualified and the electionof president and clerk shall occur thereafter at thefirst meeting of such board after the second Mondayin January following each general election.

SEC. 5. The clerk of .such county school district Clerk tonotify super-

shall within ten days after the organization of the intendent.

district by the election of president and clerk, notifythe county superintendent of the organization ofsaid district and the county superintendent shall alsowithin ten days after receiving notice of the organ-ization of the district, notify the county treasurerand county auditor of the fact of its organization,together with the names of the directors and clerk.

SEc. 6. From and after the completion of the Powers andduties of

organization of such county school district the di- directorsand clerk.rectors and clerk shall exercise all the powers andperform all the duties of like officers for school dis-tricts of the second class except insofar as may beotherwise provided in this act.

SEC. 7. All schools being conducted at the time Existingschools to

of the completion of the organization of such county continue.

school district shall continue to be conducted by theschool district having supervision thereof until the

CH. 187.] 491

SESSION LAWS, 1929.

close of the current fiscal year and from and afterthe close of such current fiscal year all schools insuch county shall be conducted by such county schooldistrict and not otherwise.

SEC. 8. Immediately upon the completion of thePowers of organization of the county school district, such dis-district. trict may proceed to acquire property and equip-

ment necessary for the conduct of schools in suchcounty, from and after the beginning of the next

Laws relat- fiscal year. All laws relating to consolidated schooling to con-solidated districts shall apply to such county school districtsdistricts togovern. except where inconsistent with the other provisions

of this act.SEC. 9. The board of directors of such county

County su- school district shall appoint a superintendent atperintendent. such salary as they may fix and the elective county

superintendent shall be eligible to such appointment.Columbia SEC. 10. This act shall not apply to any countyRiverdistrict. bordering on the Columbia River.


CHAPTER 188.[H. B. 373.]

PERMANENT HIGHWAYS.

AN ACT relating to public highways, and amending Section 6781of Remington's Compiled Statutes, and declaring that thisact shall take effect immediately.


SECTION 1. That section 6781 of Remington'sAmends Compiled Statutes, as amended by section 2 of chap-§ 6781, Rem. Cmia mne etoComp. Stat. ter 217 of the Laws of 1927, be amended to read as

follows:

492 [CH. 188.

SESSION LAWS, 1929.

Section 6781. When the board of county com-missioners shall have finally adopted the profiles,maps, plans and specifications for the improvementof any permanent highway under the provisions of Advetising

this act, said board shall advertise for bids for threesuccessive weeks in a newspaper published at thecounty seat of such county, and if it deem advisable,in such other newspaper as it shall determine, forthe construction and improvement of such perma-nent highway, or section thereof, according to suchprofiles, maps, plans and specifications, and shallaward the contract to the lowest responsible bidder, Lowest

save that the board shall have the right to rejectany and all bids. All contracts shall be on a form tobe approved by the state highway engineer and shallbe let on the lump sum, or unit price basis. Before contracts,

lump sum.entering into any contract for such construction or unit price.

improvement, it shall require a corporate surety Surety bond.

bond in the full amount of the contracts, or, if thecontract is to be awarded upon a unit price basis,in the full amount of the total cost of said work, asdetermined by unit prices bid and the estimatedquantities, conditioned that the party thereto willperform the work upon the terms, within thetime, and in accordance with the contract, profiles,maps, plans and specifications, and that such partywill indemnify the county against any direct or in-direct damages that shall be suffered or claimed forinjuries to persons or property during the construc-tion and improvement of such highway and untilthe same is accepted. Each bid shall be accompaniedby a certified check in a sum equal to five per cent Certified

check withof the amount of such bid if upon a lump sum basis, bid.

and if upon the unit price basis, five per cent of thetotal cost as determined by the unit prices and theestimated quantities, payable to the county, whichshall be forfeited to the county upon the failure ofthe party, for a period of twenty days after any con-

CH. 188.] 493

SESSION LAWS, 1929.

tract is awarded to any such party, to enter into aproper contract and furnish satisfactory bonds asrequired by this act. The contract shall provide for

Payment payment and reserve from moneys earned in ac-and reserve. cordance with the provisions of chapter 166, Laws of

1921. No final payment shall be made until the stateFinal highway engineer shall have examined the work orpayment. caused the same to be examined and certify to the

state auditor that such work has been fully com-pleted in accordance with the contract and the pro-files, maps, plans and specifications governing such

State pay- work. All payments to be made by the state uponments madeby state contracts, entered into in accordance with the pro-treasurer. visions of this act shall be made by the state treas-

urer from the permanent highway fund hereinaftercreated, upon the warrant of the state auditor is-sued upon the presentation of proper vouchers bythe person entitled thereto, said vouchers to be ap-proved by the board of county commissioners, andthe state highway engineer, and, in case of final pay-ment, to be accompanied by the certificate of thestate highway engineer as aforesaid.

Payments on such contracts may be made fromFunds for the permanent highway fund in conjunction withpayment.pe infudicojnto vLI

money from the county road and bridge fund, orfrom the road district fund of any road district inwhich the improvement or any part thereof is lo-cated, or any fund created by donation and placed inpossession of the county treasurer as a trust fund,for the expenditure in connection with such improve-ment. Whenever any such funds are to be used inconjunction with the permanent highway fund inpaying for such improvement, the county commis-

F'unds set sioners shall adopt a resolution to that effect, and.aside.shall set aside in such funds the amount to be ex-pended from said funds on such contract, and suchfunds so set aside shall be held and expended forthat purpose and shall not be otherwise expended

494 [CH. 188.

SESSION LAWS, 1929.

or used until the completion of the work and finalpayment on such contract. All payments from countyfunds, or from funds donated and placed in the pos- County

paymentssession of the county treasurer shall be by the made by

countycounty treasurer upon warrants drawn by the county treasurer.

auditor, upon presentation of proper vouchers, ap-proved by the board of county commissioners, andthe state highway engineer.

The state auditor shall issue no warrant for No warrantunless funds.

any purpose against the permanent highway fundhereinafter provided for unless there be sufficientmoney to pay such warrant in such fund to the creditof the county affected. No changes or additions, orpayments therefor, shall be made during the prog-ress of the work, unless the same shall have beenapproved by the board of county commissioners byresolution, and a copy of said resolution shall havebeen transmitted to and approved by the state high-way engineer. The board of county commissionersshall let no contract for the improvement of any No contract

for lesspermanent highway or section thereof less than one than one

mile.mile in length: Provided, That any highway, orany portion thereof, of less than one mile in lengthmay be constructed under the provisions of this actwhenever said highway, or portion thereof, willconnect two highways, or portions thereof, pre-viously constructed under the provisions of this act,or highways, or portions thereof, of the same typeand standard of construction as highways con-structed under this act. Whenever any permanenthighway shall be improved or constructed pursuantto a petition as provided for in section 6774, the pro-portion of the cost of such improvement chargeableto the property within the improvement district shallbe paid out of the general road and bridge fund of Payments

from generalthe county, and all taxes assessed against abutting rad and

property under the provisions of the following sec-tion, and all moneys payable by any township, shall,

CH. 189.] 495

SESSION LAWS, 1929.

when collected, be paid into said general road andbridge fund. All payments made from the general

Payment by road and bridge fund upon contracts entered intotreasureron warrants in accordance with the provisions of this act, shall beof auditor.

made by the county treasurer upon warrants of thecounty auditor, issued upon the presentation ofproper vouchers, approved by the board of countycommissioners and the state highway engineer.

Unit price Whenever any contract is awarded upon the unitbasis, 10%

adeitiodea price basis, an additional sum equal to ten per centof the amount of the contract as determined by theunit prices bid and estimated quantities shall beset aside in the permanent highway fund to thecredit of the county or may be obligated by thecounty from the county general road and bridgefund and/or road district fund available for suchpurpose, and shall not be available for use of suchcounty except for the payment of extras and over-runs on such contract, until after the completionof the work and final payment on such contract.

Extras and All extras and overruns in excess of such percent-overruns.

age shall be approved by the board of county com-missioners before the performance of such excesswork. If the amount of such excess exceeds themoneys available in the permanent highway fundto the credit of the county, such excess shall be paidfrom county funds as herein provided.

SEc. 2. This -act is necessary for the supportmedim of the state government and shall take effect

immediately.


496 [CH. 188.

SESSION LAWS, 1929.

CHAPTER 189.[H. B. 416.]

COUNTY ROAD DISTRICTS.

AN ACT relating to road districts and amending Section 2 ofChapter 184 of the Laws of the Extraordinary Session of 1925.



Laws of the Extraordinary Session of 1925, be w Eo

amended to read as follows: 1925.

Section 2. Boards of county commissioners county com-I~SSIOllers

shall, but not more than once in each year, form to form

their respective counties, or any part thereof, intosuitable and convenient road districts, not exceedingnine in number, and cause a description thereof tobe entered upon their records: Provided, That un-less the board shall decide otherwise by unanimousvote, there shall be at least one road district ineach county commissioner's district embracing ter-ritory outside of incorporated cities and towns, andno road district shall extend into more than onecounty commissioner's district, and each countycommissioner, with the advice and assistance of thecounty engineer, shall prepare and file with thecounty auditor on or before the second Monday inAugust in each year, the detailed and itemizedestimates of all expenditures required in each roaddistrict in his commissioner's district for the en-suing fiscal year, as provided by law.


OH. 188.] 497

SESSION LAWS, 1929.

CHAPTER 190.[H. B. 438.]

DEALERS' MOTOR VEHICLE LICENSE PLATES.

AN ACT relating to motor vehicles and regulating the operationthereof upon the highways and amending Section 6321 ofRemington's Compiled Statutes of Washington.


SECTION 1. That section 6321 of Remington'sAmends Compiled Statutes of Washington be amended .to§ 6321, Rem,.e fbComp. Stat, read as follows:

Section 6321. A dealer's license and a pair ofdistinctive number plates shall be issued to an actualdealer for any and all motor vehicles owned, handled,or dealt in by him and for the fees hereinafterspecified, but shall not be used upon any motorvehicle while the same is being operated for hire;Provided, That nothing in this section shall be con-strued to prohibit the use of a motor vehicle ofunder one ton capacity. from rendering assistanceto, or transporting necessary supplies to a motorvehicle which has become disabled.

Such number plates, or duplicates thereof, shallbe displayed on every motor vehicle by such dealerwhenever the same is operated or driven upon anypublic highway in this state: Provided, That when-ever a dealer shall maintain a branch or sub-agency,he shall apply for a separate registration for suchbranch, or sub-agency, and shall pay therefor thefee hereinafter provided for an original dealer'slicense: Provided, further, neither the dealer'slicense nor dealer's plates shall be used upon anymotor vehicle for the transportation of any produce,freight or commodity for a longer period thanseventy-two (72) hours, unless the same is for the

498 [CHI. 190.

SESSION LAWS, 1929.

actual use of the dealer owning the vehicle so trans-porting such produce, commodity or freight.


CHAPTER 191.[H. B. 429.]

AMENDMENT TO CONSTITUTION WITH RESPECT TOTAXATION.

AN ACT to amend Article VII of the Constitution of the State ofWashington relating to revenue and taxation by strikingSections 1, 2, 3 and 4 thereof and inserting in lieu thereof anew section to be known as section 1.


SECTION 1. That at the general election to be Generalelection

held in this state on the Tuesday next succeeding November,

the first Monday in November, 1930, there shall besubmitted to the qualified electors of this state fortheir adoption and approval an amendment toArticle VII of the Constitution of the State of Wash- Article VII

of onstitu-ington, by striking from said Article VII all of section,

tions 1, 2, 3 and 4 and inserting in lieu thereof thefollowing, to be known as section 1:

Section 1. The power of taxation shall never be Amendment

suspended, surrendered or contracted away. All proposed.

taxes shall be uniform upon the same class of prop-erty within the territorial limits of the authoritylevying the tax and shall be levied and collectedfor public purposes only. The word "property"as used herein shall mean and include everything,whether tangible or intangible, subject to ownership.All real estate shall constitute one class: Provided,That the Legislature may tax mines and mineral

CH. 191.] 499)

SESSION LAWS, 1929.

resources and lands devoted to reforestation byeither a yield tax or an ad valorem tax at such rateas it may fix, or by both. Such property as theLegislature may by general laws provide shall beexempt from taxation. Property of the UnitedStates and of the state, counties, school districtsand other municipal corporations, and credits se-cured by property actually taxed in this state, notexceeding in value the value of such property, shallbe exempt from taxation. The Legislature shallhave power, by appropriate legislation, to exemptpersonal property to the amount of three hundred($300.00) dollars for each head of a family liableto assessment and taxation under the provisions ofthe laws of this state of which the individual is theactual bona fide owner.

Passed the House March 14, 1929.Passed the Senate March 14, 1929.Signature of Governor not required.J. Grant Hinkle, Secretary of State.

CHAPTER 192.[S. B. 154.]

INVESTMENT OF FUNDS OF FIRST CLASS CITIES.

AN ACT relating to the investment of funds of cities of the firstclass.


SECTION 1. That there be, and is hereby, createdBoard in all cities of the first class a board of investment,created. composed of the mayor, comptroller, or auditor, or

if there be no comptroller, or auditor, then the cityclerk, and the city treasurer.

Mayor, SEC. 2. That the mayor shall be chairman ofchairman.

said board and it shall be his duty to preside at the,

[CH. 192.500


meetings thereof, provided that in the absence ofthe mayor the treasurer shall act as such chairman;and it shall be the duty of the comptroller, or cityclerk, to act as secretary of said board and keep arecord of the minutes and transactions thereof andto certify to the city council any matters upon whichit may be necessary for the council to act.

SEC. 3. Meetings of said board may be called Meetings.

at any time by any member thereof by notificationin writing to the remaining members of said boardof the time and place of such meeting.

SEC. 4. Said board is hereby authorized, upon Authorized

the majority vote of its members and with the con-sent by resolution of the city council, from timeto time to invest not to exceed fifty per cent (50o)of the cash then on hand in the treasury of suchcity in United States government bonds, or UnitedStates certificates of indebtedness; Provided, Thatthe city council may at any time by resolution au-thorize the conversion of such securities, or any partthereof, into cash.


CHAPTER 193.[S. S. B. 193.]

PAYMENT OF ASSESSMENTS AGAINST COUNTY LANDS.

AN ACT relating to taxation; and providing for payment by coun-ties of assessments against county lands in certain cases.

Be it enacted by the Legislature. of the State ofWashington:

SECTION 1. The county commissioners of any Annual. tax levy.

county may annually levy a tax, in such amount asin their judgment they may deem necessary or ad-visable, but not to exceed the rate set forth in section

Cu. 193.]

SESSION LAWS, 1929.

"County 3 hereof, upon all taxable property in such county,Lands

Fund. for the purpose of creating a fund to be known as"County Lands Assessment Fund."

SEC. 2. Such fund may be expended by suchDrainage or county commissioners to pay in full or in part, anydiking im- isaletprovement assessments or installments of assessments of drain-sessments. age improvement districts, diking improvement dis-

tricts, or districts formed for the foregoing pur-poses, or assessments for road improvements, fall-ing due against lands in the year when said landsare acquired by the county or while the same areowned by the county, including lands acquired bythe county for general purposes, also lands whichhave been acquired by the county by foreclosure ofgeneral taxes. Payment may be made of suchassessments, or installments thereof, against suchlands or classes of lands, and in such districts orclasses of districts as the county commissionersshall, in their discretion, deem advisable. No pay-ment shall be made of any assessments or install-ments of assessments falling due prior to the yearin which such lands were acquired by the county,nor shall any assessments be paid in advance of

Maintenance the time when they fall due. Assessments for main-of dikes,drains, etc. tenance and operation of such dikes, drains, or other

improvements of such districts falling due uponsuch lands while owned by the county, may be paidwithout payment of assessments or installmentsthereof for construction of the said improvements,if the county commissioners elect so to do.

SEC. 3. The amount of such levy in any yearAmount shall not exceed the estimated amount needed over

levy, and above all moneys on hand in the said countylands assessment fund, to pay the aggregate amountof such assessments falling due against such landsin the ensuing year; and in no event shall the sameexceed one-half of one mill upon all taxable prop-erty in the county.

502 [CH. 193.

SESSION LAWS, 1929.

SEC. 4. Into said county lands assessment fund Surplus from

shall also be paid any surplus moneys from the sale lands.

by the county, pursuant to foreclosure of real estatetaxes, of any lands lying in any district of the typesnamed in section 2 hereof, over and above theamount necessary to redeem the general taxes andother assessments against the same, as required bylaw. Any surplus from any county levy for saidfund, unexpended in any year, shall be carried for-ward in said fund to the next year.

SEC. 5. It shall be the duty of the county treas- Countytreasurer

urer of any county to furnish upon request of the to furnish

county commissioners on or before the first day of couty

May of each year, or/and at any other date thatmay be found advisable, to the county commis-sioners, a list of all lands owned by the county, to-gether with the amounts levied as assessments andthe district in or by which such assessment is levied,against each description of said lands, as it appearson the assessment roll of the district. Also on orbefore the first day of August of each year he shallfurnish to said county commissioners a similar listof all land owned by the county and subject to anysuch assessments, together with the amounts of anyinstallment of assessments falling due against anyof said lands in the ensuing year upon request ofthe county commissioners and an estimate of anymaintenance or other assessments to be made againstsame, to fall due in the ensuing year: also an es-timate of the amount of assessments to fall due inthe ensuing year against lands that will be acquiredby the county in such year.

SEC. 6. Moneys received as rentals of irrigated Rentals

lands, may be applied to the payment of current ir- landst

rigation charges or assessments against the same.Passed the Senate February 28, 1929.Passed the House March 12, 1929.Approved by the Governor March 21, 1929.

OH. 193.] 503

SESSION LAWS, 1929.

CHAPTER 194.[S. B. 52.]

FISHERIES.

AN ACT relating to Fisheries and amending Section 5683 of Rem-ington's Compiled Statutes.

Be it enacted by the Legislature of the Starte ofWashington:

Amends SECTION 1. That section 5683 of Remington's§ 5683 , Rem.Comp. stat. Compiled Statutes of Washington, 1922, be amended

to read as follows:Section 5683. No lead of any pound-net, trap,

Lead of fish-wheel, or other fixed appliance used for catch-proaund-nt ing salmon in the Columbia River and its tributaries,wheel.

. Willapa Harbor and its tributaries, and Grays Har-800 feet bor and its tributaries shall exceed eight hundredend pas-sage-way. feet in length, and there shall be an end passage-wayLateral pas- of at least thirty feet and a lateral passage-way ofsage-way. at least nine hundred feet between all such pound-

nets, traps, fish-wheels, or other fixed appliances.The lead of any pound-net or trap may be extendedto high-water mark only on the, tide lands ownedby the state, providing such extension does not ex-ceed the length provided in this act. Should thelocator or owner neglect to construct his appliancesfor four consecutive years covered by this license,said location shall be deemed abandoned.


504 [CH. 194.

SESSION LAWS, 1929.

CHAPTER 195.[S. B. 99.]

PIERCE'S CODE.

AN ACT to adopt Pierce's Washington Code as an official compila-tion, and providing for citations.


SECTION 1. The compilation of the laws of the Adopted asofficial

State of Washington by Frank Pierce, known as compilation.

Pierce's Code, is hereby adopted as an official com-pilation of existing statutes up to and including thelaws of 1929.

SEC. 2. It shall be proper for the Legislature, Citationauthorized.

in amending or repealing existing statutes, or forthe courts and public officials in referring to existingstatutes, to refer to or cite Pierce's Code containingsuch law. In all official publications of the statewherein the laws are cited, the said code and futuresupplements, may be cited or paralleled.

SEC. 3. The secretary of state is hereby au- Secretary ofstate to

thorized and directed to certify the laws of 1929, certify.

and combine in said certificate the laws of 1921,1923, 1925, 1925 Extraordinary Session, and 1927heretofore certified, as a part of said compilation.


CH. 195.] 505

SESSION LAWS, 1929.

CHAPTER 196.[S. B. 147.)

INDEBTEDNESS OF MUNICIPAL STREET RAILWAY.

AN ACT relating to certain existing indebtedness of municipallyowned street railway utilities to municipally owned electriclight and power utilities in cities of first class having a popu-lation of less than three hundred thousand; and providing amethod for the cancellation of such indebtedness.


SECTION 1. Whenever in any city of the firstFist w class, having a population of less than three hundredless than thuao,000. thousand and owning and operating both a street

railway and an electric light and power utility pur-suant to the provisions of section 9488 of Reming-ton's Compiled Statutes of Washington, there has,during the period of the world war and for thepurpose of making extensions and betterments ofand additions to such street railway utility to en-able service to be rendered to a ship yard or yards

Loan. engaged in government wartime activities, beenadvanced or loaned to such street railway utilityfunds of such electric light and power utility throughthe purchase by such electric light and power utilityof the revenue bonds of such street railway utilityin an amount not to exceed three hundred and fifty

Purchase thousand ($350,000.00) dollars, and following suchofbondsnot to war the fair value of the assets of such street rail-'exceed$o50,000. way utility have decreased in an amount in excess

of such advance or loan and the unpaid interest ac-.crued thereon, the city council of such city may

Ordinance provide by ordinance for the cancellation of suchfor cancel-lation. indebtedness. Any such ordinance shall be sub-

mitted to the qualified voters of such city at the nextSubmitted regular municipal election for their approval andto voters.

adoption or rejection, and if a majority of those

506 [CH. 196.

CH. 197.] SESSION LAWS, 1929. 507

voting upon said proposition shall vote for the adop-tion and approval of such ordinance, such indebted-ness shall thereupon in all respects be cancelled.


CHAPTER 197.ES. B. 175.]

WARRANTY DEEDS FOR SALE OF COUNTY REAL ESTATE.

AN ACT authorizing and directing counties to give warranty deedsin all cases of re-sale of real estate owned by the county onwhich title has been quieted under the provisions of Chapter171 of the Laws of the Extraordinary Session of 1925, andlimiting the amount of recovery for breach of warranty.


SECTION 1. That in all cases where any county euteperfected

of the State of Washington has perfected title to under Gh.

real estate owned by such county, under the pro- soxi 219

visions of chapter 171 of the Laws of the Extra-ordinary Session of 1925, and re-sells the same orpart thereof, it shall give to the purchaser a war- Sale.

ranty deed in substantially the following form:

STATE OF WASHINGTON .SS Form of

C ounty of ........................................... wiarranty

This indenture, made this..................day of.......19., between.......... as treasurer of...... .............county, State of Washington, the party of the firstpart, and............................................., party of the second part.

WITNESSETH, THAT WHEREAS, at a public sale ofreal property, held on the............day of ................... A. I.19............, pursuant to an order of the board of countycommissioners of the county of...................................., Stateof Washington, duly made and entered, and afterhaving first given due notice of the time and place

and terms of said sale, and, whereas, in pursuanceof said order of the said board of county commis-sioners, and of the laws of the State of Washington,and for and in consideration of the sum of........................dollars, lawful money of the United States ofAmerica, to me in hand paid, the receipt whereofis hereby acknowledged, I have this day sold to............

.................... the following described real property, andwhich said real property is the property of .......................................... county, and which is particularly describedas follows, to-wit:

..................................................... , th e s a id .......... ...........................................being the highest and best bidder at said sale, andthe said sum being the highest and best sum bid atsaid sale:

Now THEREFORE KNOW YE that I,.......................................county treasurer of said county of ......................State of Washington, in consideration of the prem-ises and by virtue of the statutes of the State ofWashington, in such cases made and provided, dohereby grant, convey and warrant on behalf of................................. ............. county unto .............. his heirsand assigns, forever, the said real property herein-before described.

Given under my hand and seal of office this..........day of...........A. D., 19............

County Treasurer.B y .......................................................................

Deputy.SEc. 2. No recovery for breach of warranty

Recovery shall be had, against the county executing a deedfor breach.

under the provisions of the preceding section, inexcess of the purchase price of the land describedin such deed, with interest at the legal rate.

Passed the Senate February 25, 1929.Passed the House March 11, 1929. .Approved by the Governor March 21, 1929.

508 SESSION LAWS, 1929. [Cii. 197,

SESSION LAWS, 1929.

CHAPTER 198.[S. B. 192.]

DOGS.

AN ACT relating to dogs, providing for the assessment and col-lection of annual taxes thereon, and expenditures thereof,fixing the liability of the owners or keepers thereof for dam-ages caused thereby, defining the powers and duties of cer-tain officers in relation thereto and providing penalties forviolation thereof, and repealing certain acts relating thereto.


SECTION 1. It shall be the duty of each county County andtownship

and township assessor annually, at the time of assoto list dogs.assessing personal property, to make a list of allpersons who own or keep a dog or dogs outside of thecorporate limits of any city of the first, second orthird class, and to set opposite the name of eachowner or keeper the number of dogs owned or kept,stating whether male, sterilized female, or unster- Tax

assessed.ilized female, and to assess against every such owneror keeper a license tax as follows:For each male dog.................................... $1 00 Schedule.For each sterilized female dog........................... 1 00For each unsterilized female dog .......................... 2 50

Provided, That for dogs kept in kennels for Breedingkennels.

breeding, sale or sporting purposes an individuallicense tax shall not be assessed, but the owner orkeeper of such kennel shall be assessed a kennellicense fee as follows:For 20 dogs, or less...................................$10 00 Tax.For each additional 20 dogs, or fraction thereof ........... .5 00

SEC. 2. It shall be the duty of the county or teasurer

township assessor to turn over the list provided for to collect.

in the preceding section to the county treasurer forcollection of the taxes above provided for. Uponthe payment of the license tax upon any dog or ken-nel the county treasurer shall deliver to the owner

CH. 198.] 509

SESSION LAWS, 1929.

License or o enro uh1tag nor or keeper of such dog or kennel a license, and apayment. metallic tag for each dog taxed and licensed or keptContents of in such kennel. The license shall be dated andlicense.

numbered and shall bear the name of the county is-suing it, the name and address of the owner of thedog or kennel licensed, and if a dog license, a de-scription of the dog including its breed, age, colorand markings; and if a kennel license, a descriptionof the breed, number and ages of the dogs kept in

contents. such kennel. The metallic tag shall bear the nameof the county issuing it, a serial number correspond-ing with the number on the license, and the calendar

Dog collar. year in which it is issued. It shall be the duty ofevery owner or keeper of a dog to keep a substantialcollar on the dog and attached firmly thereto thelicense tag for the current year.

SEc. 3. Any person becoming the owner of afop catin dog or kennel after the assessment has been returnedor tags. by the assessor and any owner of a dog or kennel

which for any reason the assessor has failed toassess, may at any time apply to the county treas-urer, and upon the payment of the required feeprocure a license and a metallic tag or tags.

If any person whose name appears upon the listFailure topay tax, prepared by the county and township assessor as

above provided shall fail to pay the license tax tothe county treasurer on or before the first day ofAugust in which the list is made, it shall be the dutyof the county treasurer to proceed to collect thedelinquent license taxes in the manner provided bylaw for collection of delinquent personal propertytaxes.

SEc. 4. All license taxes collected in accordancecoeuntr' with the provisions of this act shall be placed in a

Fund." separate fund in the office of the county treasurer

Owner liable to be known as the "county dog license tax fund."for animals .. Tekee n hl

illed or SEC. 5. The owner or keeper of any dog shallred by liable to the owner of any animal killed or injured

510 [CH. 198.

C. 198.] SESSION LAWS, 1929. 511

by such dog for the amount of damages sustainedand costs of collection, to be recovered in a civilaction: Provided, That in case the owner or keeper Unknown

owner ofof such dog or dogs is unknown or the damages can dog, claim

for damagesnot be collected, the person suffering damages may ied with

present a claim for such damages to a justice of the peace.

the peace of the county in which he resides withinnot more than forty (40) days after any such an-imal or animals are killed or injured and make affi-davit, stating the number of such animals killed orinjured, the amount of the damages and the nameof the owner of the dog or dogs, if known. Thedamages shall be proven by not less than two wit-nesses who shall be freeholders of the county. Jus-tices of the peace are hereby required to administeroaths in such cases and shall issue and file with thecounty treasurer a certificate stating the amount ofdamages sustained. Such damages allowed in noevent shall exceed the following amounts:

UNREGISTERED ANIMALS OR UNACCREDITED POULTRY. Scheduleof damages

Per Head allowable.

For sheep or goats killed or injured...................... $12 50For cattle killed or injured.............................. 50 00For horses or mules killed or injured.................... 75 00For turkeys killed or injured............................ 4 00For other poultry killed or injured ...................... 1 50For swine killed or injured.............................. 12 50For rabbits killed or injured............................. 1 50

REGISTERED ANIMALS OR ACCREDITED POULTRY.

For sheep or goats killed or injured..................... $25 00For cattle killed or injured ........................... 100 00For horses or mules killed or injured.................... 150 00For turkeys killed or injured............................ 8 00For other poultry killed or injured ...................... 3 00For swine killed or injured.............................. 25 00For rabbits killed or injured ............................ 3 00

Upon the filing with the county treasurer of the Treasurerto pay

certificate of the justice of the peace fixing the claim.

damages as above provided, the treasurer shall payto the claimant out of the county dog license tax

SESSION LAWS, 1929.

fund the amount of damages sustained as certifiedby the justice of the peace.

SEC. 6. It shall be lawful for any person whoLawful to shall see any dog or dogs chasing, biting, injuringkill dog inceran or killing any sheep, swine or other domestic animal,

including poultry, belonging to such person, on anyreal property owned or leased by, or under the con-trol of, such person, or on any public highway, tokill such dog or dogs, and it shall be the duty ofthe owner or keeper of any dog or dogs so foundchasing, biting or injuring any domestic animal, in-cluding poultry, upon being notified of that fact bythe owner of such domestic animals or poultry, tothereafter keep such dog or dogs in leash or con-fined upon the premises of the owner or keeperthereof, and in case any such owner or keeper of adog or dogs shall fail or neglect to comply with theprovisions of this section, it shall be lawful for theowner of such domestic animals or poultry to killsuch dog or dogs found running at large.

SEc. 7. It shall be the duty of any person own-

Duto ing or keeping any dog or dogs which shall be foundkill dogs

ertan killing any domestic animal to kill such dog or dogscases. within forty-eight hours after being notified of that

fact, and any person failing or neglecting to complywith the provisions of this section shall be deemedguilty of a misdemeanor, and it shall be the duty of

Sheriff to the sheriff or any deputy sheriff to kill any dogkill dogs

urning at found running at large (after the first day of Augustwithout tag. of any year and before the first day of March in

the following year) without a metal identificationtag.

SEc. 8. On the first day of March of each yearExcess of all moneys in the county dog license tax fund incounty doglicense tax excess of five hundred dollars ($500.00) shall be byfund trans-ferred. the county treasurer transferred and credited to the

current expense fund of the county.

51.2 [Cn. 198.

SESSION LAWS, 1929.

SEc. 9. Any person or officer who shall refuse eon or

to comply with or enforce any of the provisions of failingth

this act shall be deemed guilty of a misdemeanor. a uitydemeanor.

SEC. 10. The county treasurer shall allow twodollars ($2.00) for each witness and two dollars Allowance

for wit-($2.00) to a justice of the peace for each certificate nesses and

of damage filed which shall be paid out of the fundcreated by this act.

SEC. 11. That chapter 6 of the Laws of 1919, Statutes

pages 27 to 30, and section 2 of chapter 89 of theLaws of 1923, page 258, (sections 8304 to 8306 ofRemington's Compiled Statutes) are hereby re-pealed.


CHAPTER 199.[S. S. B. 59.]

ASSESSMENT AND TAXATION OF PROPERTY.

AN ACT relating to the assessment and taxation of property incertain cases, and to sales thereof for delinquent taxes.


SECTION 1. Easements and the property con- Easementsowned by

structed upon or occupying such easements owned public serv-ice corpora-

by public service corporations shall be assessed and tions.

taxed together as personal property and the taxesthereon shall be collected as personal property taxes.

SEC. 2. Real estate subject to any such easement Real estate.

shall be assessed and taxed as real estate subjectto such easement.

SEC. 3. When any such real estate is sold for Real estatesold subject

delinquent taxes thereon it shall be sold subject to toease--17

CH. 199.3 513

such easement, and the purchaser at any such tax* sale shall acquire no title to such easement or theproperty constructed upon or occupying the same.

SEC. 4. Real estate subject to any such easement

nea toe tate shall not be chargeable with any tax levied uponsold fornon-payment such easement or the property constructed upon orof ease-oentax. occupying such easement and shall not be sold for

the non-payment of any such tax.Railroads SEC. 5. This act shall not apply to railroad ease-excepted.

ments or property.


CHAPTER 200.[S. B. 92.]

INTOXICATING LIQUOR.

AN ACT relating to the sale of intoxicating liquor and providingpenalties for violation thereof.


SECTION 1. Every person who shall sell any in-toxicating liquor to any minor shall be guilty of a

Sale to flnminor, felony. The provisions and penalties of this actfelony. are independent of those of section 7328, Reming-

ton's Compiled Statutes, being section 11, chapter19, Laws of 1917, page 60, relating to the offensesof "jointist" and "bootlegger" which shall remainin full force and effect.


514 SESSION LAWS, 1929. [CH. 200.


CHAPTER 201.[H. B. 152.)

REINSTATEMENT OF RICHARD STROBACH CONTRACTFOR STATE LANDS.

AN ACT authorizing the reinstatement of a certain contract forthe purchase of state lands and declaring that this act shalltake effect immediately.


SECTION 1. That upon the payment within ninety Upon pay-mento

(90) days after the taking effect of this act to the delintquentinstallments

commissioner of public lands of two delinquent an- contract tobe re-in-

nual installments together with the interest on de- stated.

ferred payments for the years 1927, 1928 and 1929,under the terms of that certain contract number8131 for the sale of the northwest one-fourth of thenortheast one-fourth of section 36, township 13north, range 17 east, made and entered into betweenthe State of Washington, by the commissioner ofpublic lands, and Richard Strobach on to-wit, the7th day of September, 1912, and forfeited and can-celled by the commissioner of public lands, for thenon-payment of installments, on to-wit, the 16th dayof September, 1927, the commissioner of public landsshall be, and he is hereby authorized and directedto reinstate said contract.

SEc. 2. This act is necessary for the support of E -i.

the state government and its existing institutionsand shall take effect immediately.


Oni. 201.]

SESSION LAWS, 1929.

CHAPTER 202.[H. B. 106.3

INHERITANCE TAX ON PERSONAL PROPERTY OFNON-RESIDENTS.

AN ACT concerning taxes on the transfer of personal property ofnon-residents and to make uniform the laws of the stateswith reference thereto.


SECTION 1. The tax imposed by chapter VIIITax exempt of Title LXXVIII of Remington's Compiled Stat-in certaincases. utes, and chapter VIII of Title LXXVIII of Rem-

ington's Compiled Statutes, 1927 Supplement, in re-spect of personal property (except tangible personalproperty having an actual situs in this state) shallnot be payable (1). if the transferor is a residentof a state or territory of ,the United .States whichat the time of the transfer did not impose a transfertax or death tax of any character in respect of per-sonal property of residents of this state (excepttangible personal property having an actual situs insuch state or territory) or (2) if the laws of thestate or territory of residence of the transferor atthe time of the transfer contained a reciprocal pro-vision under which non-residents were exemptedfrom transfer taxes or death taxes of every char-acter in respect of personal property (except tang-ible personal property having an actual situstherein) provided the state or territory of residenceof such non-residents allowed a similar exemptionto residents of the state or territory of residence ofsuch transferor. For the purposes of this sectionthe District of Columbia, Porto Rico and the Philip-pine Islands shall be considered territories of theUnited States.

Tax paid SEC. 2. When the inheritance tax and escheatselsewhere,credit here, division is determining inheritance tax, in the man-

516 [CH. 202.

SESSION LAWS, 1929.

ner provided by law, on the succession to propertyfrom a decedent citizen resident of this state, if itis made to appear that an inheritance or successiontax has been assessed and paid in any other state,territory, district or possession of the United States,or foreign country on the succession to any partof such property of such estate located in or underthe jurisdiction of this state, the court shall allowthe successor by whom such inheritance tax has beenpaid, a credit of the amount so paid by him or inhis behalf in such other state, territory, district orpossession of the United States, or foreign countryon that particular property, this credit to be appliedon the tax assessed under the laws of this state,upon that particular property. Provided, however,That the amount of such credit so allowed shall inno case exceed the amount assessed or paid in thisstate on the succession of such successor in the saidparticular property so subject to inheritance taxelsewhere.

SEc. 3. This act shall be so interpreted and con- construction.

strued as to effectuate its general purpose to makeuniform the law of those states which enact it.

SEC. 4. That in case this act or any part thereof If any partUnconstitu-

shall be held unconstitutional, such holding shall tinatnotto

only apply to this act or a part thereof and shall not balance.

apply to any other act.


CH. 202.] 517

SESSION LAWS, 1929.

CHAPTER 203.[H. B. 165.]

COLLECTION AND PAYMENT OF BANK CHECKS.

AN ACT to expedite and simplify the collection and payment bybanks of checks and other instruments for the payment ofmoney.


SECTION 1. That for the purposes of this act:(a) Bank. The term "bank" shall include any

Definitions~ person, firm or corporation engaged in the businessof receiving and paying deposits of money within

"Bank" this state. A branch or office of any such bank shallbe deemed a bank for the purpose of this act.

(b) Item. The term "item" means any check,"Item." note or other instrument providing for the payment

of money.

SEc. 2. Except as otherwise provided by agree-Deposited ment and except as to subsequent holders of a nego-for collec-tion, bank tiable instrument payable to bearer or indorsedis agent ofdepositor. specially or in blank, where an item is deposited or

received for collection, the bank of deposit shall beagent of the depositor for its collection and each sub-sequent collecting bank shall be sub-agent of the de-positor but shall be authorized to follow the in-structions of its immediate forwarding bank andany credit given by any such agent or sub-agentbank therefor shall be revocable until such time asthe proceeds are received in actual money or an un-conditional credit given on the books of anotherbank, which such agent has requested or accepted.Where any such bank allows any revocable creditfor an item to be withdrawn, such agency relationshall nevertheless continue except the bank shallhave all the rights of an owner thereof against prior

518 [Cnr. 203.

SESSION LAWS, 1929.

and subsequent parties to the extent of the amountwithdrawn.

SEc. 3. A credit given by a bank for an item Creditprovisional.

drawn on or payable at such bank shall be pro-visional, subject to revocation at or before the end ofthe day on which the item is deposited in the eventthe item is found not payable for any reason. When-ever a credit is given for an item deposited afterbanking hours such right of revocation may beexercised during the following business day.

SEC. 4. An indorsement of an item by the payee Indorse-Inent "for

or other depositor "for deposit" shall be deemed a deposit."

restrictive indorsement and indicate that the in-dorsee bank is an agent for collection and not ownerof the item.

An indorsement "pay any bank or banker" or "ray anybank or

having equivalent words shall be deemed a restric- banker."

tive indorsement and shall indicate the creation ofan agency relation in any subsequent bank to whomthe paper is forwarded unless coupled with wordsindicating the creation of a trustee relationship; andsuch indorsement or other restrictive indorsementwhether creating an agency or trustee relationshipshall constitute a guaranty by the endorser to allsubsequent holders and to the drawee or payor ofthe genuineness of and the authority to make priorindorsements and also to save the drawee or payorharmless in the event any prior indorsement ap-pearing thereon is defective or irregular in any re-spect unless such indorsement is coupled with ap-propriate words disclaiming such liability as guar-antor.

Where a deposited item is payable to bearer or Payable tobearer

indorsed by the depositor in blank or by special indorsed inblank, or

indorsement, the fact that such item is so payable specially.

or indorsed shall not change the relation of agentof the bank of deposit to the depositor, but subse-

OH. 203.] 519

quent holders shall have the right to rely on thepresumption that the bank of deposit is the ownerof the item. The indorsement of an item by the bankof deposit or by any subsequent holder in blank orby special indorsement or its delivery when payableto bearer, shall carry the presumption that the in-dorsee or transferee is owner provided there isnothing upon the face of the paper or in any priorindorsement to indicate an agency or trustee rela-tion of any prior party. But where an item is de-posited or is received for collection indorsed spe-cially or in blank, the bank may convert such an in-dorsement into a restrictive indorsement by writingover the signature of the indorser the words "fordeposit" or "for collection" or other restrictivewords to negative the presumption that such bankof deposit or indorsee bank is owner; and in the caseof an item deposited or received for collection pay-able to bearer, may negative such presumption byindorsing thereon the words "received for deposit"or "received for collection" or words of like import.

SEc. 5. It shall be the duty of the initial or anyBank to subsequent agent collecting bank to exercise or-exerciseordinary dinary care in the collection of an item and whencare.

such duty is performed such agent bank shall notbe responsible if for any cause payment is not re-ceived in money or an unconditional credit given onthe books of another bank, which bank shall be liablefor its own lack of exercise of ordinary care butshall not be liable for the neglect, misconduct, mis-takes or defaults of any other agent bank or of thedrawee or payor bank.

SEc. 6. (a) Where an item is received on de-Ordinary posit or by a subsequent agent bank for collection,care,defined. payable in another town or city, it shall be deemed

the exercise of ordinary care to forward such itemby mail, not later than the business day next fol-lowing its receipt either (1) direct to the drawee


SESSION LAWS, 1929.

or payor in the event such drawee or payor is a bankor (2) to another bank collecting agent according tothe usual banking custom, either located in the townor city where the item is payable or in another townor city.

(b) Where an item is received on deposit orby a subsequent agent bank for collection, payableby or at another bank in the same town or city inwhich such agent bank is located, it shall be deemedthe exercise of ordinary care to present the item forpayment at any time not later than the next businessday following the day on which the item is receivedeither (1) at the counter of the drawee or payor byagent or messenger or (2) through the local clear-ing house under the regular established procedure,or according to the usual banking custom where thecollecting or payor bank is located in an outlying dis-trict.

(c) The designation of the above methods shallnot exclude any other method of forwarding or pre-sentment which under existing rules of law wouldconstitute ordinary care.

SEC. 7. Where the item is received by mail by Deemed paidwhen

a solvent drawee or payor bank, it shall be deemed charged tomaker's9

paid when the amount is finally charged to the ac- account.

count of the maker or drawer.

SEC. 8. Where an agent bank forwards an item Loss ordestruction

for collection, it shall not be responsible for its loss in transit.

or destruction in transit or, when in the possessionof others, for its inability to repossess itself thereof,provided there has been no lack of ordinary care onits part.

. SEC. 9. Where ordinary care is exercised, anyagent collecting bank may receive in payment of anitem without becoming responsible as debtor there-for, whether presented by mail, through the clear-ing house or over the counter of the drawee or payor,

CH. 203.] 521

SESSION LAWS, 1929.

Different in lieu Of money, either (a) the check or draft of themethods i iuo oeete a h hc rdato hfor payment. drawee or payor upon another bank or (b) the check

or draft of any other bank upon any bank other thanthe drawee or payor of the item or (c) such methodof settlement as may be customary in a local clearinghouse or between clearing banks or otherwise: Pro-vided, That whenever such agent collecting bankshall request or accept in payment an unconditionalcredit which has been given to it on the books ofthe drawee or payor or on the books of any otherbank, such agent collecting bank shall become debtorfor such item and shall be responsible therefor asif the proceeds were actually received by it in money.

SEC. 10. Where ordinary care is exercised, anyCheck or agent collecting bank may receive from any subse-draft ofremitting quent bank in the chain of collection in remittancebank invayment. for an item which has been paid, in lieu of money,

the check or draft of the remitting bank upon anybank other than itself or the drawee or payor of theitem or such other method of setilement as may becustomary: Provided, That whenever such agentcollecting bank shall request or accept an uncondi-tional credit which has been given to it on the booksof the remitting bank or on the books of any otherbank, such agent collecting bank shall become debtorfor such item and shall be responsible therefor as ifthe proceeds were actually received by it in money.

SEC. 11. Where an item is duly presented byDishonored mail tO the drawee or payor, whether or not theby non- maltthdrweo aowehronttepayment. same has been charged to the account of the maker

or drawer thereof or returned to such maker ordrawer, the agent collecting bank so presenting may,at its election, exercised with reasonable diligence,treat such item as dishonored by non-payment andrecourse may be had upon prior parties thereto inany of the following cases:

(1) Where the check or draft of the drawee or

522 (CH. 203.

SESSION LAWS, 1929.

payor bank upon another bank received in paymenttherefor shall not be paid in due course;

(2) Where the drawee or payor bank shall with-out request or authority tender as payment its owncheck or draft upon itself or other instrument uponwhich it is primarily liable;

(3) Where the drawee or payor bank shall givean unrequested or unauthorized credit therefor onits books or the books of another bank; or

(4) Where the drawee or payor shall retainsuch item without remitting therefor on the day ofreceipt or on the day of maturity if payable other-wise than on demand and received by it prior to oron such day of maturity: Provided, however, Thatin any case where the drawee or payor bank shallreturn any such item unpaid not later than the dayof receipt or of maturity as aforesaid in the exer-cise of its right to make payment only at its owncounter, such item cannot be treated as dishonoredby non-payment and the delay caused thereby shallnot relieve prior parties from liability.

Provided, further, That no agent collecting bankshall be liable to the owner of an item where, in theexercise of ordinary care in the interest of suchowner, it makes or does not make the election aboveprovided or takes such steps as it may deem neces-sary in cases (2), (3) and (4) above.

SEC. 12. In case of the dishonor of an item duly Notice ofdishonor.

presented by mail as provided for in the next pre-ceding section, notice of dishonor of such item toprior parties shall be sufficient if given with reason-able diligence after such dishonor; and further inthe event of failure to obtain the return of any suchitem notice of dishonor may be given upon a copyor written particulars thereof, and delay in givingnotice of dishonor caused by an attempt with rea-sonable diligence to obtain return of such item shallbe excused.

OH. 203.] 523

SESSION LAWS, 1929.

SEC. 13. 1. When the drawee or payor, or anyBank coe ofailure, other agent collecting bank shall fail or be closed foreffect. business by the supervisor of banking or by action

of the board of directors or by other proper legalaction, after an item shall be mailed or otherwiseentrusted to it for collection or payment but beforethe actual collection or payment thereof, it shallbe the duty of the receiver or other official in chargeof its assets to return such item, if same is in hispossession, to the forwarding or presenting bankwith reasonable diligence.

2. Except in cases where an item or items istreated as dishonored by non-payment as providedin section 11, when a drawee or payor bank haspresented to it for payment an item or items drawnupon or payable by or at such bank and at the timehas on deposit to the credit of the maker or draweran amount equal to such item or items and suchdrawee or payor shall fail or close for business asabove, after having charged such item or items tothe account of the maker or drawer thereof or other-wise discharged his liability thereon but withoutsuch item or items having been paid or settled forby the drawee or payor either in money or by anunconditional credit given on its books or on thebooks of any other bank, which has been requestedor accepted so as to constitute such drawee or payoror other bank debtor therefor, the assets of suchdrawee or payor shall be impressed with a trust infavor of the owner or owners of such item or itemsfor the amount thereof, or for the balance payableupon a number of items which have been exchanged,and such owner or owners shall be entitled to a pre-ferred claim upon such assets, irrespective ofwhether the fund representing such item or itemscan be traced and identified as part of such assets orhas been intermingled with or converted into otherassets of such failed bank.

524 [CH. 203.

SESSION LAWS, 1929.

3. Where an agent collecting bank other thanthe drawee or payor shall fail or be closed for busi-ness as above, after having received in any form theproceeds of an item or items entrusted to it for col-lection, but without such item or items having beenpaid or remitted for by it either in money or by anunconditional credit given on its books or on thebooks of any other bank which has been requested oraccepted so as to constitute such failed collecting orother bank debtor therefor, the assets of such agentcollecting bank which has failed or been closed forbusiness as above shall be. impressed with a trust infavor of the owner or owners of such item or itemsfor the amount of such proceeds and such owneror owners shall be entitled to a preferred claim uponsuch assets, irrespective of whether the fund rep-resenting such item or items can be traced andidentified as part of such assets or has been inter-mingled with or converted into other assets of suchfailed bank.

SEC. 14. The provisions of this act shall not Notretroactive.

apply to transactions taking place prior to the timewhen it takes effect.

SEC. 15. In any case not provided for in this Except foract, rules of

act the rules of law and equity, including the law law andequity apply.

merchant and those rules of law and equity relatingto trusts, agency, negotiable instruments and bank-ing, shall continue to apply.

SEC. 16. This act shall be so interpreted and con- Constructionof act.

strued as to effectuate its general purpose to makeuniform the law of those states which enact it.

SEc. 17. This act may be cited as the bank col- Cited byname.

lection code.SEC. 18. All acts or parts of acts inconsistent Repealing

clause.with this act are hereby repealed.


OH. 203.] 525

SESSION LAWS, 1929.

CHAPTER 204.[H. B. 187.]

ASSESSMENT OF METROPOLITAN PARK DISTRICT LANDS.

AN ACT authorizing the assessment of lands held or owned byany metropolitan park district within the limits of any cityfor local improvements, and providing for the payment ofsuch assessments.


SECTION 1. That all lands held or owned by anyLands may metropolitan park distrief in fee simple in trust orbe assessedfor local im- otherwise within the limits of any city may be as-provements. sessed and charged with the cost of all local improve-

ments specially benefiting such land and property,which may be ordered by the proper authorities ofsuch city.

SEC. 2. In any local improvement assessmentSame as district in any city property in such district held orotherproperty. owned by any metropolitan park district in which

such city or town is situated shall be assessed andcharged for its portion of the cost of such local im-provement in the same manner as any other prop-erty in such district.

SEC. 3. That upon the approval and confirma-Assessment tion of the assessment roll for any local improve-

frmned, it ment ordered by the proper authorities of any city,certifystatement the city treasurer shall certify and forward to the

sit board of park commissioners of the metropolitanpark district in which such city is situated, a state-ment of all lots or parcels of land or other propertyheld or owned by such metropolitan park districtand charged on such assessment roll for the cost ofsuch local improvement, separately describing eachlot or parcel of land or other property of the metro-politan park district with the amount of the assessment charged against it, and the board of park com

526 [CH. 204.

SESSION LAWS, 1929.

missioners shall cause the amount of such local im-provement assessments to be paid to the city as otherclaims and charges against such metropolitan parkdistrict are paid.


CHAPTER 205.[H. 13. 380.]

INHERITANCE TAX.

AN ACT relating to taxation of inheritances and ascertaining, de-termining and collecting of such tax, and providing certaintransfers to be in contemplation of death, and amending Sec-tions 11202, 11206, 11211 and 11216 of Remington's CompiledStatutes, and adding to Section 11216 of Remington's Com-piled Statutes a new section to be known as Section 11216-A,and adding to Section 11201 of Remington's Compiled Stat-utes a new section to be known as Section 11201-A, providinga penalty for practicing a fraud upon the State of Washing-ton relating to the ascertainment, determination and collec-tion of inheritance taxes.


SECTION 1. That section 11202 of Remington's Amends§ 11202,

Compiled Statutes be amended to read as follows: Rem. Comp.

Section 11202. The inheritance tax shall be im-posed on all estates subject to the operation of thisand other inheritance tax acts of the State of Wash-ington, at the following rates:

If passing to or for the use of a father, mother, Rate,schedule.

husband, wife, lineal descendant, adopted child orlineal descendant of an adopted child, the tax shallbe one per centum of any value not exceeding fiftythousand dollars; two per centum of any value in ex-cess of fifty thousand dollars and not exceeding onehundred thousand dollars; three per centum of any

CH. 205.] 527

SESSION LAWS, 1929.

value in excess of one hundred thousand dollars andnot exceeding one hundred fifty thousand dollars;four per centum of any value in excess of one hun-dred fifty thousand dollars and not exceeding twohundred thousand dollars; five per centum of anyvalue in excess of two hundred thousand dollars. Ason-in-law, or a daughter-in-law, being in such rela-tion, shall be taxed at the same rate as a son or a

exeon, daughter: Provided, however, That in the abovecases, ten thousand dollars of the net value of anyestate shall be exempt from such tax, to the sur-vivor, and to the father or mother and five thousanddollars shall be exempt to each minor, lineal de-scendant, step-child or adopted child, and threethousand dollars shall be exempt to each adult, lineal

Parents descendant: Provided, however, That where bothdeceased,

vives, parents are deceased and only one child, adopted$10, 000exemptlon. child, or step-child survives, there shall be exempt

from the estate passing to such child, adopted child,or step-child, the sum of ten thousand dollars.

If passing to or for the use of a sister, brother,uncle, aunt, nephew or niece, the tax shall be threeper centum of any value not exceeding fifty thousanddollars; six per centum of any value in excess offifty thousand dollars, and not exceeding one hun-dred thousand dollars; eight per centum of any valuein excess of one hundred thousand dollars and notexceeding one hundred fifty thousand dollars; tenper centum of any value in excess of one hundredfifty thousand dollars and not exceeding two hundredthousand dollars; twelve per centum of any valuein excess of two hundred thousand dollars.

If passing to or for the use of collateral heirs be-Collateral. yond the third degree of relationship or to strangersheirs.

to the blood, the tax shall be ten per centum of anyvalue not exceeding fifty thousand dollars; twelveper centum of any value in excess of fifty thousanddollars and not exceeding one hundred thousand

528 [CH. 205.

SESSION LAWS, 1929.

dollars; fifteen per centum of any value in excessof one hundred thousand dollars and not exceedingone hundred fifty thousand dollars; twenty per cen-tum of any value in excess of one hundred fiftythousand dollars and not exceeding two hundredthousand dollars; twenty-five per centum of anyvalue in excess of two hundred thousand dollars.

SEc. 2. That section 11206 of Remington's Com- Amends§11206,

piled Statutes be amended to read as follows: e. Comp.

Section 11206. When property is transferred intrust or otherwise and the rights, interests or estatesof the transferees are dependent upon contingenciesor conditions whereby they may be wholly or in partcreated, defeated, extended or abridged, such prop- Trust

transferserty shall be appraised at its clear market value im- of property.

mediately upon the transfer or as soon thereafter aspracticable and a tax shall be imposed upon suchtransfer at the highest rate which on the happeningof any of said contingencies or conditions would beprobable under the provisions of this act and suchtax so imposed shall be due and payable in the samemanner as other taxes: Provided, That if such tax,so determined, appears to be excessive, the mattermay be submitted to the court for determination andadjustment: Provided further, however, Wheresuch tax is not so determined by the court, that onthe happening of any contingency or conditionwhereby the said property or any part thereof istransferred to a person or corporation which, underthe provisions of this act is required to pay a tax ata lower rate than the tax imposed then such trans-feree shall recover from the State of Washingtonthe difference between the tax imposed and the taxat the lower rate.

Estates in expectancy which are contingent or Estates in

defeasible and in which proceedings for determina- expectancy

tion of the tax have not been taken or where thetaxation thereof has been held in abeyance shall be

Onr. 205.] 529

SESSION LAWS, 1929.

appraised at their full undiminished clear valuewhen the persons entitled thereto shall come into thebeneficial enjoyment or possession thereof withoutdiminution for or on account of any valuation there-tofore made of the particular estates for purposes oftaxation upon which said estates in expectancy mayhave been limited. Where an estate for life or foryears can be devested by the act or omission of thelegatee or devisee, it shall be taxed as if there wereno possibility of such devesting.

Amends SEC. 3. That section 11211 of Remington's Com-Rem comp- piled Statutes be amended to read as follows:

Section 11211. The superior court, having juris-Appraisers. diction, shall appoint three suitable, disinterested

persons to appraise the estate and effects of de-ceased persons for inheritance tax purposes, and un-less otherwise provided by order of the court, theappraisers appointed under the probate law to ap-praise the estate and effects of deceased personsshall be and constitute the appraisers under the pro-

Class A, visions of this act: Provided, however, That in all1st, 2nd and

cr caess class A, 1st, 2nd and 3rd class counties, one of suchappraiser

eco ser appraisers, in either case, shall be recommended bynupnd the supervisor of the inheritance tax and escheat

division, and appointed by the court as one of thethree appraisers, and shall receive a like compen-sation as each of the other appraisers. The super-visor of the inheritance tax and escheat division orany person interested in the estate appraised, may

Exceptions file exceptions to the appraisement, which shall beto appraisal.heard and determined by the court having jurisdic-

Hearing. tion in probate of the estate involved. If, upon thehearing, the court finds the amount at which theproperty is appraised is its market value and theappraisement was fairly and in good faith made, itshall approve such appraisement; but if it finds thatthe appraisement was made at a greater or less sumthan the market value of the property, or that the

530 [CH. 205.

SESSION LAWS, 1929.

same was not fairly or in good faith made, it shallset aside the appraisement and determine such value.The supervisor of the inheritance tax and escheat Appreae to

division, or any one interested in the property ap- court.

praised, may appeal to the supreme court from theorder of the superior court in the premises.

SEc. 4. That section 11216 of Remington's Com- AmendsI 11216 of

piled Statutes be amended to read as follows: tem. Comp.

Section 11216. When any person dies leavingproperty within the jurisdiction of the State ofWashington, which shall pass by the statutes of in-heritance of this or any other state, or by deed,grant, sale or gift made in contemplation of thedeath of the grantor or donor, or by deed, grant, saleor gift made or intended to take effect in possessionor in enjoyment after the death of the grantor or No probate

on estate.donor, to any person in trust or otherwise, and therehas been no application for letters of administrationof the estate of such deceased person, or when ad-ministration of any estate has been completed with-out an adjudication of the inheritance tax, the lia-bility of such property for the payment of an in-heritance tax may be determined without administra-tion in the manner hereinafter provided.

When any person interested in such property Petition foradjudication

shall deem the same not subject to an inheritance filed withcourt.

tax, or when he admits the liability for such tax butdesires to adjust the same, he may file a petition inthe superior court of the proper county to determinethe questions arising under the inheritance tax stat-utes. Such petition shall contain the name and dateof death of decedent, the description and estimatedvalue of all property involved, the names and placesof residence of all persons interested in the same,and such other facts as are necessary to give thecourt jurisdiction. The court shall thereupon seta day for hearing said petition and a copy thereof,fogether with a notice of the time and place of such

CH. 205.] 531

SESSION LAWS, 1929.

hearing, shall be served by the petitioner or hisattorney upon the supervisor of the inheritance taxand escheat division and on each person interestedin said property at least twenty days before the dateof hearing, if served personally, and if served bypublication the service shall be the same as the serv-ice of summons by publication in civil actions.

The court shall hear said matter upon the rela-Hearing. tion of the parties, the testimony of witnesses and

evidence produced in open court, and, if it shall befound that the property is not subject to any tax, thecourt shall make and enter an order determiningthat fact; but, if it shall appear that the whole orany part of said.property is subject to a tax, thesame shall be appraised and the tax levied and col-lected as in other cases. An adjudication by the su-perior court, as herein provided, shall be conclusiveas to the lien of said tax, subject to the right of ap-peal to the supreme court allowed by the laws of thestate.

In any case where the inheritance tax will notTax adjusted exceed three hundred dollars, the supervisor of in-withoutprobate. heritance tax and escheat division may compromise

such tax and issue a satisfaction therefor, withoutprobate proceedings, where the necessary facts arefurnished and filed by affidavit, but such release shallbe only as to the assets of the estate shown and dis-closed by such proceedings.

Adds Sec- SEc. 5. That section 11201 of Remington's Com-tion 11201-Ato Rem,. ie ythrt eComp. Stat. piled Statutes be amended by adding thereto a new

section to be known as section 11201-A to read asfollows:

Section 11201-A. Any transfer of propertyTransfer made by a decedent by deed, grant, sale or gift with-withoutconsidera- in two years prior to said decedent's death, withouttion deemedin contem- valid and adequate consideration therefor, shallplation ofdeath, be presumed to have been made in contemplation of

death.

[CH. 205.532

SESSION LAWS, 1929.

SEC. 6. That section 11216 of Remington's Com- Adds Sec-to Remi.

piled Statutes be amended by adding thereto a new Comp. Stat.

section to be known as section 11216-A, to read asfollows:

Section 11216-A. Any person or persons found Fraudent

guilty of practicing a fraud upon the State of Wash- demanr

ington relating to the ascertainment, determinationand collection of inheritance taxes, by misrepresen-tation of facts, or concealment of facts, and any per-son or persons who assist therein, either as prin-cipal, agent or accessory, either before or after thefact, shall be deemed guilty of a gross misdemeanorand upon conviction thereof be punished accord-ingly.

SEc. 7. The foregoing provisions in this act Act notretroactive.

shall apply to all cases pending in the inheritancetax and escheat division at the time this act takeseffect.

SEC. S. That in case this act or any part thereof ttione i

shall be held unconstitutional, such holding shall notafted.e

only apply to this act or a part thereof and shall notapply to any other act.


CH. 205.] 533

SESSION LAWS, 1929.

CHAPTER 206.[H. B. 167.1

INVESTMENT OF FUNDS BY TRUST COMPANIES.

AN ACT relating to the investment of funds held in trust by cor-porations doing a trust business, and amending Chapter 80of the Laws of 1917.


Amends SECTION 1. That section 48 of chapter 80 of the§3255,' Rem.

Comp. Stat. Laws of 1917, pages 294 to 296, (section 3255 ofRemington's Compiled Statutes) be amended to readas follows:

Investment Section 48. A corporation doing a trust busi-as specified,not other- ness may invest funds held in trust, in the mannerwise. hereinafter in this act specified and not otherwise.

Adds § 48a SEC. 2. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to be

known as section 48a, to read as follows:Section 48a. A corporation doing a trust busi-

United ness may invest funds held in trust in bonds, notes,States bonds. or other obligations constituting the direct and gen-

eral obligation of the United States, or of any statethereof, or bonds, payment of which, both principaland interest, is guaranteed by the United States orany state thereof.

Adds I 48 b SEC. 3. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to be

known as section 48b, to read as follows:Section 48b. A corporation doing a trust busi-

Dominion ness may invest funds held in trust in bonds, notes,of Canadabonds. or other obligations constituting the direct and gen-

eral obligation of the Dominion of Canada or anyprovince thereof, or bonds, notes, or other obliga-tions, payment of which, both principal and interest,is guaranteed by the Dominion of Canada or anyprovince thereof, provided such bonds, notes or

534 [Cn. 206.

SESSION LAWS, 1929.

other obligations are payable within the UnitedStates of America in gold coin of the United Statesof America or its equivalent.

SEC. 4. That chapter 80 of the Laws of 1917 be Adds 48cto Chap. 80,


known as section 48c, to read as follows:Section 48c. A corporation doing a trust busi- Bonds of

county, city,ness may invest funds held in trust in direct and schoolor

port districtgeneral obligation bonds or notes issued by any of this state.

county, city, school district or port district in theState of Washington having the power to levy taxesfor the payment of principal and interest thereof.

SEC. 5. That chapter 80 of the Laws of 1917 be Adds § 48dtChap. 80,


known as section 48d, to read as follows:Section 48d. A corporation doing a trust busi- Water sys-

tem bondsSoof 1st o r 2ndness may invest funds held in trust in the bonds of claities

any first or second class city of this state for the of this state.

payment of which the entire revenues of the city'swater system less maintenance and operating costsis irrevocably pledged, even though the bonds arenot general obligation bonds of the city.

SEc. 6. That chapter 80 of the Laws of 1917 be Adds 48e


known as section 48e, to read as follows:Section 48e. A corporation doing a trust busi- Bonds of

county, city,ness may invest funds held in trust in the direct and school or

general obligation bonds or notes issued by any otater

county, city, school district or port district in anyother state of the United States having the power tolevy taxes for the payment of principal and interestthereof : Provided, That such bonds, or notes areacceptable by the United States government assecurity for deposits of postal savings funds.

SEC. 7. That chapter 80 of the Laws of 1917 be Adds § 48fto Chap. 80.


known as section 48f, to read as follows:

Cii. 206.] 535

Section 48f. A corporation doing a trust busi-Railroad ness may invest funds held in trust in the followingcorporationobligations. obligations of railroad corporations: Obligations

issued, assumed or guaranteed as to principal andinterest by endorsement by, or so guaranteed whichguaranty has been assumed by, a railroad corpora-tion or a successor railroad corporation thereof, in-corporated under the laws of the United States or

Operating any state thereof, owning and operating not lessnot lessthan than 500 miles of standard gauge railroad, exclusive500 miles.

of sidings: Provided, That if the mileage so ownedshall be less than 500 miles, the railway operating

Yearly reve- revenues from the operation of such railroad shallnue not lessthan have been not less than $10,000,000 each year for at$10,000,000. least five of the six fiscal years next preceding such

investment; or obligations guaranteed as to prin-cipal and interest by, or so guaranteed which guar-anty has been assumed by, such railroad corpora-tion under the terms of a lease extending to a datenot earlier than the maturity of the obligations soguaranteed, which lease shall provide that the ren-tal thereunder shall be not less than twice the fixedcharges of the lessor: Provided, further, That in

Earnings each year for at least five of the six fiscal years nextfor fiveyears. preceding such investment, the amount of earnings

of such railroad corporation after deducting rentfor hire of equipment and joint facility rents, if any,from gross income shall have been not less than oneand one-half times the remaining deductions fromsuch gross income as defined by the accounting reg-ulations of the interstate commerce commission:

Cash divi- Provided further, That such railroad corporationdends onstock. each year for at least five out of the six fiscal years

next preceding such investment shall have paid divi-

Paid regu- dends in cash upon its capital stock equivalent to atlatured least one-fourth of such deductions: Provided fur-

principa ILand interest ther, That at no time within such period of six yearson mortgageindebted- such railroad corporation shall have failed regularlyness.

536 SESSION LAWS, 1929. [CH. 206.

SESSION LAWS, 1929.

and punctually to pay the matured principal and in-terest of all its mortgage indebtedness: Providedfurther, That all obligations so authorized for in-vestment shall be

(a) Fixed interest-bearing bonds secured by Fieedt

direct mortgage on railroad operated by such rail- bearing

road corporation; or

(b) Bonds secured by first mortage upon ter- Firstmort-

minal, depot, bridge or tunnel property, includinglands, buildings and appurtenances, used in theservice of transportation by one or more such rail-road corporations, provided that such bonds be thedirect obligation of, or that payment of principaland interest thereof be guaranteed by endorsementby, or guaranteed by endorsement which guarantyhas been assumed by, one or more such railroad cor-porations; or

(c) Debenture bonds of such railroad corpora- ebenture

tion secured by irrevocable pledge as collateralunder a trust agreement of other railroad bonds thatare legal investments for trust funds under this sec-tion, have a maturity not earlier than the bondsthat they secure and of a total face amount not lessthan the total face amount of the bonds that theysecure; or

(d) Fixed interest-bearing mortgage bonds other nther

than those described in paragraph (a) hereof, in- ds

come mortgage bonds, collateral trust bonds otherthan those described in paragraph (c) hereof, orunsecured bonds, issued, assumed or guaranteed asto principal and interest by endorsement by, or soguaranteed which guaranty has been assumed by,such railroad corporation, the amount of earningsof which each year for at least five of the six fiscalyears next preceding such investment after deduct-ing rent for hire of equipment and joint facilityrents, if any, from gross income shall have been notless than twice the remaining deductions from such

CH. 206.] 537

SESSION LAWS, 1929.

gross income as defined by the accounting regula-tions of the interstate commerce commission, in-cluding interest on such income mortgage bonds, ifany, and the net income of which after such deduc-tions shall have been not less than $10,000,000 eachyear for at least five of the six fiscal years next pre-ceding such investment, and which railroad corpora-tion shall have made the dividend and principal andinterest payment hereinbefore required. Streetrailroad corporations shall not be considered rail-road corporations within the meaning of this section.

Adds § 48g SEC. 8. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to be

known as section 48g, to read as follows:

Section 48g. A corporation doing a trust busi-Mortgage ness may invest funds held in trust in the mortgagebonds ofclass one bonds of any class one railroad, as defined by therailroad. interstate commerce commission, meeting the fol-

lowing requirements:

(1) Such railroad shall have carried fifty net50 net revenue ton miles per year each year for the fiverevenueton miles years next preceding the proposed investment forper year.

each dollar of mortgage bonds of the funded debtof the railroad prior or equal in lien to such bonds,and

(2) Such railroad shall have had a traffic den-Traffic sity of at least one million net revenue ton miles perdensity, mile of line mortgaged to secure such bonds each

and every year for a period of at least five yearsprior to the investment by any such corporation insuch bonds, and

(3) The trust indentures of such bonds and ofProhibit any bonds prior in lien to such bonds secured byissuance ofadditional mortgages on said railroad and portions thereofequal orprior bonds. shall prohibit the issuance of any additional bonds

equal or prior in lien to such bonds except for thepurpose of retiring existing prior lien bonds.

538 [CH. 206.

SESSION LAWS, 1929.

SEC. 9. That chapter 80 of the Laws of 1917 be Adds § 48htChap. 80,amended by adding thereto a new section, to be Laws 1917.

known as section 48h, to read as follows:Section 48h. A corporation doing a trust busi- Railroad

equipmentness may invest funds held in trust in railroad ogions,

equipment obligations or equipment trust certif- tineates.

icates which comply with the following require-ments:

(a) They must be the whole or part of an issue maturitynot more

originally made payable within not more than fif- tan

teen years in annual or semi-annual installmentssubstantially equal in amount beginning not laterthan one year after the date of the issue.

(b) They must be secured by or be evidence of Secured byprior or

a prior or preferred lien upon or interest in, or of preferred

reservation of title to, the equipment in respect ofwhich they have been issued or sold, or by an as-signment of or prior interest in the rent or purchasenotes given for the hiring or purchase of such equip-ment.

(c) The total amount of principal of such issue Issue notto exceed

of equipment obligations or trust certificates shall 85% of cashopurchase

not exceed eighty-five per centum of the cost or pur- price.

chase price of the equipment in respect of whichthey were issued.

(d) The remaining fifteen per centum of said Remaining

cost or purchase price shall have been paid by or been paid.

for the account of the corporation so constructing,acquiring, purchasing or leasing said equipment,or by funds loaned or advanced for the purpose bythe government of the United States or one of itsagencies or instrumentalities but subordinated as tosecurity, in the event of default, to the prior or pre-ferred equipment obligations or equipment trustcertificates.

SEC. 10. That chapter 80 of the Laws of 1917 be Adds § 48ito Chap. 80,


known as section 48i, to read as follows:

Oni. 206.] 539

SESSION LAWS, 1929.

Section 48i. The words "gross operating rev-

oeroting enues 'whenever used in this section and in the nextdefined, two succeeding sections of this act, shall mean and

include the total amount earned from the operationof all property owned or operated and/or leasedand operated by the corporation as shown by theofficial reports issued by the corporation.

The words "operating expenses" whenever used"Operating in this section and in the next two succeeding see-expense,"defined. tions of this act, shall mean and include all expenses

of operation; current maintenance; all taxes, otherthan federal and state income taxes; and proper pro-vision for the retirement of the physical propertyof the corporation.

The words "proper provision for the retirement"Proper proof the physical property of the corporation" whenvision forthe retire- used in this section and in sections 11 and 12 ofment of the

prpya of this act, shall mean that for five years next preced-ohen crpora- ing the proposed investment, the amount which the

defined. corporation shall have appropriated for retirementreserve, together with any part of the earnings notappropriated for dividends or other purposes butretained as a corporate surplus, shall have averagedper year not less than four per cent of the bookvalue of all physical assets other than land or in-terest in lands, where such segregation of suchassets is available, or shall have averaged per yearnot less.than two and one-half per cent of the bookvalue of all physical assets: Provided, however,That in the case of assets utilized in supplying water,the words "proper provision for the retirement ofphysical property of the corporation" shall mean,that for the five years next preceding the amountwhich the corporation shall have appropriated forretirement reserve together with any part of theearnings not appropriated for other purposes butretained as a corporate surplus shall havq averagedper year not less than one per cent of the book value

540 [CH. 206.

SESSION LAWS, 1929.

of all physical assets, other than land, used in watersupply.

"Book value of all physical assets" wherever "Book valueof all

used in this section and in sections 11 and 12 of physicalassets,"

this act shall mean the book cost of the fixed capital defined.

of the corporation, less the balance retained in theretirement reserve and less the earned surplus ofthe corporation not appropriated for dividends orother purposes, but retained as corporate surplus.

The words "fixed charges" whenever used in "Fixedcharges"

this section and in the next two succeeding sections defined.

of this act, shall mean and include all rentals forproperty operated under lease, interest on all in-debtedness, guaranteed and assumed interest anddividends, and an amount sufficient to amortize anydiscount on outstanding securities within a reason-able time.

The words "net earnings of the corporation" "'t earne

whenever used in this section and in the next two orora-

succeeding sections of this act, shall mean the bal- defined.

ance obtained by deducting from the gross operat-ing revenue the operating expenses of the corpora-tion as herein defined, and by adding to this balancethe income of the corporation from securities andmiscellaneous sources, but not to exceed, however,fifteen per cent of such balanlce.

Corporations supplying water chiefly for the corporationssupplying

purpose of irrigation shall not be deemed to be en- riterfor

gaged in the business of supplying water within themeaning of this section and the.next two succeedingsections of this act.

SEC. 11. That chapter 80 of the Laws of 1917 odd p 80,

be amended by adding thereto a new section, to be Laws 1917.

known as section 48j, to read as follows:Section 48j. A corporation doing a trust busi-

ness may invest funds held in trust in the mortgagebonds of corporations incorpoxated under the lawsof the United States or of any state thereof, and

Ca. 206.] 541

SESSION LAWS, 1929.

Bonds of engaged in the business of supplying telephone ser-telephone,electricalno ya' vice, electric energy, artificial gas, and/or water,

artificialgas, or water meeting the following requirements:corporations.

(1) At least seventy-five per cent of the gross75% of operating revenues of such corporation shall be de-revenues tobe derived rived from such business and shall have been derivedfrombusiness. from such business each year for the five years

next preceding the proposed investment, unless thecorporation shall be engaged in the business offurnishing telephone service or electrical energyand shall meet the requirements of section 48k ofthis act.

(2) The corporation shall be subject to regula-

bgulion tion by a public service commission or other similarservice corn-missiono regulatory body duly established by the laws of the

United States or of the states in which such cor-poration transacts such business.

(3) For a period of at least five fiscal yearsOfficial next preceding the investment in the bonds of anyreports forfive years such corporation the official reports issued by theto show.

corporation shall show:

ollairoons (a) Gross operating revenues of at least onerevenues. million dollars for each of said years;

(b) That such corporation has paid regularlyRegular and promptly the matured interest and maturedpayrnent ofindebted- principal of all its indebtedness, direct, guarantend

or assumed; and

(c) That the net earnings of such corporationNet shall have averaged per year not less than twiceearmnns. the average-annual fixed charges and for the last

fiscal year preceding such investment such net earn-4ings shall have been not less than twice the fixedcharges for the full year: Provided, however, Thatwhere any such corporation shall have acquired itsproperty or any substantial part thereof within theperiod of the five fiscal years next preceding, eitherby purchase from or merger or consolidation with

542 [CH. 206.

SESSION LAWS, 1929.

any other corporation or corporations, the grossoperating revenues, net earnings and fixed chargesof the several predecessor or constituent corpora-tions shall be consolidated and adjusted for the pur-pose of determining the qualifications of the bondsunder the requirements of this section.

(4) The bonds of such corporation shall comply Bonds partof original

with the following requirements: issue.

(a) The bonds shall be part of an original is-sue of not less than one million dollars, and

(b) The bonds shall be either(1) Mortgage bonds secured by a first or rest nre-

funding mortgage secured by property owned and morgage

operated by the corporation issuing or assumingthem, or

(2) Senior mortgage bonds secured by prop- Senior

erty owned and operated by the corporation issuing mortgage.

or assuming them, and which such senior mortgagebonds have been authorized to be refunded and re-tired by a junior mortgage authorizing refundingbonds which comply with the requirements of thissection. Such senior mortgage shall be either aclosed mortgage or shall remain open solely for theissue of additional bonds which are to be pledgedunder such junior mortgage.

(c) The aggregate principal amount of bonds Bonds not toexceed 60%

described in this paragraph, secured by first or re- value ofphysical

funding mortgages, plus the principal amount of all property.

outstanding bonds issued under senior mortgagesshall not exceed sixty per cent of the value of thephysical property owned as shown by the books ofthe corporation and subject to the lien of such mort-gage or mortgages securing the total mortgage debt.

(d) If the bonds are secured by a refunding Retirementprovisions.

mortgage such mortgage shall provide for the re-tirement on or before the date of their maturity ofall bonds secured by prior liens on the property.

Onr. 206.] 543

SESSION LAWS, 1929.

Aodd 8 SEC. 12. That chapter 80 of the Laws of 1917 be,Laws 1917. amended by adding thereto a new section, to be

known as section 48k, to read as follows:Telephone Section 48k. A corporation doing a trust bust-or electricalenergy cor- ness may invest funds held in trust in the bonds ofporationwith less any corporation'engaged in the business of furnish-than 75% of ayo ~ 'naegross ing telephone service or electrical energy, meetingderived lowing though lesthanfrom the following requirements, even lessoperation. seventy-five per cent of the gross revenues is de-

rived from the operation of such property:Regulation (1) Such corporation shall be subject to regu-by I. C. C.J

lation by the interstate commerce commission or

by the public service commission or similar regula-tory body of the states in which it operates; .

Annual (2) The official reports issued by the corpora-gross

revnue tion for a period of ten fiscal years next precedingthe. investment in any such bonds shall show annualgross revenues of not less than $50,000,000 duringany year;

Regular (3) Such corporation shall have paid regularlypayment ofindebted- and promptly each and every year for ten years

next preceding the investment the matured interestand matured principal of all its indebtedness, direct,guaranteed or assamed;

ernings. (4) The net earnings of the corporation avail-able for fixed charges for the ten year period nextpreceding such investment shall have been not lessthan three times such fixed charges during any year;

Part oforiginal (5) Such bonds shall be part of an originalissue of atleast issue of at least $5,000,000.

$5000, 00 0.

SEC. 13. That chapter 80 of the Laws of 1917 be

Ad Ch10, amended by adding thereto a new section, to beLaws 1917. known as section 481, to read as follows:

Section 481. A corporation doing a trust busi-ness may invest funds held in trust in:

Real estateThisudfrtofirst (a) The legally issued first mortgages on im-mortgages. proved real estate in this state, provided that such

[CH. 206.544

SESSION LAWS, 1929.

encumbrance does not exceed fifty per cent of thereasonable value of such property at the time ofsaid investment. Such mortgages shall be accom-panied by an appraisal approved in writing by anofficer of the corporation and by either a completeabstract of title with an approving legal opinionthereon or a policy of title insurance. Where build- Buildings.

ings constitute a material part of the value of themortgaged property they shall be kept insuredagainst loss or damage by fire for the benefit of themortgagee in a reasonable amount. The real estatesubject to such first mortgage must be improved tosuch extent that the net annual income thereof orreasonable annual rental thereof in the conditionexisting at the time of making the loan is sufficientto pay the annual interest accruing on such loan inaddition to taxes and insurance and all accruingcharges and expenses.

(b) In participating certificates in legally is- Participatingcertificates

sued first mortgages on improved real estate in this on 1st real

state where the entire mortgage is held by the cor- mortgages.

poration making such investment and complies withall other provisions in paragraph (a) hereof.

(c) In the legally issued first mortgage bonds Firstmortgage

on improved real estate in this state, provided that bonds.

such bonds be issued under deed of trust or mort-gage in favor of a corporation, authorized to do atrust business in this state, as trustee, and providedthat such encumbrance does not exceed fifty percent of the reasonable value of such property, basedon the appraisal made, as of the date of the deed oftrust or mortgage securing said bonds. Wherebuildings or other improvements constitute a ma-terial part of the value of the mortgaged propertythey shall be kept insured against loss or damageby fire in a reasonable amount in favor of thetrustee. Title to such mortgaged property shall beevidenced by either a complete abstract of title with

-18

Cn. 206.] 545

SESSION LAWS, 1929.

approving legal opinion thereon or a policy of titleinsurance on file with said trustee.

Adds §48m SEC. 14. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to be

known as section 48m, to read as follows:Section 48m. A corporation doing a trust busi-

Real or ness may hold during the life of the trust, all prop-personalproperty erty real and/or personal, received by it into theheld intrust. trust from any source, though such property be not

legal for the investment of trust funds, in the samemanner and upon the same conditions as if suchproperty were legal for the investment of trustfunds, unless the terms of the instrument creatingor declaring the trust specifically provide to thecontrary.

Adds § 48n SEC. 15. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a ,new section, to be

known as section 48n, to read as follows:Section 48n. . A corporation doing a trust busi-

Savings ness may invest funds held in trust in any securities,accountsof *g*mutual including savings accounts in mutual savings banks,bans. other than those hereinabove in this act specified,Approval of except corporate stocks, with the approval in writ-bank super- igovisor. ingof the supervisor of banking.

Adds § 48o SEC. 16. That- chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to be

known as section 48o, to read as follows:Section 48o. A corporation doing a trust busi-

Investments ness may invest funds held in trust under an in-in accord-ance with strument creating such trust, in any manner and/ortrust agree-ment in any investment and/or in any class of investments

authorized by such instrument, whether or not thesame be otherwise eligible for the investment oftrust funds.

Adds ' 48p SEC. 17. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to beknown as section 48p, to read as follows:

-546 . ICH. 206.

SESSION LAWS, 1929.

Section 48p. If the instrument creating the Trustagee-

trust authorizes the corporation doing a trust busi- dicetion

ness as trustee to invest funds held in trust under investments.

such instrument in the discretion of said trustee,or to that effect, it may, in the exercise of such dis-cretion in good faith, invest the funds held in trustunder such instrument, in any manner hereinabovein this act authorized and/or in any other manner,or in any other securities and/or property, that itshall deem advantageous to, or for the benefit of,the beneficiary, or beneficiaries, of such trust.

SEC. 18. That chapter 80 of the Laws of 1917 be Adds § 48qto Chap. 80.


known as section 48q, to read as follows:Section 48q. A corporation doing a trust busi- Exchange of

investmentsness may exchange investments in any corporation incgsoli-

held by it in trust, which investments are authorized mergedcorporations.

to be held or made under the other provisions ofthis act, for investments in any reorganzied, con-solidated, successor or merged corporation, or hold-ing company, and may exercise any option grantedin respect of any such investments for the conver-sion of same into other investments in such reor-ganized, consolidated, successor or merged corpora-tion or holding company, and may exercise anyrights to subscribe to additional investments in re-spect of investments so held by it in trust, whetheror not such new investments received in exchangeor by reason of the exercise of any options or rightsas above described, are eligible for the investmentof trust funds, and such new investments may beheld in the same manner and upon the same condi-tions as if they were eligible for the investment oftrust funds, unless the terms of the instrument cre-ating or declaring the trust specifically provide tothe contrary.

SEC. 19. That chapter 80 of the Laws of 1917 be Adds § 48rto Chap. 80,


known as section 48r, to read as follows:

Cii. 206.] 547

oeulted Section 48r. Nothing in this act contained shallmortgages,notes, etc. be construed as authorizing any corporation doing

a trust business, to invest any funds held in trust,in any bonds, mortgages, notes, or other securities,during any default in payment of either principalor interest thereof.

Adds § 48s SEc. 20. That chapter 80 of the Laws of 1917 beto Chap. 80,Laws 1917. amended by adding thereto a new section, to be

known as section 48s, to read as follows:tueo sello Section 48s. Unless the instrument creating theaffiliatedcompany. trust expressly provides to the contrary, a corpora-

tion doing a trust business may not buy or sell in-vestments from or to itself or any affiliated or sub-sidiary company or association.

Adds §48tto Chap. 80, SEC. 21. That chapter 80 of the Laws of 1917 beLaws 1917. amended by adding thereto a new section to be

known as section 48t to read as follows:Circulars, Section 48t. It shall be the duty of any corpora-letters anddata with tion which shall invest trust funds under sectionsrespect tosecurities. 48f, 48g, 48h, 48i, 48j and 48k of this act to retain

in its possession such circulars, letters or other datathat it may have acquired for the purpose of estab-lishing that the securities it has purchased complywith the requirements of the above sections untilthe next regular or special examination by the super-

Examina- visor of banking, deputy supervisor of banking ortion by banksupervisor any bank examiner, at which time it shall give theor deputy. eaiegv

person conducting the examination a list of all se-curities purchased by it under the above sectionssince the last examination, and at the same timeshall furnish him with the data above referred to tofacilitate the examination. Thereupon such exam-iner shall ascertain from such data whether or notsuch securities comply with the above provisions ofthis act. If the examiner is satisfied that thesecurities do comply with the above provisions heshall forward a statement to that effect to the super-visor of banking. If the supervisor shall be of the

548 SESSION LAWS, 1929. [CH. 206.

SESSION LAWS, 1939.

same opinion he shall forthwith give the corporationa statement to that effect, which shall be signed by 8te-ent of

the supervisor of banking or the deputy supervisorof banking, and thenceforward such statementshall be conclusive proof that the securities thereindescribed comply in all respects with the above pro-visions. If, in the opinion of the person conductingthe examination, the data furnished him by the cor-poration is insufficient to enable him to form an Paient.

opinion as to whether or not any security complieswith the above requirements he shall so notify thecorporation and further notify it that it shall obtainthe requisite data within a reasonable time fromsuch notification and forward it to the supervisor ofbanking.


CHAPTER 207.[H. B. 355.]

FOREST WASTE MATERIAL.

AN AcT relating to waste forest material, disposal and burningthereof and the issuance of permits and certificates in con-nection therewith, and amending Sections 5788-1 and 5792-1of Remington's Compiled Statutes, Supplement of 1927, andSection 5789 of Remington's Compiled Statutes.


SECTION 1. That section 5788-1 of Remington's Amends§i 5788-1,

Compiled Statutes, Supplement of 1927, as added Rem. Comp.Stat., 1927

by chapter 223 of the Laws of 1927, be amended to Sup.read as follows:

Section 5788-1. Anyone desiring to dispose ofthe refuse or waste forest material resulting fromlogging, clearing, or other operation on forest lands,

549OH. 207.]

Burningduring by burning during the closed season, may make writ-

easeodn. ten application to the state supervisor of forestry,or to any duly appointed and authorized warden or

Application. ranger, for a permit so to do. Every such applica-tion shall state the location and extent of the areasought to be burned over, and by whom the burningis to be done. Upon receipt of any such applicationthe state supervisor of forestry shall inspect, or shallcause to be inspected by a warden or ranger, thearea described in the application and no permit shallbe issued until after such inspection, and until the

Inspection party making the inspection is satisfied as a resultby warden patthissaor ranger. thereof that all requirements of law and of the rules

and regulations prescribed by.the director of thedepartment of conservation and development re-lating to fire fighting equipment and the work to bedone or precautions to be taken before commencingsuch burning, applicable to the particular area de-scribed in the application for the permit, shall havebeen complied with.

Any permit issued upon such an application andPermit, after such inspection, shall be effective only for the

time or period stated, but with respect to any firesstarted by the permittee within such period, shallbe conclusive evidence of the compliance by thepermittee with all laws, rules and regulations, ex-cept as shall be noted or endorsed upon the permitwhen issued. The compliance with the terms of thepermit and all laws, rules and regulations governing

Care of a teis o uhsaladbcareful and the issuance of such permit shall constitute, and beprudent man. deemed the exercise of the care of a prudent and

careful man with respect to the starting and controlof such fire.

SEC. 2. That section 5792-1 of Remington's

Ams Compiled Statutes, Supplement of 1.927, as addedReam.,omp- by chapter 223 of the Laws of 1927, be amended toSup. read as follows:

Section 5792-1. Whenever any fire hazard shallFire hazard. exist, or shall have been created by any logging or

ASSION LAWS, 1929.550 [CH. 207.

SESSION LAWS, 1929.

clearing operations, and whether the state super-visor of forestry shall have declared the same to bea fire hazard or not, and an effort shall have beenmade to remove or abate such fire hazard, an applica-tion may be made to the supervisor of forestry for ertificate

a certificate of clearance.As soon as practicable after the receipt of such Inspection

written request said state supervisor shall cause the area.

burned over area to be carefully inspected, and ifit is found that the said waste and debris has beenproperly disposed of or the fire hazard abated, thesaid supervisor shall issue a certificate of clearancein duplicate, one copy to be delivered to the appli-cant, and one copy to be retained in the records ofhis office. Each such certificate of clearance shalldescribe the slashing, chopping or other area onwhich the waste or other debris or fire hazard has Contents ofcertificatebeen satisfactorily disposed of with reasonable ac- of clearance.

curacy, by subdivision, section, township and range,shall give the approximate acreage of the area towhich the certificate applies, shall name the person,firm or corporation which created such slashing,chopping, waste material or fire hazard if known, andname the person, firm or corporation by whom suchburning was done, shall give the date on which sucharea was inspected and the name of the person mak-ing the inspection, and shall certify that in the opin-ion of the said inspector such waste forest materialor debris has been properly disposed of and the firehazard abated. Such certicate of clearance may beissued for any fraction or part of the area inspectedwhen the inspector finds that only such fraction orpart meets the requirements of satisfactory andlegal disposition of such waste material or debrisand of the abatement of such fire hazard.

Whenever the state supervisor of forestry shall Destruction.ofseed

determine that the burning of any area will result trees and

in the destruction of seed trees and second growth growth.

CH. 207.] - 551

SESSION LAWS, 1929.

and will be detrimental to the growth of a new forestcrop, and that burning such area will create agreater fire hazard than already exists, he may is-sue a certificate of clearance for such areas.

All such certificates of clearance shall be con-Certificate clusive evidence of the satisfactory and legal dis-conclusiveevidence. position and abatement of the waste material and

debris and the fire hazard created thereby to theextent in such certificate set forth; but any suchcertificate may be cancelled or set aside by the state

Cancellation supervisor of forestry for fraud or collusion in theofocertificate.

procuring for issuance thereof.

e9 Rem. SEC. 3. That section 5789 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:

Section 5789. No one shall burn any forest ma-terial or the waste or debris resulting from loggingor land clearing operations until such work shall

Work have been done in and around the slashing or chop-aroundarea to be ping and/or the area proposed to be burned over toburned. pigte posd

prevent the spread of fire therefrom as shall be re-quired to be done by the state supervisor of forestry,or any warden or ranger. The said supervisor orany warden or ranger may require the cutting of

Snags, such dry snags, stumps and dead trees within thestumps,dead trees. area to be burned, which in his judgment constitute

a menace or are likely to further the spread of firetherefrom.

When any person shall have obtained permissionMan to from the said supervisor, warden or ranger, to burnsuperviseburning. any slashings made for the purpose of clearing land,

the warden may, at his discretion, furnish him witha man to supervise and control the burning, whoshall represent and act for such warden, and shallhave all the power and authority of a warden whileengaged in such service, including the right to re-voke such permit, if in his opinion the burning au-thorized would endanger any valuable timber orother property. Such a man shall serve only until

552 [CH. 207.

SESSION LAWS, 1929.

such time as the party burning may be able to keepthe fire under control himself.

The said supervisor and wardens are hereby au- Employ-ment of

thorized and empowered to employ a sufficient men to

number of men to extinguish or prevent the spread- peading of

ing of any fires that may be in danger of destroyingany valuable timber or other property of the state.The said supervisor, or any warden by special au-thority of the said supervisor, may provide needed Toolsiandspplies.tools and supplies, and transportation when neces-sary for men so employed.

Every man so employed, and also the represen- Compensa-tion of men

tative of the warden supervising the burning, shall employed.

be entitled to compensation at a rate to be fixed bythe director of the department of conservation anddevelopment, and the warden shall issue a certificateto each man so employed showing the number ofhours worked by him and the amounts due to him,upon which, after approval by said supervisor, themen shall be entitled to receive payment from thestate in the manner provided for in section 5783.

Any person refusing to render assistance when Refusing

called upon by any warden, shall be guilty of a mis- eaner.

demeanor, and shall be punished by a fine of notless than ten dollars ($10.00) nor more than onehundred dollars ($100.00).


CH. 207.] 553

SESSION LAWS, 1929.

CHAPTER 208.[S. B. 248.]

OREGON LICENSE FUND.

AN ACT providing for the disposition of certain poundage taxesheld by the state treasurer in suspense.


SECTION 1. That the sum of $1,649.21 now heldin a suspense account in the "Oregon license fund"be deposited in and become a part of the state fish-eries fund in the state treasury.


CHAPTER 209.[S. B. 251.2

PRACTICE OF BARBERING.

AN ACT relating to the practice of barbering, providing for ex-amination and licensing therefor, providing for and regulat-ing barber schools and colleges in connection therewith, andamending Sections 2, 4, 6, 7, 10, 14 and 17 of Chapter 75 ofthe Laws of 1923, and further amending said chapter byadding thereto a new section to be known as Section 14-a,and repealing Section 11 of Chapter 75 of the Laws of 1923,and providing a penalty.


Amends §2. SECTION 1. That section 2 of chapter 75 of theChap. 75.Laws 1923. Laws of 1923 be amended to read as follows:

Section 2. It shall be unlawful for any personto follow the occupation of barber or practice as a

Unlawful to barber in any incorporated city or town in this state,practicewithout except as a student in a barber school or collegelicense.

554 [CH. 208-209.


or under a permit, as provided in this act, unless heshall first have obtained a license as provided inthis act.

SEC. 2. That section 4 of chapter 75 of the Laws Amends § 4,Chap. 75,

of 1923, as amended by section 4 of chapter 211 of Laws 1923.

the Laws of 1927, be amended to read as follows:Section 4. Any person who makes application Practice

pending ex-for an examination for a barber's license under this amination.

act, and who has practiced barbering for a period oftwo years within a period of five years prior to thetime he makes such application, shall be allowed topractice the occupation of barbering under a licensedbarber until the date of the next examination atwhich he is notified to appear; and a permit shall beissued to such person by the director of licenses, au-thorizing him to so practice said occupation under alicensed barber until the next barber's examination.An applicant who fails to pass any examination shallnot be entitled to the issuance of any further permit.

SEc. 3. That section 6 of chapter 75 of the Laws Amends 6,Chap. 75,


the Laws of 1927, be amended to read as follows:

Section 6. If an applicant shall pass a satisfac- Examina-tion passing

tory examination, making an average grade of not grade 75%.

less than 75o, and shall possess the other qualifica-tions required by law, he shall be entitled to receive,and the director of licenses shall issue to him, a li-cense which shall authorize him to practice the oc-cupation of barbering as provided by this act, untilthe first day of July next following the issuance ofsuch license.

SEC. 4. That section 7 of chapter 75 of the Laws Amends §7,Chap. 75,


the Laws of 1927, be amended to read as follows:Section 7. Every person who has heretofore

been granted, or shall hereafter be granted a licenseto practice the occupation of barber or of hair cut-

CH. 209.]

SESSION LAWS, 1929.

Barbers and igi eat rhihair cutters ting in any beauty shop or hair dressing establish-innusfees. ment within the State of Washington, shall, on or

before the 30th day of June each year pay an annuallicense fee of one dollar for the year commencingwith the first day of July next following, and uponthe payment of such renewal fee the director of li-censes shall issue to such licentiate a license renewalcertificate, which certificate shall be prima facie evi-dence that the same has been paid. The failure, neg-lect or refusal of any licensed barber, or hair cutterto pay said annual license renewal fee before de-linquency shall ipso facto work a forfeiture of hislicense, but such license may be renewed at any timeupon application therefor by the licentiate and pay-ment of a fee of five dollars to the state treasurer.

ACnd 1, SEc. 5. That section 10 of chapter 75 of theLaws 1923. Laws of 1923, as amended by section 7 of chapter 211

of the Laws of 1927, be amended to read as follows:Section 10. Applicants for a barber's license

neciprocity who have been examined and licensed by a statebetweenstates. board of barber examiners, or other licensing au-

thorities of another state or province, which, througha reciprocity provision in its law, similarly accordsholders of licenses from the director of licenses ofthis state the privilege to practice barbering withinits boundaries, upon payment of a fee of five dollarsto the state treasurer and on filing with the directorof licenses a copy of such license certified by thepresident or secretary of the board of barbers' ex-aminers, or licensing authority of such other state orprovince issuing the same, to be a full, true and cor-rect copy thereof, and showing also that the stand-ard of requirements adopted by such other state orprovincial board or licensing authority, as providedby law for such state or province, is equal to thatprovided by the provisions of this act, shall withoutfurther examination receive a license to practice bar-bering in this state until the first day of July next

556 [CaE. 209.

SESSION LAWS, 1929.

following the issuance of such license, and thereaftershall be permitted to continue the practice of barber-ing upon payment of the annual license renewal feeas provided in the case of persons licensed by exam-ination under this act.

SEC. 6. That section 14 of chapter 75 of the Amends § 14,Chap. 75

Laws of 1923, as amended by section 11 of chapter Laws 19 3.

211 of the Laws of 1927, be amended to read as fol-lows:

Section 14. Any firm, corporation or person de- Barberschool or

siring to conduct or operate a barber school or bar- college.

ber college in this state shall first secure from thedirector of licenses a permit to do so, and shall keep Permit.

the same prominently displayed. No barber schoolor college shall be issued a permit by the director oflicenses unless such school or college is financially Condition

responsible, and will be able in the judgment of the precedent.

director of licenses to carry out and perform anycontract made for the instruction of students therein.Such school or college shall instruct students therein Instruction.

in the practice of barbering, including shaving andcutting of the hair and beard, and the various serv-ices incident thereto, preparation and care of toolsused, sanitation as applied to barbering, and knowl-edge concerning the common diseases of the face andskin to avoid aggravation and spreading thereof inthe practice of barbering. Such school or college in chargeof licensedshall at all times while open and in operation be in .barber.

charge and under the direction of a barber dulylicensed under the provisions of this act, which saidlicensed barber shall devote his entire time to theinstruction of students therein and who shall at notime operate any particular barber's chair in suchschool or college, or practice any barbering thereinexcept while giving instructions to a student therein.Every such school or college shall at all times main-tain on each window therein, facing upon'any street, Window

a sign in plain letters at least six inches high com- signs-

CH. 209.] -557

SESSION LAWS, 1929.

posed of the words "barber school" or "barber col-lege," placed as nearly as practicable in the centerbetween top and bottom of any such window, and, ifdesired by the operator of such school or college, un-derneath these words, a sign with letters no greaterin size, composed of the words "shaving" and/or"hair cutting," giving the price charged; and suchschool or college shall not at any time keep or main-tain upon any of the windows or doors of such schoolor college any sign or words "barber shop," "expert

Revocationof license, barbering," or other similar words. The director

of licenses shall revoke the license of any school orcollege which shall violate any of the provisions ofthis act, or which shall fail to impart to each studentin such school or college the instruction herein re-quired.

Adds new SE. Ta oth A bsection to Ec. 7. That chapter 75 of the Laws of 1923 beChap. 75,Laws 1923. amended by adding thereto a new section to be

known as section 14-a, to read as follows:

Section 14-a. No person shall serve as a studentStudent in a barber school or college, as defined in this act,barber,certificate. without obtaining and holding an unexpired student

barber certificate, which shall be issued by the di-rector of licenses upon application and payment of

Fee. a fee of one dollar ($1.00) to the state treasurer.The certificate shall be valid for one year from thedate of its issue, and shall be subject to renewal an-nually thereafter upon payment. of a fee of one dol-

<iuaina- lar ($1.00). No student barber certificate shall betions.issued to any person who cannot read intelligentlyand write clearly the English language and who doesnot file with the director of licenses with his applica-tion a certificate of a physician and surgeon licensedunder the laws of this state, showing that such appli-cant is not afflicted with any contagious or infectiousdisease. Any person holding a student barber cer-tificate or renewal thereof, shall be entitled to take

558 [CK. 209.

SESSION LAWS, 1929.

the barber's examination upon payment of a fee offive dollars ($5.00).

SEC. 8. That section 17 of chapter 75 of the Amends § 17

Laws of 1923, as amended by section 12 of chapter Laws 1923.

211 of the Laws of 1927, be amended to read as fol-lows:

Section 17. Violation of the provisions of this Penaltiesfor violation.

act br of any rule or regulation made by the directorof licenses pursuant thereto, shall constitute a mis-demeanor, and upon conviction thereof shall be pun-ished by a fine of not less than ten dollars ($10.00)nor more than one hundred dollars ($100.00), or byimprisonment in the county jail not less than ten(10) days nor more than ninety (90) days, or byboth such fine and imprisonment.

SEC. 9. That section 11 of chapter 75 of the Statutesrepealed.

Laws of 1923, as amended by section 8 of chapterr211 of the Laws of 1927, is hereby repealed.


CHAPTER 210.[S. B. 256.]

QUARANTINE OF DOMESTIC ANIMALS.

AN ACT relating to, and providing for, the quarantine of domesticanimals for the prevention and eradication of diseases ofdomestic animals, and amending Section 11 of Chapter 165 ofthe Laws of 1927.


SECTION 1. That section 11 of chapter 165 of the A-nds

Laws of 1927 (section 3110-11, Rem. 1927 Sup.; sec- Rep 1927

tion 2031-31 Pierce's Code 1927 Sup.), be amended Pere'Code, 1927

to read as follows: Sup.

CH. 210.] 559.

SESSION LAWS, 1929.

animals to Section 11. It is hereby made the duty of the di-be examined o giutrand tested rector of agriculture of the state to cause all bovinefor tu ber- bculosis. animals within the state to be examined and tested

to ascertain whether or not the same are infectedwith tuberculosis, such tests and examinations to bemade under the supervision of the director of agri-culture by any duly authorized veterinarian in-spector of the department of agriculture, such teststo be made in such manner, and at such reasonableand seasonable times, and in such counties or local-ities as the director of agriculture may from time totime prescribe.

The giving of such tests and examinations shallcommence immediately upon the taking effect of thisact in any county or counties which the director of

Bovine agriculture may select. Provided, however, That theowne rs topetition twners of a majority of the bovine animals in anydirector.

county, as shown by the last assessment roll in suchcounty, may petition the director of agriculture tohave the bovine animals in the county of their resi-dence tested and examined forthwith, said petitionto be filed with the county auditor in the countywhere such animals are located, and it shall be theduty of the county auditor of such county immedi-ately upon the filing of such a petition to forward tothe director of agriculture a certified copy of suchpetition. The director of agriculture upon receipt

Tests to be of the first petition so filed shall immediately causemade.the bovine animals in such county to be tested, andtuberculin tests in other counties shall be madeunder the direction of the director of agriculture inthe order in which said petitions are filed as hereinprovided except when in the opinion of the director

Emergency. of agriculture an emergency exists, by reason of theoutbreak of contagious or infectious diseases of ani-mals, and in such event all or any portion of the tests,being conducted in the state may be suspended untilsuch time as the director of agriculture shall decide

560 [CH. 210.

SESSION LAWS, 1929.

that such emergency no longer exists, and in suchevent the testing and examinations herein mentionedshall be renewed.

In the event that no petitions to have tuberculintests of bovine animals made is filed with the countyauditor, as herein provided, or in the event that suchtests, in the counties having petitioned for such tests,as herein prescribed, are completed, the director ofagriculture shall designate in what counties or local-ities such tests shall be made.

Whenever the owner of any untested bovine ani- Quarantine

mal within the state refuses to have his bovine ani- of premises.

mal or animals tested then the director of agricul-ture may order the premises or farm on which suchuntested animal or animals is harbored to be put inquarantine, so that no domestic animal shall be re-moved from or brought to the premises quarantined,and so that no products of the domestic animals onthe premises so quarantined shall be removed fromthe said premises.

Every inspector and veterinarian of the depart- Inspectorsand veter-

inent of agriculture making examinations and tests, inarian.

as provided in this section, shall be a veterinarianduly licensed to practice veterinary medicine, surg-Seiy and dentistry in this state and shall, before mak-ing any examination and test, furnish and file withthe department of agriculture a good and sufficientbond in the penal sum of two thousand dollars ($2,- Bond.

'000.00), payable to the State of Washington, condi-tioned that he will faithfully and honestly performand discharge any work which he is authorized to-undertake under this act: Provided, That the veter-inary inspectors of the United States bureau of ani- Ti. S. veter-

mnarYnial industry may be appointed by the director of inspectors.

agriculture to make such examinations and tubercu-lin tests as herein provided, and when so employedthey shall act without bond or compensation, andshall possess the same power and authority in this

CH. 210.] 561.

SESSION LAWS, 1929.

state as a veterinary inspector of the department ofagriculture.

Should the owner or owners of any bovine ani-Owners to mals desire to select a duly licensed and accreditedselectveterinarian. veterinarian, approved by the director of agricul-

ture, for making such examination and tests in ac-cordance with the provisions of this act, the owneror owners shall pay all expenses in connection withsuch examination and tests.


CHAPTER 211.[S. B. 268.]

DRAINAGE AND DIKING IMPROVEMENT DISTRICTS.

AN AcT relating to drainage improvement districts and dikingimprovement districts and providing for the issuance of re-funding bonds therein.


SECTION 1. Whenever any bonds of any dikingBonds district, drainage district, or diking or drainage im-payable:

provement district of this state shall become payableand the board of county commissioners shall deter-mine that it will be for the best interests of the own-ers of the lands included in such district to issue re-funding bonds and to levy an assessment to meet the

Refunded. same they may levy such assessment and fix the timefor the payment thereof at either ten or fifteen years,and fix the installments in which such assessmentshall be paid as provided for the payment of assess-ments for the costs of construction under the pro-visions of chapter 176 of the Laws of 1913, and actsamendatory thereof; and they may issue refunding

[CH. 211.562


bonds of the district in the manner hereinafter pro-vided, to provide funds with which to pay such out-standing bonds then payable.

If such refunding bonds are to be deposited with, Used for

and the refunding loan to be procured from, the loan fromUnited

United States, pursuant to any act of the Congress States.

of the United States, the assessment to support saidrefunding bonds may be spread over such period ofyears, exceeding 15 and not exceeding 40, and shallbecome due in such installments, and bear such in-terest or no interest, as shall be required by theproper official of the United States or by said act ofCongress; and the bonds shall be payable in suchseries, and at such times, and shall bear such rate ofinterest, or no interest as may be prescribed by suchofficial of the United States or by such act of Con-gress. The board of county commissioners shallhave power to contract for the sale of said bonds to Sale to U. S.

the United States, and to procure a refunding loanfrom the United States, on such terms and undersuch regulations as the proper official of the UnitedStates or such act of Congress may prescribe; and itshall not in such case be necessary to sell such re-funding bonds at public sale.

In case no sale of such refunding bonds can be Exchangefor outstand-

made on more advantageous terms,. the county coming bonds.

missioners may exchange such refunding bonds ofthe district at not less than par value and at notwore than the rate of interest of the old bonds foran equal amount of the outstanding bonds of saiddistrict.

SEC. 2. The board shall determine the amount Assessmentnecessary to

of the assessment necessary to be levied to provide be eer-

funds to liquidate the bonds of the district then pay-able, including all bonds whose holders may consentto their payment before they are due, and shall causesuch assessment to be apportioned to the lands ofthe district in proportion to the original assessment

OCn. 211.]

for construction costs of said district, and shall causeAssessment to be prepared an assessment roll showing the as-

sessment apportioned against each tract, lot andparcel of land to be assessed and shall file such roll

Resolution. with the clerk of the board. Thereupon the boardshall adopt a resolution which shall set forth:

Outstanding 1. A schedule showing the bonds outstandingbonds.

against the district then payable which they proposeto refund, and the assessment necessary to be leviedto provide funds for the payment thereof.

Assessment 2. That the assessment roll for the collection ofroll open toinspection, the assessments proposed to be levied against the

lands of the district is on file with the clerk of theboard and open to the inspection of all persons in-terested.

Installments. 3. That the commissioners propose to levy suchassessments for collection in installments accordingto the schedule attached thereto.

Schedule. 4. A schedule showing the installments in whichsuch assessments are to be paid.

Payment. 5. That the assessments contained in such as-sessment roll may be paid in full at any time priorto the expiration of thirty days after such assess-ment roll shall have been turned over to the treas-urer for collection and he shall have published anotice to that effect, and that all assessments not sopaid shall thereafter bear interest until due at a rateto be fixed therein.

outstanding. 6. That the commissioners propose to issuebonds under the provisions of chapter 176 of theLaws of 1913, and acts amendatory thereof, or other-wise, as stated in section 1 hereof, payable in..........years (to be stated in the resolution), to refund suchoutstanding bonds then payable.

Date forsithearing. 7. A date which shall be not more than sixty nor

less than thirty days from the date of the adoptionof such resolution, on which the board will hear any


SESSION LAWS, 1929.

objections offered to the proposed levy and issuanceof refunding bonds, or to the assessment roll pre-pared by the commissioners.

SEC. 3. Upon the preparation of the roll and Publicationof notic e

the adoption of the resolution, the clerk of the board of hearing.

shall cause to be published in two successive weeklyissues of the county official newspaper, a notice con-taining a copy of the resolution and stating that onthe date fixed therein for the hearing the board willmeet and hear any objection offered to the proposedlevy of the assessment or to the issuance of refund-ing bonds or to the assessment roll or any assess-ment therein contained; and stating that all personsinterested may file any objection they may have tothe proposed levy or issuance of bonds or the assess-ment roll with the board of commissioners prior tothe date fixed for such hearing. The last publicationof such notice shall not be less than ten days priorto the date fixed for such hearing.

SEC. 4. The board shall meet on the day fixed Hearing.

in the notice or to which the hearing may have beenadjourned, and shall consider all objections which Objectionsconsidered.shall have been filed, and may modify any action asproposed in said resolution; and may correct anyerrors in the assessment roll and shall confirm theroll as corrected and shall levy the assessments Roll

therein contained for collection as prescribed in theresolution or as finally adopted and shall enter anorder confirming said roll.

Upon the confirmation of the assessment roll and Confirnat ion

the levy of the assessments therein contained, theboard shall cause the clerk to attach thereto a copyof the resolution and certify such roll and resolutionand turn the assessment roll over to the countytreasurer for collection in accordance with the res-olution attached thereto.

CH. 211.] .565

If before or at the hearing herein provided forObjections protests have been filed by the owners of landsby 60% ofowners. bearing more than sixty per cent of the new assess-

ment in the district objecting to the proposed levyand issuance of bonds, the board shall enter an orderdismissing the proceedings and shall charge the costthereof to the district as a maintenance charge.

SEc. 5. As soon as the assessment roll has beenCollection turned over to the treasurer for collection, he shallof assess-ment roll, publish a notice in the official newspaper of theNotice county, once a week for at least two successivepublished, weeks, that the said roll is in his hands for collection

and that any assessments therein or any portion ofany such assessments may be paid at any time on orbefore a date stated in such notice, which date shallbe thirty days after the date of the first publication,without interest. All assessments levied as providedherein, which shall not be paid within thirty days asherein provided for shall be collected in the mannerprovided for the collection of assessments levied topay the costs of construction in drainage improve-ment districts, and all the provisions of chapter 176of the Laws of 1913, and acts amendatory thereof,shall govern the collection of such assessments sofar as the same shall be applicable.

SEc. 6. Upon the expiration of thirty days fromSale of the first publication of the notice given by the treas-refundingbonds. urer as provided herein, the board of county com-

missioners may issue and sell refunding bonds of thedistrict, payable as determined by them in theirresolution, in the manner provided for the issuanceof bonds to pay the costs of construction in drainageimprovement districts; and all the provisions of lawgoverning the issuance, sale and payment of suchbonds shall govern the issuance, sale and payment ofthe bonds herein provided for, except as limited insection 1 hereof.

566 SESSION LAWS, 1929. [CH. 211.

SESSION LAWS, 1929.

SEC. 7. The proceeds of all assessments paid roces of

within the thirty-day period herein provided for, and and s

the proceeds of the sale of all refunding bonds, shall bonds.

be paid into a proper fund to be established in thecounty treasury, and shall be applied to the pay-ment of all outstanding bonds then due in the Payment of

outstandingmanner in which such bonds are required to be paid bonds.

by the law under which they were issued, and suchbonds shall be called and paid accordingly. The pro-ceeds of all payments of assessments paid after theexpiration of thirty days from the first publicationof the notice given by the treasurer as herein pro-vided, shall be paid into a fund to be established inthe county treasury, to be known as the "refundingbonds redemption fund," and shall be applied to thepayment of such bonds as provided by chapter 176of the Laws of 1913, and acts amendatory thereof.

SEC. 8. The assessments contained in the orig- Originalassessments

inal assessment roll of the district shall be satisfied cancelledpro rata.

and cancelled pro rata by the county treasurer tothe amount of the principal of the old series of bondsthat are thus retired.

The proceeds arising from the collection of theremainder of the assessments on the original assess-ment roll of the district shall be applied to the pay-ment of the bonds of the original issue that are notthus retired.

SEc. 9. The powers and duties of the board of Suplementaiand reassess-

county commissioners to make supplemental assessments.

ments or reassessments against the lands of the dis-trict to make up deficiencies arising in certain cases,as now provided by law, shall be in no wise curtailedby this act, but shall continue to be in full force andeffect after such refunding proceedings shall havebeen had.


OH. 211.]567

,'SESSION LAWS, 1929.

CHAPTER 212.[S. B. 272.]

BONDS OF CITIES OF THE FIRST CLASS.

AN ACT relating to the issuance of bonds of cities of the firstclass, defining the powers and duties of certain officers inrelation thereto, prohibiting the duplication thereof andprescribing penalties for violations thereof.


SECTION 1. The mayor of any city of the firstMayor, class and also the city comptroller and city clerk ofcomptrollerand clerk any suc city, may severally designate one or moremay desig-nate bonded bonded persons in the manner provided in this act,person to bne esn ntemne rvddi hsataffix their wos hsignatures. who shall have authority to affix the signature of the

officer making such designation to any bond orbonds, which by law or by any city ordinance are re-quired to be signed by said officers or any of them,respectively, whether the same constitute obliga-tions of the city as a whole or of any local improve-ment or other district or subdivision thereof, andwhether or not such bonds call for payment fromthe general funds of such city or from any local,special or other fund, and whether negotiable orotherwise. When the signature of such officer is soaffixed to any such bond or bonds pursuant to suchdesignation, during the continuance in office of theofficer making such designation and before any re-vocation of such designation, such bond or bondsshall be in all respects as binding on the city andon all concerned as if signed by such officer in per-son.

SEC. 2. Whenever any such officer desires to des-City council ignate a person for said purpose, such officer shallto benotified. address a written notice to the city council or other

governing body giving the name of the person whomhe has selected therefor and stating, either generallyor specifically, what bond or bonds such person shall

'568 [CH. 212.

SESSION LAWS, 1929.

have authority to sign. Attached to, or included in, iga

such notice shall be a written signature of the officer submitted.

making such designation, executed by the person sodesignated, with the signature of the person so de-signated underneath preceded by the word "By":Provided, That if so stated and appearing in suchnotice, the name of such officer for his signatureupon any such bond or bonds may be a fac simile re-production of such officer's own signature impressedby some mechanical process followed by the word praicae"By" and the original signature of the bonded per-son so designated by such officer. If such authorityis intended to include authority to sign any bond orbonds bearing an earlier date than the effective dateof such notice, such notice shall specify such prior-dated bond or bonds by reasonable refer*ence. Suchnotice shall be filed in the office of the city comp-troller or city clerk, together with the signaturesattached thereto, and shall be recorded in the journalof the city council, or other governing body, andshall be effective from the time of such recording,which recording may be made by the official keepingsuch records at any time after the filing of the same,even during a period of recess or adjournment of thebody to which the same is addressed. With suchrecord there shall be a notation of the date of mak-ing the same. Any such designation may be revoked Revocation.

by written notice signed by the officer who has madesuch designation, addressed to the city council, orother governing body, and filed and recorded in likemanner and such revocation shall be effective fromthe time of such recording, but shall not affect thevalidity of any signature theretofore validly made.

SEC. 3. Any such officer authorizing the affixing Liability ofofficer.

of his signature in the manner provided in this actshall be subject to the same liability, personally andon his official bond, for any signature so affixed, to

CH. 212] 569

the same extent as if such signature had been affixedby himself in person.

SEc. 4. In the case of coupons attached to anyCoupons, of the bonds referred to in section one (1) of thisfac similesignature act, the signature or signatures of any of said officers

on any such coupons shall be lawful and sufficient ifa fac simile reproduction of such officer's own sig-nature is printed, lithographed or engraved on suchcoupons without further authentication thereon, andas to signatures on coupons no compliance with theprovisions of section two (2) of this act shall be re-quired.

SEc. 5. Nothing in this act shall be construed asDeputies not requiring the appointment of deputies of city comp-

trollers or of city clerks in cities of the first class tobe made in. accordance with the provisions of thisact, so far as concerns signatures or other doingswhich may be lawfully made or done by any suchdeputy under the provisions of any other law.

SEC. 6. The officer whose duty it shall be to cause

ondser of any bonds to be engraved, printed or lithographeddesignated. shall specify in a written order, or requisition de-

livered to the engraver, printer or lithographer thenumber of bonds to be engraved, printed or litho-graphed and the manner of numbering the same.

Every person, firm or corporation engraving,Felony to printing or lithographing any bonds pursuant toprint mo0re.

such order or requisition who shall engrave, printor lithograph a greater number of bonds than thatspecified in the order or requisition, or who shallengrave, print or lithograph more than one bondof the same number, shall be guilty of a felony.


570 SESSION LAWS, 1929. [CH. 212.

SESSION LAWS, 1929.

CHAPTER 213.[S. B. 186.]

DAIRYING AND DAIRY PRODUCTS.

AN ACT relating to dairying, and products thereof, amending Sec-tions 6164, 6165, 6178, 6186, 6193, 6203, 6206, 6210, 6211, 6215,6222, 6232, 6267, 6268 and 6282 of Remington's Compiled Stat-utes, and repealing sections 6269, 6270, 6271, 6272, 6273, 6274,6279 and 6281 of Remington's Compiled Statutes.


IAmendsSECTION 1. That section 6164 of Remington's 6164 Rem.

Compiled Statutes be amended to read as follows: Comp. stat.

Section 6164. That for the purpose of this act Definitions.

certain words, terms and expressions therein con-tained shall be construed as follows:

The term "dairy" shall mean any place where Dairy.

milI from one or more cows or goats is produced forsale.

The term "creamery" shall mean any place, Creamery.

building or structure wherein milk or cream ismanufactured into butter for sale.

The term "milk plant" shall mean any place, Milk plant.

building or structure wherein milk is received forbottling, pasteurizing, clarifying or otherwise pro-cessing.

The term "cheese factory" shall mean any place, Cheese

building or structure wherein milk is manufacturedinto cheese.

The term "factory of milk products" shall mean Factory ofmilk

any place, building or structure, other than a products.

creamery, milk plant, cheese factory, or milk con-densing plant, wherein milk or any of its productsis manufactured, altered, changed or compoundedinto any article, compound or product designed andintended for human consumption.

The term "milk" shall mean the fresh, clean, Milk.

lacteal secretion obtained by the complete milking

CHi. 213.] 571

SESSION LAWS, 1929.

of one or more healthy cows or goats, properly fedand kept, and not obtained or taken within ten dayspreceding the parturition of such cow or cows, goator goats, nor within five days thereafter, and whichcontains not less than eight and fifty one-hundredthsper cent of milk solids, exclusive of fat, and not lessthan three and twenty-five one-hundredths per centof milk fat: Provided, however, That nothing inthis act shall prohibit the sale to creameries, cheesefactories, milk plants or factories of milk productsof the whole unadulterated milk from any cow orgoats whose milk tests below the butter fat standardherein fixed.

The term "skimmed milk" shall mean any milkmel from which the cream has been removed, or which

contains less than three and twenty-five one-hun-dredths per cent of butter fat, and not less thaneight and eight-tenths per cent of milk solids ex-clusive of fat.

The term "sterilized milk" shall mean milk thatmt.e has been heated under six pounds of steam pressure

and maintained at such temperature not less thantwenty minutes, which shall be sufficient to kill allorganisms present in such milk.

The term "blended milk" shall mean milk whichBlended

dek 8is modified in its composition so as to have a definiteand stated percentage of all its constituents and notless than eight and eight-tenths per cent of milksolids exclusive of fat.

dThe term "condensed milk," "evaporated milk"condensed and "concentrated milk," and each or either ofmilk, evapo-rated milk, them, shall mean the product resulting from theconcentratedmilk. evaporation of a considerable portion of the water

from the whole, fresh, clean, lacteal secretion ob-tained by the milking of one or more healthy cowsor goats, and not obtained within ten days beforenor within five days after parturition, and whichcontains, all tolerances being allowed for, not less

572 [CH. 213.

CH. 213.] SESSION LAWS, 1929. 573

than twenty-five and five-tenths per cent of totalsolids and not less than seven and eight-tenths percent of milk fat.

The words "condensed milk" when used in this Cqndensed

act, not in connection with "sweetened condensedmilk" shall include condensed milk to which sucrosehas been added.

The term "condensed skimmed milk," "evapor- Condensedskimmed

ated skimmed milk" and "concentrated skimmed milk,evaporatedmilk, " and each or either of them shall mean the siiluned

cnetratedproduct resulting from the evaporation of a con- skimcn aed

siderable portion of the water from skimmed milk, milk.

and which contains, all tolerances being allowed for,not less than eighteen per cent of milk solids.

The term "sweetened condensed milk," "sweet- oweneened evaporated milk" and "sweetened concentrated s"e 'tenedmilk, and each or either of them, shall mean con- eporated

sweeteneddensed milk conforming to the standards and defini- concentrated

milk.tions of this act, to which sugar (sucrose) has beenadded.

The term "sweetened condensed skimmed milk," codeted9, 4 skimmed

sweetened evaporated skimmed milk" and "sweet- milk,sweetened

ened concentrated skimmed milk," and each or evaporatedskimmed

either of them, shall mean the product resulting iltenedfrom the evaporation of a considerable portion of onkntrated

the water from skimmed milk, to which sugar (suc-rose) has been added, and which contains, all toler-ances being allowed for, not less than twenty-eightper cent of milk solids.

The term "dried milk" shall mean the product Dried milk.

resulting from the removal of water from milk, andwhich contains, all tolerances being allowed for, notless than twenty-six per cent of milk fat and notmore than five per cent of moisture.

The term "dried skimmed milk" shall mean the Driedskimmed

product resulting from the removal of water from milk.

skimmed milk and which contains, all tolerances

being allowed for, not more than five per cent ofmoisture.

Malted milk. The term "malted milk" shall mean the productmade by combining whole milk with the liquidsseparated from a mash of ground barley malt andwheat flour, with or without the addition of soliumchloride, sodium bicarbonate, or potassium bicar-bonate, in such manner as to secure the full enzymicaction of the malt extract, and by removing water,and which contains not less than seven and one-halfper cent of butter fat and not more than three andone-half per cent of moisture. .

Buttermilk, The term "buttermilk" or "cultured buttermilk"culturedbuttermilk. shall mean that portion of the milk which remains

after the separation and removal therefrom of thebutter fat and may contain not to exceed one-halfof one per cent of gelatine.

Creamedbuttermilk, The term "creamed buttermilk" or "cream but-buttermilk. termilk" shall be the same as above defined and to

which enough butter fat has been added so as tocontain not less than three and twenty-five one-hun-dredths per cent.

Ice-cream. The term "ice-cream" shall mean the frozenproduct made from the combination of milk fats,.milk solids, and sugar, with or without harmlesscoloring or flavoring matter, and with or without theaddition of pure gelatine or vegetable gums, andwhich contains not less than ten per cent of milkfats, and not less than twenty per cent of milk fatsand milk solids, not fat, combined.

Fruitice-cream. The term "fruit ice-cream" shall mean the frozen

product made from the combination of milk fats,milk solids, and sugar, with or without harmlesscoloring or flavoring matter, and with or without theaddition of pure gelatine or vegetable gums, and towhich has been added sound, clean and mature fruitsand which contains not less than ten per cent of milk

574 SESSION LAWS, 1929. [CH. 213.

fat, and not less than twenty per cent of milk fatsand milk solids, not fat, combined.

The term "nut ice-cream" shall mean the frozen uteream.

product made from the combination of milk fats,milk solids, and sugar, with or without harmlesscoloring or flavoring matter, and with or without theaddition of pure gelatine or vegetable gums, and towhich has been added sound, clean and non-rancidnuts, and which contains not less than ten per cent.of milk fat and not less than twenty per cent of milkfat and milk solids, not fat, combined.

The term "ice milk" shall mean the frozen pro- Icemilk.

duct made from the combination of pure, sweet milkand sugar, with or without harmless coloring orflavoring matter, and containing not less than threeand twenty-five one-hundredths per cent of milk fat,and not more than six-tenths of one per cent ofpure and harmless vegetable gum or gelatine.

The term "milk fat" and "butter fat," and each terfat.

or either of them, shall mean the fat of milk havinga Reichert-Meissel number not less than twenty-four,and a specific gravity not less than .905 at a tem-perature of forty degrees centigrade.

The term "cream" shall mean that portion of Cream.

milk rich in butter fat which rises to the surface onstanding, or is separated from it by centrifugalforce, and which is fresh and clean and contains notless than eighteen per cent of milk fat.

The term "butter" shall mean the clear, non- Butter.

rancid product made by gathering in any mannerthe fat of fresh or ripened milk or cream into a masscontaining not less than eighty per cent of milkfat, and which also contains a small portion of othermilk constituents with or without harmless coloringmatter.

The term "renovated butter" shall mean butter Renovatedbutter.

that has been reduced to a liquid state by meltingand drawing off such liquid or butter oil, and has

575SESSION LAWS, 1929.OH. 213.]

.SESSION LAWS, 1929.

thereafter been churned or manipulated in connec-tion with milk, cream or other product of milk.

Reworked . The term "re-worked butter" shall mean thebutter.product obtained by mixing, rechurning or re-work-ing butter manufactured on different dates or atdifferent places: Provided, however, That the mix-ing of the clean, fresh trimmings or remnants fromone day's churning or cutting with butter from thechurning of the same creamery on the day next fol-lowing shall not make the product re-worked butterwithin the meaning of this act.

Milkn. The term "milk products" shall mean and in-products.

clude each, every and any article, substance, productor compound manufactured, produced or com-pounded from milk, whether such milk conform tothe standard and definitions set forth in this sectionor not.

iroducts. The term "milk by-product" shall mean any andall products of milk derived or made therefrom afterthe removal of the milk fat or milk solids in the pro-cess of making butter or cheese, and shall includeskimmed milk, buttermilk, whey, casein and milkpowder.

Cheese. The term "cheese" shall mean the sound, solid,and ripened product made from milk or cream bycoagulating the casein therein with rennet, lacticacid or pepsin with or without the addition of ripen-ing ferments and seasoning, and with or withoutsalt or harmless coloring matter.

Full cream The term "full cream cheese" or "full milkcheese, fullmilk cheese. cheese", and each or either of them, shall mean

cheese which contains in the water-free substancethereof not less than fifty per cent of milk fat.

Half skimcheese. The term "half skim cheese" shall mean cheese

which contains in the water-free substance thereofless than fifty per cent and not less than twenty-fiveper cent of milk fat.

576 [CH. 213.

SESSION LAWS, 1929.

The term "skim cheese" shall mean cheese which Skim cheese.

contains in the water-free substance thereof lessthan twelve per cent of milk fat.

The term "quarter skim cheese" shall mean Quarterskim cheese.

cheese which contains in the water-free substancethereof less than twenty-five per cent and not lessthan twelve per cent of milk fat.

The term "imitation cheese" shall mean any Imitationcheese.

article, substance or compound, other than that pro-duced from pure milk or from the cream from puremilk, which shall be made in the semblance of cheese,and designed to be sold or used as a substitute forcheese made from pure milk or cream: Provided,however, That the use of salt, rennet, lactic acid, orpepsin, and harmless coloring matter for coloringthe product of pure milk or cream shall not be con-strued to render such product an imitation, andProvided further, That nothing in this section shallprevent the use of pure skimmed milk in the manu-facture of cheese. *

The term "whey" shall mean the product remain- Whey.

ing after the removal of fat and casein from milkin the process of cheese making.

The term "oleomargarine" shall mean all manu- oleo-factured substances, extracts, mixtures or com-pounds, including mixtures or compounds with but-ter, heretofore known as oleomargarine, oleo, oleo-margarine oil, butterine, lardine, suine, and neutral,and shall include all lard and tallow extracts and allmixtures and compounds of tallow, beef fat, suet,lard, lard oil, intestinal fat and offal fat made inimitation or semblance of butter, or calculated or in-tended to be sold as butter or for butter.

The term "substitute butter" shall mean and Substitutebutter.

include all compounds of vegetable oils with milkfats or milk solids, and all compounds of milk fatsor milk solids with butter, when such compound con-tains less than eighty per cent of milk fat.

-19

Cii. 21:3.] 577

Person. The term "person" shall import both and sin-gular and plural as the case may demand, or as shallbe applicable, and shall include individuals, co-part-nerships, corporations and unincorporated societiesand associations.

Amed SEc. 2. That section 6165 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:Dairy, Section 6165. A dairy shall be deemed insani-insanitary.

tary in the following cases:Drinking (a) If the drinking water provided for the

cows or goats therein be stagnant, polluted withmanure, urine, drainage, or decaying vegetable oranimal matter.

Yards filthy. (b) If the yards or enclosures in which thecows or goats are confined or kept be filthy or in-sanitary.

Manure (c) If any part of the yards or enclosures inin yard.

which the cows or goats are confined or kept, otherthan pastures, be made depositories of manure inheaps, or otherwise, where it is allowed to fermentand decay.

Suitable milk house or milk room is notmilk house, ()I utbeml os rml omi omilk room. provided and maintained, properly screened to ex-

clude flies and insects, for the purpose of cooling,mixing, bottling, canning, keeping or separating themilk or cream. Such milk house or milk room shallnot be located in, or be a part of, any barn or poultryhouse, and shall not be used for any other purposewhatsoever, and if contained in any building orstructure in which any business, occupation or trade,other than handling, bottling or processing milk isconducted or carried on, such milk room shall beseparated from the portion or portions of such build-ing or structure in which such business, trade oroccupation is conducted or carried on, by a tightlyceiled or plastered partition constructed in suchmanner as to meet with the approval of and comply

578 SESSION LAWS, 1929. [CH. 213.

SESSION LAWS, 1929.

with any regulations issued by the department ofagriculture.

(e) If milk or cream shall be cooled, stored,. Milk storedin sleeping

mixed, bottled, canned or kept in any room or place room.

occupied by any person as a sleeping or living apart-ment, or occupied by horses, cows, hogs or otheranimals, or by fowl of any kind.

(f) If any urinal, privy vault, open cesspool, Privy vault,

pig pen, stagnant water, accumulation of manure, orother filth shall be permitted within one hundredfeet of such milk house, or milk room or within fiftyfeet of any cow stalls or stanchions, or other placewhere milking is done.

(g) If the walls or floor of such milk house or Walls andfloors of milk

milk room shall become soiled with manure, urine, house.

dirt or other filth.(h) If an application of lime whitewash or paint Whitewash,

paint.

to the interior of any cattle stable, barn or milkingshed in which cows or goats are kept or milked, orany milk house or milk room in which milk is cooled,stored, mixed, bottled, canned or kept, shall not bemade as often as once in one year, and if three (3)square feet of window light per cow or goat are notprovided.

(j) If the milking machines, pails, cans or other Milking. machines,

containers of milk, or the strainers or coolers com- containers,sterilized.

ing in contract [contact] with the milk are notthoroughly cleansed and sterilized with. boilingwater or live steam each and every time the sameare used. Such washing and sterilizing shall be donein the milk room.

(k) If the person or wearing apparel of the wearingapparel of

dairyman, or his employees, or other persons coming diryman,

in contract [contact] with milk and its products, areallowed to become soiled, or are not washed fromtime to time with reasonable frequency.

(1) If the milking stools are not kept clean.(m) If there shall be permitted to exist any

CH. 213.] 579

Conditions other cause or thing calculated or tending to renderrenderingmilk unclean,thimpure, etc. milk or its products in such dairy unclean, im-

pure and unhealthy.Water under (n) If the floor of such cattle stable, barn orfloors.

milking shed in which cows or goats are kept ormilked, or any milk house or milk room in whichmilk is cooled, stored, mixed, bottled, canned or kept,is so constructed, or in such condition, as to permitthe flowing or soaking of water, milk or otherliquids underneath such floor, or among the inter-stices of such floor in such manner as to permit fer-mentation or decay to take place.

Dairy closed. For failure to comply with the above regulationsa dairy may be closed until such time as the regula-tions have been complied with, and it shall be un-lawful to sell milk or dairy products from a closedor insanitary dairy.

67 dRem. SEC. 3. That section 6178 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:Pasteurizing Section 6178. Every pasteurizing plant or ap-plant.

paratus by which the process of pasteurizing is ap-plied to any milk, skimmed milk or cream, shall be

Registering equipped with a registering thermometer devicethermometerdevice. which will accurately indicate and record the tem-

perature and the time of holding at such tempera-ture of such milk, skimmed milk or cream.

Amends SEc. 4. That section 6186 of Remington's Com-§ 6186 Rem.Comp. Stat. piled St'atutes be amended to read as follows:Sampler's Section 6186. No person holding a sampler'slicense-

faudlent license shall take, extract or return to any creamery,milk plant, cheese factory or factory of milk pro-ducts, any unfair, fraudulent or manipulated sampleof any cream or milk purchased, received, hauled,sold or delivered.

Amends S§ 6193 Rem. SEc. 5. That section 6193 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:

Section 6193. No person, firm or corporationshall convey, transport or carry any milk, skimmed


SESSION LAWS, 1929.

milk, buttermilk or cream in any manner for the Vendor'slicense.

purpose of selling or vending the same within thestate or sell or vend any milk, skimmed milk, butter-milk or cream in any such manner within the state,unless such person, firm or corporation shall havefirst obtained a milk vendor's license therefor.

SEC. 6. That section 6203 of Remington's CoM- Amends§ 6203 Rem.


Section 6203. The department of agriculture Statistics,report.

shall provide blanks for reporting statistics of theproduction of milk and milk products. The depart-ment shall when it deems necessary, but at leastannually, on or before the first day of January of Forms

provided.each year cause to be mailed to the owners or opera-tors of all creameries, cheese factories, milk plants,milk condensing factories, factories of milk products,and to all milk vendors and milk dealers, one ormore of such blanks. All such persons shall duringthe thirty days next following transmit to said de-partment such blanks properly filled out and signedby such person and showing a full and accurate re-port of the amount of milk, cream, butter, cheese,ice-cream, ice milk, buttermilk, skimmed milk, orother milk produce received, produced, manufac-tured or distributed during the required period asset forth by the department. The words "milk ven-dor" or "milk dealer" shall mean any person, firmor corporation who sells, vends, furnishes or de-livers milk, skimmed milk, buttermilk or cream inany manner.



Section 6206. No oleomargarine, substitute but- Oleo- .margarine,

ter, renovated butter, or any other substance de- substitutebutter,

signed as an imitation of or substitute for butter or eunated

any condensed milk from which the butter fat hasbeen removed and a vegetable or other oil has beensubstituted therefor shall be used in any of the

CH. 213.] 581

SESSION LAWS, 1929.

educational, charitable hospital, medical, reforma-tory or penal institutions maintained by the state orwhich receives from the state any money, appropria-tion or financial assistance whatsoever.

Amends oTa l f ~ '§ 6210 Rem. SEc. 8. That section 6210 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:

Section 6210. No person, firm or corporationshall sell, expose or offer for sale, or exchange with,present or deliver to any creamery, milk plant,cheese factory, milk condensing factory, factory of

Unclean, milk products, or other buyer or consumer of milkunwholesome,adulterated, or milk products, any unclean, unwholesome, adul-stale, or im-pure k- terated, stale or impure milk, cream, butter or otherunot to be eaesaeoimuemlcembutrrohrsold. milk product: Provided, That milk, cream or milk

products when found to be rancid or in such condi-tion as to be unfit for human consumption may be

Condemned. condemned, destroyed or rendered unfit for humanfood.

m Rem. EC. 9. That section 6211 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:

Section 6211. No person, firm or corporationshall knowingly sell, expose or offer for sale, pre-sent, exchange with or deliver to any creamery, con-sumer, milk plant, cheese factory, milk condensingfactory, factory of milk products, or any other buyeror consumer of milk or milk products, any milk, orany cream, skimmed milk, buttermilk, butter, ice-cream, ice milk, cheese, condensed milk or other milk

Diseased product made or manufactured from milk producedcows orgoats. from cows or goats affected with any disease, or

herds of cows or goats the owners of which have re-fused officials the right to examine or test for dis-eased conditions, or that was produced within tendays preceding pat-turition or within five days there-after.

Amends§ 6215 Rem. SEC. 10. That section 6215 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:Milk and Section 6215. All milk and sweet cream shall besweet creamto be cooled, cooled in the dairy where it is produced to a tem-

582 [Cu. 213.

SESSION LAWS, 1929.

perature of not more than fifty-five degrees Fahren- Tempera-

heit within thirty minutes after the same is drawnfrom the cows or goats, or separated, and shall notbefore being delivered to the milk plant, creamery,cheese factory, factory of milk .products, or otherplace where the same is to be distributed, bottled,pasteurized or manufactured be permitted to reacha temperature above sixty degrees Fahrenheit, andall such milk and cream shall thereafter be main-tained at a temperature not to exceed fifty degreesFahrenheit until delivered to the consumer: Pro-vided, Nothing in this section shall be deemed ap-plicable to milk or cream while being pasteurized.

SEC. 11. That section 6222 of Remington's Com- Amends§ 6222 Rem.


Section 6222. No person, firm or corporation Containercleaned

shall fill any bottle or other commercial container andsterilized.

with milk, skimmed milk, buttermilk, cream, ice-cream, or ice milk until such bottle or other containerhas been cleansed and sterilized with live steam orboiling water for twenty minutes.



Section 6232. Any milk or sweet cream which Impure andinfected milk

shall not be free from foreign substances, coloring erasweet

matter or preservatives, pus cells or blood cells, orwhich contains more than 100,000 bacteria or germsof all kinds to the cubic centimeter or which hasbeen infected by or exposed to any contagious or in-fectious disease, or which has not been cooled to atemperature of fifty-five degrees Fahrenheit withinthirty minutes after drawn from the cow or goat, orseparated, shall be deemed to be impure, unwhole-some and adulterated within the meaning of this act.

Any pasteurized milk shall be considered unlaw- Pasteurizedmilk, when

ful that contains in excess of 25,000 bacteria per unlawful.

cubic centimeter in the finished product.

Oni. 213.] 583

SESSION LAWS, 1929.

Am 6 em. SEC. 13. That section 6267 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:Inspectors. Section 6267. The state department of agricul-

ture, any board of any county or legal municipal sub-division may appoint one or more inspectors of milk,dairies and dairy products. All inspectors hereafter

Graduates. appointed shall be graduates of a recognized dairyschool or shall have completed a course in dairyingin a college where such instruction is given.

A 6 em. SEC. 14. That section 6268 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:

Section 6268. Such inspectors may enter allPowers of places in which milk or its products are stored andinspectors, kept for sale and all carriages used for the con-

veyance of milk or cream and may take therefromsamples for analysis: Provided, however, That thisshall not apply to samples of milk or cream taken forbacteriological examination.

Milk in Ist SEC. 15. It shall be unlawful for any person toand 2ndclass cities-sold inonly, sell, serve, offer for sale or expose for sale in citiesbottles only. of the first and second class any milk for human

consumption unless the same is bottled in glass bot-tles: Provided, however, That this section shall notapply to milk purchased in bulk to be used exclu-sively for cooking or manufacturing purposes.

Statutes SEC. 16. That sections 6269, 6270, 6271, 6272,repealed.6273, 6274, 6279 and 6281 of Remington's CompiledStatutes be and the same are hereby repealed.

A mem. SEC. 17.- That section 6282 of Remington's Com-Comp. Stat. piled Statutes be amended to read as follows:Bottle caps Section 6282. Hereafter no bottled milk or bot-to havenames on. tled cream shall be offered for sale, sold or other-

wise disposed of in the State of Washington, unlessthe caps on all such bottles containing the milk orcream indicate and have inscribed thereon the nameof the dairy, person, firm or corporation offering thesame for sale, and nothing shall be on the cap indi-

584 [CH. 213.

SESSION LAWS, 1929.

cating quality which cannot be determined by labora-tory, chemical or bacteriological examination.


CHAPTER 214.[S. B. 210.]

CLOSING OF STREETS AND HIGHWAYS.

AN ACT providing for the closing of certain city or town street,or township roads, county and state roads, or parts thereof,and amending Section 1 of Chapter 21 of the Laws of 1921,as amended by Chapter 232 of the Laws of 1927.



Laws of 1921, page 87, as amended by chapter 232 ComP. Stat.

of the Laws of 1927, pages 359 to 360, (section 6839of Remington's Compiled Statutes) be amended toread as follows:

Section 1. Whenever the condition of any cityor town street, or township road, state or countyroad, either newly constructed, repaired or im-proved, or of prior construction, or any part thereof,is such that its use or continued use by vehicles willgreatly damage such road, the state highway en-gineer, if it be a state road, or the board of countycommissioners, if it be a county road, or the govern-ing body of any city or town, or township, if it bea city or town street, or township road, is authorizedto close such road to travel by all vehicles, or toany class of vehicles for such period as they shalldetermine.


OH. 214.] 585

586 SESSION LAWS, 1929. [CH. 215.

CHAPTER 215.[S. B. 258.]

EXCHANGE OF LANDS TO PRESERVE TIMBER ALONGPACIFIC HIGHWAY.

AN ACT authorizing the exchange of certain state lands for otherlands of equal value.


SECTION 1. For the purpose of securing andpreserving the stand of timber bordering the PacificHighway in township 10 north, range 2 west forstate park purposes, the commissioner of publiclands with the advice and approval of the board ofstate land commissioners, is hereby authorized toexchange any state lands of equal value for suchquantity of timber lands in township 10 north, range2 west, as may be selected by the state parks com-mittee for state park purposes, and with the adviceand approval of the attorney general, is hereby au-thorized to execute such agreements, writings, orrelinquishments and deeds -as are necessary orproper for the purpose of carrying said exchangeinto effect, and when said exchange shall have beeneffected, the land so acquired in exchange shall beunder the supervision and control of the state parkscommittee as a state park.


SESSION LAWS, 1929.

CHAPTER 216.[S. B. 255.]

HOTELS, INNS, BOARDING AND LODGING HOUSES.

AN ACT to protect hotel keepers, inn keepers, boarding housekeepers and lodging house keepers, to prescribe and regu-late their duties and liabilities toward their guests, boardersand lodgers, to punish fraud, to define and regulate the lienof keepers of hotels, inns, boarding houses and lodginghouses, and amending Sections 1, 3, 5, 6 and 7 of Chapter 190of the Laws of 1915 and Section 4 of Chapter 190 of the Lawsof 1915 as the same is amended by Chapter 57 of the Lawsof 1917 (Sections 6860, 6862, 6863, 6864, 6865 and 6866 ofRemington's Compiled Statutes) and repealing Section 1,page 95 of the Laws of 1890 and Section 8 of Chapter 190 ofthe Laws of 1915 (Sections 1203 and 6867 of Remington'sCompiled Statutes).



Laws of 1915 (section 6860 of Remington's Com Comp. Stat.

piled Statutes) be amended to read as follows:Section 1. Any building held out to the public Fotel,

to be an inn, hotel or public lodging house or placewhere sleeping accomodations, whether with orwithout meals, or the facilities for preparing thesame, are furnished for hire to transient guests, inwhich fifteen or more rooms are used for the accom-modation of such guests, shall for the purposes ofthis act, or any amendment thereof, only, be definedto be a hotel, and whenever the word hotel shalloccur in this act, or any amendment thereof, it shallbe construed to mean a hotel as herein described.

SEC. 2. That section 3 of chapter 190 of the Amends§6862 Rem.

Laws of 1915 (section 6862 of Remington's Com- Comp. Stat.

piled Statutes) be amended to read as follows:Section 3. Whenever the proprietor, keeper, Safe or

vault.owner, operator, lessee, or manager of any hotel,lodging house or inn shall provide a safe or vault

CH. 216.] 587

Sf aebing for the safekeeping of any money, bank notes,jewelry, precious stones, ornaments, railroad mile-age books or tickets, negotiable securities or othervaluable papers, bullion, or other valuable propertyof small compass belonging to the guests, boardersor lodgers of such hotel, lodging house or inn, and

Poticnin shall notify the guests, boarders or lodgers thereofpublic places. )y posting a notice in three or more public and con-

spicuous places in the office, elevators, or publicrooms, or in the public parlors of such hotel, lodg-ing house or inn, stating the fact that such safe orvault is provided in which such property may bedeposited; and if such guests, boarders or lodgersshall neglect to deliver such property to the personir charge of such office, for deposit in the safe orvault, the proprietor, keeper, owner, operator, lesseeor manager, whether individual, partnership or cor-

Loss or poration, of such hotel, lodging house or inn shalldestruction,no liability. not be liable for any loss or destruction of any such

property, or any damage thereto, sustained by suchguests, boarders or lodgers, by negligence of suchproprietor, keeper, owner, operator, lessee or man-ager, or his, her, their or its employees, or by fire,theft, burglary, or any other cause whatsoever; butno proprietor, keeper, owner, operator, lessee or

Property in manager of any hotel, lodging house or inn, shall beexcess ofo1,o0 in obliged to receive property on deposit for safekeep-value. ing exceeding one thousand dollars in value; and

if such guests, boarders or lodgers shall deliversuch property to the person in charge of said officefor deposit in such safe or vault, said proprietor,keeper, owner, operator, lessee, or manager, shallnot be liable for the loss or destruction thereof, ordamage thereto, sustained by such guests, boardersor lodgers in any such hotel, lodging house, or inn,exceeding the sum of one thousand dollars, notwith-

Special ar- standing said property may be of greater value, un-rangementsin writing, less by special arrangement in writing with such

588 SESSION LAWS, 1929. [CH. 216.

SESSION LAWS, 1929.

proprietor, keeper, owner, operator, lessee or man-ager; Provided, however, That in case of such de-posit of such property, the proprietor, keeper, owner,operator, lessee or manager of such hotel, lodginghouse, or inn, shall in no event be liable for loss ordestruction thereof, or damage thereto, unless Liable only

for theft orcaused by the theft or gross negligence of such pro- egigence.

prietor, keeper, owner, operator, lessee, or man-ager, or his, her, their, or its agents, servants oremployees.

SEC. 3. That section 4 of chapter 190 of the mendschapter~~ 10oth 6863 Rem.Laws of 1915 as the same is amended by chapter 57 comp. Stat.

of the Laws of 1917 (section 6863 of Remington'sCompiled Statutes) be amended to read as follows:

Section 4. Except as provided for in the fore- Except-asotherwise

going section, the proprietor, keeper, owner, oper- proided, noliability ex-

ator, lessee or manager, whether individual, partner- cept forgross negli-

ship or corporation, of a hotel, lodging house, or inn, gence.

shall not be liable for the loss or destruction of,or damage to any personal property brought orsent into such hotel, lodging house, or inn, by or forany of the guests, boarders or lodgers thereof, un-less such loss, destruction or damage is occasionedby the gross negligence of such proprietor, keeper,owner, operator, lessee or manager, or his, her, their,or its agents, servants or employees; but in noevent shall such liability exceed the sum of two Limit of

hundred dollars, unless such proprietor, keeper, $00

owner, operator, lessee, or manager, shall have con-tracted in writing with such guest, boarder, orlodger to assume a greater liability; Provided, how-ever, That in no event shall liability of the propri-etor, keeper, owner, operator, lessee or manager, orhis, her, their, or its agents, servants or employees,of a hotel, lodging house, or inn exceed the follow- Liability

limited.ing: For a guest, boarder or lodger, paying twenty-five cents per day, for lodging, or for any personwho is not a guest, boarder or lodger, the liability Schedule.

Cu. 216.] , 589

$50.00 for for loss, destruction or damage, shall not exceed thetrunk; $10for suitcase Sum of fifty dollars for a trunk and contents, ten$1.00 for bx

e for dollars for a suitcase or valise and contents, fiveapparel. dollars for a box, bundle or package, and ten dollars

for wearing apparel or miscellaneous effects. Fora guest, boarder or lodger, paying fifty cents a dayfor lodging, the liability for loss, destruction or

$75.00 for damage shall not exceed seventy-five dollars for atrunk; $20.00 dmgsvnyfv$fo stase trunk and contents, twenty dollars for a suitcasebox;- $20.00forw fi or valise and contents, ten dollars for a box, bundleapparel. or package and contents, and twenty dollars for

wearing apparel and miscellaneous effects. For aguest, boarder or lodger paying more than fiftycents per day for lodging, the liability for loss,

$150.00 for destruction or damage shall not exceed one hundredtrunki; $50.00for suitcase; fifty dollars for a trunk and contents, fifty dollars$10.00 for

for earig for a suitcase or valise and contents ten dollarsapparel. for a box, bundle or package and contents, and fifty

dollars for wearing apparel and miscellaneous ef-fects, unless in such case such proprietor, keeper,

By writing owner, operator, lessee, or manager of such hotel,assumedgreater lodging house, or inn, shall have consented in writ-liability. ing to assume a greater liability: And provided fur-

ther, Whenever any person shall suffer his baggageor property to remain in any hotel, lodging house,or inn, after leaving the same as a guest, boarder

Non-guest. or lodger, and after the relation of guest, boarderor lodger between such person and the proprietor,keeper, owner, operator, lessee, or manager of. suchhotel, lodging house, or inn, has ceased, or shall for-ward or deliver the same to such hotel, lodginghouse, or inn, before, or without, becoming a guest,boarder, or lodger thereof, and the same shall bereceived into such hotel, lodging house, or inn, theliability of such proprietor, keeper, owner, operator,lessee, or manager thereof shall in no event exceedthe sum of one hundred dollars, and such proprietor,keeper, owner, operator, lessee, or manager, may

SESSION LAWS, 1929. . [CH. 216.590

SESSION LAWS, 1929.

at his, her, their or its option, hold such baggage orproperty at the risk of such owner thereof; andwhen any baggage or property has been kept orstored by such hotel, lodging house, or inn, for six Stored for

six months.months after such relation of guest, boarder orlodger has ceased, or when such relation does notexist, after six months from the receipt of suchbaggage or property in such hotel, lodging house,or inn, such proprietor, keeper, owner, operator,lessee, or manager, may, if he, she, they or it sodesires, sell the same at public auction in the manner Sale at pub-

lic auction.now or hereinafter provided by law for the sale ofproperty to satisfy a hotel keeper's lien, and fromthe proceeds of such sale pay or reimburse himselfthe expenses incurred for advertisement and sale,as well as any storage that may have accrued, andany other amounts owing by such person to saidhotel, lodging house, or inn; Provided, That whenany such baggage or property is received, kept orstored therein after such relation does not exist,such proprietor, keeper, owner, operator, lessee, ormanager, may, if he, she, or. it, so desires, deliver Delivery towarehouse.

the same at any time to a storage or warehouse com-pany for storage, and in such event all responsibilityor liability of such hotel, lodging house, or inn, forsuch baggage or property, or for storage chargesthereon, shall thereupon cease and terminate.

SEC. 4. That section 5 of chapter 190 of the Amends§ 6864 Rem.Laws of 1915 (section 6864 of Remington's Com_ comp. Stat.

piled Statutes) be amended to read as follows:Section 5. The keeper of any hotel, boarding Lien for

charges onhouse or lodging house, whether individual, partner- baggaeship or corporation, has a lien upon, and may retain, or property.

all baggage, sample cases, and other property, law-fully in the possession of a guest, boarder, or lodger,brought upon the premises by such guest, boarder,or lodger, for the proper charges due from him orher, on account of his or her food, board, room rent,

CH. 216.] 591

SESSION LAWS, 1929.

lodging and accommodation, and for such extras asare furnished at his or her request, and for allmoney and credit paid for or advanced to him orher; and for the costs of enforcing such lien; andsaid hotel keeper, inn keeper, lodging house keeper

Right to hold or boarding house keeper, shall have the right topossession.retain and hold possession of such baggage, samplecases and other property until the amount of such

Sale. charges and moneys be fully paid, and to sell suchbaggage, sample cases, or other property for thepayment of such lien, charges and moneys in themanner provided in the next succeeding section ofthis chapter; and such baggage, sample cases andproperty shall not be subject to attachment or execu-tion until such lien and storage charges and the costof satisfying such lien are fully satisfied; Provided,however, That if any baggage, sample cases, or

Property property becoming subject to the lien herein pro-does notbelong to vided for does not belong to the guest, boarder orguest .

lodger who incurred the charges or indebtedness se-cured thereby at the time when such charges or in-debtedness shall be incurred, and if the hotel, inn,boarding house or lodging house keeper entitled tosuch lien receives actual notice of such fact at anytime before the sale of such baggage, sample casesor property hereunder, then and in that event suchbaggage, sample cases and property which are sub-ject to said lien and do not belong to said guest,boarder or lodger at the time when such charges orindebtedness shall be incurred, shall not be subjectto sale in the manner herein provided, but the samemay be sold in the manner provided by law for thesale of property under a writ of execution to satisfya judgment obtained in any action brought to re-

Guest cover the said charges or indebtedness. A guest,defined.

within the meaning of this chapter, includes eachand every person who is a member of the family of,or dependent upon, a guest, boarder or lodger, in

592 [CH. 216.

SESSION LAWS, 1929.

such hotel, inn, boarding house or lodging house,and for whose support such tenant, guest, boarderor lodger is legally liable.

SEc. 5. That section 6 of chapter 190 of the Amends§6865 Rem.Laws of 1915 (section. 6865 of Remington's Com- comp. Stat.

piled Statutes) be amended to read as follows:Section 6. If such lien and all such charges and Lien and

charges notmoneys are not fully paid and satisfied within sixty Pid within

days from the time when such charges and moneys,respectively, become due, the keeper of such hotel,inn, boarding house or lodging house, may then pro-ceed to sell such baggage, sample cases and otherproperty, or any part thereof, at public auction, Sale.

after giving ten days notice of the time and placeof sale by posting said notice in three public placesin the city or town wherein such hotel, inn, boarding Notice.

house or lodging house is located, and by mailing anotice of the time and place of sale to such guestboarder or lodger at the place of residence, if any,registered by him or her on the register, if any, ofsaid hotel, inn, boarding house or lodging house;and after satisfying the lien and paying all legalcharges due from such guest, boarder or lodger, in-cluding proper charges for storage of the said bag-gage, sample cases or property, and any expenseof selling the same that may accrue, any residueremaining shall, on demand, within one year aftersuch sale, be paid to such guest, boarder or lodger,or his or her legal representatives; Provided, how-ever, That should such guest, boarder or lodger fail auesto

or refuse to register from any particular town or register.

city, or not register at all, the notice herein requiredto be mailed shall be addressed to the name of suchguest, boarder or lodger at the city or town whereinsuch hotel, inn, boarding house or lodging house islocated; and such sale shall be a perpetual bar to

Sale bar toany action against said hotel, inn, boarding house or action.

lodging house keeper for the recovery of such bag-

CH. 216.] 593

SESSION LAWS, 1929.

gage, sample cases, or property, or of the valuethereof, or for any damage arising from the failureof such guest, boarder or lodger to receive such bag-gage, sample cases, or property..

Amends SEC. 6. That section 7 of chapter 190 of the§ 6866 Rem.comp. Stat. Laws of 1915 (section 6866 of Remington's Com-

piled Statutes) be amended to read as follows:

Obtaining Section 7. Any person who shall wilfully obtainfood, money, mny ogncredit with food, money, credit, lodging or accommodation atintent todefraud. any hotel, inn, boarding house or lodging house,

without paying therefor, with intent to defraud theproprietor, owner, operator or keeper thereof; orwho obtains food, money, credit, lodging or accom-modation at such hotel, inn, boarding house or lodg-ing house, by the use of any false pretense; or who,after obtaining food, money, credit, lodging, or ac-commodation at such hotel, inn, boarding house, orlodging house, removes or causes to be removedfrom such hotel, inn, boarding house or lodginghouse, his or her baggage, without the permission orconsent of the proprietor, manager or authorizedemployee thereof, before paying for such food,money, credit, lodging or accommodation, shall beguilty of a gross misdemeanor. Proof that food,money, credit, lodging or accommodation were ob-tained by false pretense or by false or fictitiousshow or pretense of any baggage or other property,or that the person refused or neglected to pay forsuch food, money, credit, lodging or accommodationon demand, or that he or she gave in payment forsuch food, money, credit, lodging or accommodation,negotiable paper on which payment was refused, orthat he or she absconded, or departed from, or left,the premises without paying for such food, money,credit, lodging or accommodation, or that he or she

Prima facie removed, or attempted to remove, or caused to beevidence offraudulent removed, or caused to be attempted to be removedintent.

his or her property or baggage, shall be prima facie

594 [CH. 216.

SESSION LAWS, 1929.

evidence of the fraudulent intent hereinbef orementioned.

SEC. 7. In the event that any section or any part naldit

of any section of this act, or this act as it applies aafcet

to any persons or under any circumstances, shouldbe adjudged invalid, such adjudication shall not af-fect or impair the validity of the remainder of thisact, or the act as it applies to other persons andunder other circumstances.

SEC. 8. Section 1, page 95 of the Laws of 1890 statutesrepealed.

and section 8 of chapter 190 of the Laws of 1915(sections 1203 and 6867 of Remington's CompiledStatutes) are hereby repealed.


CHAPTER 217.[S. B. 270.]

APPROPRIATION FOR PORTRAITS, PHOTOGRAPHS ANDFLAG PRESERVATION.

AN ACT relating to and providing for securing the portraits ofthe former governors and the members of the Legislature ofthe 'State of Washington, providing for the care of serviceflags, making an appropriation, and declaring that this actshall take effect immediately.


SECTION 1. The state capitol committee is herebyauthorized and directed to procure and hang in thegovernor's office in the legislative building of thestate capitol, appropriately framed portraits of theHonorable M. E. Hay, the Honorable Louis F. Hart,and the Honorable Roland H. Hartley, painted inoil by skilled artists.

SEC. 2. The state capitol committee is herebyauthorized and directed to cause to be reframed in

Oil paintingsof M. E. Hay,Louis F.Hart RolandH. Hartley.

CH. 217.] 595

Group photo- a uniform style the group photographs of the mem-graphs of

memers of bers of the senate and house of representatives,lature. and to cause the senate groups to be hung in the

hallway surrounding the senate gallery, and thehouse groups to be hung in the hallway surroundingthe house gallery.

SEC. 3. The state capitol committee is herebyFlags. authorized and directed to cause the colors of the

First Washington Volunteer Infantry in the Span-ish-American War and other historic service flagsof the state to be placed under glass in an appro-priate place in the legislative building.

SEC. 4. For the purpose of carrying out the pro-Appropria- visions of this act there is hereby appropriated from

the general fund in the state treasury, for the bien-nium ending March 31, 1931, the sum of two thous-and five hundred ($2,500.00), or so much thereof asmay be necessary.

SEC. 5. This act is necessary for the immediateEffective Im- support of the state government and its existing in-mediately. stitutions and shall take effect immediately.


596 SESSION LAWS, 1929. [CH. 217.

SESSION LAWS, 1929.

CHAPTER 218.[S. B. 319.]

LIABILITY FOR DEBTS OF REAL ESTATE OF DECEASEDPERSON.

AN ACT relating to the estates of deceased persons and amendingSection 1368 of Remington's Compiled Statutes.


SECTION 1. That section 1368 of Remington's Amends§i 1368 Rem.

Compiled Statutes be amended to read as follows comP. stat.Section 1368. No real estate of a deceased per-

son shall be liable for his debts unless letters testa-mentary or of administration be granted within sixyears from the date of the death of such decedent:Provided, however, That this section shall not affectthe lien of any mortgage, upon specific real property,existing and recorded as required by law at thedate of the death of such decedent.


CHAPTER 219.[S. B. 321.]

VALIDATING PORT DISTRICT ELECTIONS.

AN ACT validating certain port district elections, and declaringthat this act shall take effect immediately.


SECTION 1. Each port district election which was as f""9 ,,classcalled by the election board for any class "A" counties.

county or county of the first class, and which washeld at the time of the last general election in No-vember, 1928, and at which a proposition for the

Ou. 218-219.] 597

Bonds. issuance of bonds of such district was approved bythree-fifths of the voters therein voting on suchproposition, is hereby validated, notwithstandingany irregularity or omission in the calling or-holdingof such election.

.. SEC. 2. This act is necessary for the immediateEffective im- support of the state government and its existingmediately. public institutions, and shall take effect immediately.


CHAPTER 220.[S. B. 324.]

SALE OF MATERIALS BELONGING TO STATE.

AN ACT relating to the sale of materials belonging to the stateand defining the duties of the Commissioner of Public Lands,and amending Section 31 of Chapter 255 of the Session Lawsof 1927.


Amends SECTION 1. That section 31 of chapter 255, Laws.31, Chap.2.aws of 1927, be amended to read as follows:

Section 31. Timber, fallen timber, stone, gravel,Materials or other valuable material situated upon state lands,on statelands and except capitol building lands, or upon tide or shoretide andshore lands. lands, or the bed of navigable waters belonging to

the state may be sold separate from the land, whenin the judgment of the commissioner of publiclands, it is for the best interest of the state so tosell the same, and in case the estimated amount oftimber on any tract of state lands, except capitol

Timber more saloefe hthan building lands, shall exceed one million feet to the1,000,000feet, sold quarter section, the timber shall be sold separateseparatefrom land. from the land. When application is made for the


SESSION LAWS, 1929.

purchase of any valuable material, situated uponstate lands, except capitol building lands, or upontide or shore lands, or the bed of navigable watersbelonging to the state, the same inspection and re-port shall be had as upon an application for theappraisement and sale of such lands, and the com-missioner of public lands shall appraise the valueof the material applied for. No timber, fallentimber, stone, gravel or other valuable material,shall be sold for less than the appraised value Appraised

value.thereof. The commissioner of public lands is au-thorized and empowered to confer with and enterinto any agreements with the public authorities ofthe State of Oregon, which, in the judgment of said AhOregen

respectingcommissioner of public lands will assist the State Columbia

of Washington and the State of Oregon in securing River bed.

the maximum revenues for sand, gravel or othermaterials taken from the bed of the Columbia Riverwhere said river forms the boundary line betweensaid states.


OH. 220.] 599

SESSION LAWS, 1929.

CHAPTER 221.[S. B. 205.]

GAME CODE.

AN ACT relating to and providing for the protection and disposi-tion of wild animals, providing for the licensing and regula-tion of hunting and fishing, fixing certain seasons when hunt-ing is prohibited, amending Sections 43-a, 47, 50, 51, 56, 57,58, 59, 60, 63, 64, 65, 75, 95, 106 of Chapter 178 of the Lawsof the Extraordinary Session of 1925 and adding thereto onenew section to be known as section 90-a.


SECTION 1. That chapter 178 of the taws of the

Adds § 43a Extraordinary Session of 1925 be amended by add-o Cap 17 ing thereto a new section to be known as section 43a

Sess. 1925. to read as follows:

Section 43a. Any citizen of the United States,supplemental or person who has in good faith declared his inten-license tohunt elk. tion of becoming a citizen of the United States, who

has been an actual resident of this state for sixmonths and who holds a state or county hunting andfishing license may, by paying to a county auditor

$5.00 for the sum of five dollars ($5.00) obtain a supplementalresident.

license which shall entitle the holder thereof to huntelk within the county for which such license is issueduntil the first day of March next following the dateof its issuance, at any time when it is otherwise law-ful to hunt elk in such county. Any non-resident ofthe State of Washington who holds a state huntingand fishing license may obtain such supplemental

$25.00 non- license to hunt elk upon payment of a fee of twenty-resident.

five dollars ($25.00): Provided, That it shall alwaysbe unlawful to kill elk in the counties of Clallam,Jefferson, Grays Harbor and Mason.

Two dollars and fifty cents ($2.50) of the feereceived for each resident license and fifteen dollars($15.00) of the fee received for each non-resident

600 [CH. 221.

SESSION LAWS, 1929.

license issued under the provisions of this sectionshall be paid into the county game fund of the issu-ing county and two dollars and fifty cents ($2.50)and ten dollars ($10.00) of such fees, respectively,shall be paid into the state game fund.


Laws of the Extraordinary Session of 1925, page Laws.x.

519, be amended to read as follows:Section 47. Any alien by paying to any county Alien with

permit toauditor the sum of twenty-five dollars ($25.00), and tarry fire-arms, may

exhibiting his permit to carry firearms issued in the obtain hunt-ing and fish-

manner provided by law, may obtain a state hunting ing license.

and fishing license which shall entitle the holderthereof to hunt game birds and game animals andfish in any county of the state until the first day ofMarch next following the date of its issuance, whenit would otherwise be lawful to hunt or fish in suchcounty.


Laws of the Extraordinary Session of 1925, page .aws I

519, be amended to read as follows:Section 50. Any citizen of the United States

or person who has in good faith declared his inten-tion of becoming a citizen of the United States mayby paying to a auditor the sum of five dollars ($5.00), $0 rting

obtain a state hunting license which shall entitle the license.

holder thereof to hunt game birds in any county ofthe state until the first day of March next, followingthe date of its issuance, when it would otherwise belawful to hunt within said county.

SEC. 4. That section 51 of chapter 178 of the Amends 51,Chap. 178,

Laws of the Extraordinary Session of 1925, page Sa. 9

520, be amended to read as follows:Section 51. Any resident citizen over the age s5.00 for

trapper'sof sixteen years by paying to the county auditor in license.

the county in which he desires to trap, the sum of -five dollars ($5.00), may obtain a license which shallentitle the holder thereof to trap fur-bearing an-

CH. 221.] 601

imals for their hides or their pelts only, within thecounty where such license is issued until the firstday of April next, following its issuance. Nothingin this act shall be construed as requiring any landowner or lease holder of any land to obtain or havea license to trap fur-bearing animals on the prem-ises owned or leased by him. And it shall be un-lawful to use the flesh of any game bird, or gameanimal or game fish for trap bait in trapping fur-bearing animals.

Amends 56, SEC. 5. That section 56 of chapter 178 of theChap. 178,Laws Ex.Etariay1oSess. 1925. Laws of the Extraordinary Session of 1925, page

521, be amended to read as follows:

Section 56. It shall be unlawful for any personRabbits, to hunt or trap any cottontail rabbit, snowshoe rab-squirrels-closed bit, gray squirrel or black squirrel between the firstseason. sure ewe h is

day of May and the fifteenth day of September ofany one year. It shall be unlawful to hunt or trap

Bear- any bear between the first day of April and theclosedseason. .fifteenth day of September of any one year: Pro-

vided, That it shall be lawful for any stockman, landowner or lease holder to kill any predatory bear at

Predatorybear. any time when they have reason to believe that such

predatory bear is destroying or damaging property.And provided further, That United States predatoryanimal hunters may by and with the consent anddirection of the county game commissioners kill anypredatory bear when directed by the county gamecommission so to do. It shall be unlawful to hunt

Bull-frogs. or trap any bull-frog between the first day of Decem-ber in any year and the first day of July of the fol-lowing year.

Amends § 57 SEC. 6. That section 57 of chapter 178 of theChap. 178,Laws Ex.

Sess.2. Laws of the Extraordinary Session of 1925, pages521 and 522, be amended to read as follows:

Section 57. It shall be unlawful for any personto hunt, trap, kill, catch, take, ship, convey, or cause

602 SESSION LAWS, 1929. [CH. 221.

SESSION LAWS, 1929.

to be shipped or transported by common or privatecarrier to any person either within or without thestate, or to purchase, sell, expose for sale, have inpossession with intent to sell, or have in possessionor under his control at any time any elk, moose, ante- Elk, moose,

antelope,lope, mountain sheep, mountain goat, caribou, deer, mountain

sheep,or fawn, or the meat thereof, or the hides, hoofs, mountaii

goat, caribou.horns or teeth of any elk, moose, antelope, mountain deern or

goat, mountain sheep or caribou unless lawfully ac-quired: Provided, That any person having in forcea hunting license issued under the provisions ofthis act may kill, catch, take, ship, convey or causeto be conveyed by common or private carrier, andhave in his possession for his personal use betweenthe fifteenth day of September and the fifteenth day Lawful to

of November in any year, one buck deer with visible biuc deehorns.horns, killed, caught or taken in the manner pro-

vided by law: Provided further, That any personhaving in force a supplemental license to hunt elkissued under the provisions of this act may kill,catch, take, ship, convey or cause to be conveyedby common or private carrier, and have in his pos-session for his personal use between the first day ofNovember and the tenth day of November, bothdates inclusive, in any one year one elk killed, caughtor taken in the manner provided by law. Any per-son violating the provisions of this section shall be Penalties for

guilty of a gross misdemeanor and shall be punished violation.

by a fine of not less than $250.00 and not more than$1,000.00 or by imprisonment in the county jail fornot more than one year or by both such fine and im-prisonment, and any person killing, conveying, orhaving in his possession more than one buck deerwith visible horns or more than one elk during theopen season in any year, as herein above defined,shall be guilty of a gross misdemeanor and punishedby a fine of not less than $100.00 or more than $250.00or by imprisonment in the county jail for not less

CH. 221.] 603

SESSION LAWS, 1929.

than thirty or more than ninety days, or both suchfine and imprisonment.

Amends §58, SCcatr1Q' hChap., SEC. 7. That section 58 of chapter 178 of theess. 19. Laws of the Extraordinary Session of 1925 be

amended to read as follows:Deer Section 58. It shall be unlawful for any personelk tag.Seto58Itsalbunaflfraypsn

to hunt any deer or elk unless he shall have in hispossession a deer or elk tag numbered to correspondwith and attached to his license.

Attached to Any person having lawfully killed a deer or elkcarcass.

shall immediately attach and leave attached to thecarcass or part thereof the deer or elk tag cor-responding to his license; and it shall be unlawfulfor any person to have in his possession or underhis control or have in storage or as a common car-rier any such carcass. before being dismembered,without having such tag attached, and it shall beunlawful for any person to so mutilate the carcass ofany deer or elk that the sex cannot be determined.

Amends 59,~ ccape o hChap. 178, SEC. 8. That section 59 of chapter 178 of theLaws Ex.EtariryoSess. 192. Laws of the Extraordinary Session of 1925 be

amended to read as follows:Dee o elk Section 59. It shall be unlawful for any person

to shoot or kill in any manner any deer or elk whensuch deer or elk is in any river or lake, or body ofwater, and it shall be unlawful for any person tohunt deer or elk with dogs.

Caed 178, SEC. 9. That section 60 of chapter 178 of theLaws Ex.Sess. 192. Laws of the Extraordinary Session of 1925 be

amended to read as follows:Dogs unlaw- Section 60. It shall be unlawful for any personfulinwooded 'hmetelosorilah

section. to have with him either loose or in leash any dog inany wooded section of any county of the state duringthe time in each year when it is lawful to hunt deeror elk in such county, without having first obtainedand having in force a written permit so to do, issuedby the unanimous vote or action of the game com-

604 [CH. 221.

SESSION LAWS, 1929.

missioners of such county. Provided, That nothingin this section shall be construed to prohibit stock- Dogs per-

mitted withmen from having either loose or in leash any dog grsi.

stock.in any wooded section of any county where suchstock are grazing during the time in each year whenit is lawful to hunt deer or elk in such county. Andprovided, further, That bird dogs or dogs used for Bird dogs.

hunting upland game birds may be trained or usedat any time except during the months of April, May,June and July of each year, during which monthsit shall be unlawful for any such dogs to run at large.The county game commissioners by unanimous ac-tion and with the approval of the supervisor of gameand game fish may permit field trials during closedmonths, of bird dogs in such portion of their respec-tive counties as in their judgment will not injurethe upland game birds thereon.

SEC. 10. That section 64 of chapter 178 of the Amends 64,Chap. 178,Laws of the Extraordinary Session of 1925, page Sess.

524, be amended to read as follows:Section 64. It shall be unlawful for any person Upland game

birds-closedto hunt or possess any upland game bird between season.

the fifteenth day of November in any year and thefifteenth day of September in the following year.


Laws of the Extraordinary Session of 1925, pages E.

524 to 525, be amended to read as follows:Section 65. It shall be unlawful for any person Migratry

to hunt or possess any migratory game birds at thetimes prohibited by, and in violation of, the rulesand regulations established by the United Statesdepartment of agriculture.

SEC. 12. That section 75 of chapter 178 of the ea n7,Laws Ex.Laws of the Extraordinary Session of 1925, page Sess. 192.

528, be amended to read as follows:Section 75. It shall be unlawful for any person ori, lume,

to lay, set, use or prepare any drug, poison, lime, medicatedbait etc.

medicated bait, nets, fish berries, formaldehyde, prohibited.

Oni. 221.]) G005

epnaiveor dynamite or other explosives, or any other deleteri-ous substance, or to lay, stretch or place any tip-up,

Trot line. snare or net or trot line or any wire, string, ropeor cable of any kind, class or description in any ofthe waters of this state with intent thereby to catch,take or kill any game fish. It shall be unlawful forany person, other than a regular game officer, tomolest any of the above names [named] deviceswithout first notifying the game department of thelocation of such illegal device, and then not until

Officials may some game official is present: Provided, That noth-take gameand game ing in this section shall prevent the supervisor offi sh.

game and game fish anywhere in the state, or anycounty game commission by unanimous vote, withinits county, from killing or taking by any means,any of the fish in any waters.

Adds § 90a SEC. 13. That chapter 178 of the Laws of theto Chap. 178,

Sess. 1925. Extraordinary Session of 1925 be amended byadding thereto a new section, to be known as section90-a, to read as follows:

Gross mis--n h a iedemeanor t Section 90-a. ny person who, at any time, kills,remove only cpu etoshead, hide captures or destroys any game animal of this state,horns, etc. and detaches or removes from the carcass only the

head, hide, antlers, horns, tusks or any or all of theaforesaid parts, is guilty of a gross misdemeanor,and upon conviction thereof shall be fined not lessthan $250.00 and not more than $1,000.00 or by im-prisonment in the county jail for not more thanone year or by both such fine and imprisonment.The purpose and intent of this section is to protectgame animals of the state from wanton, ruthless orwasteful destruction or mutilation for their heads,hides, antlers, horns or teeth or tusks alone, and its

Dress and provisions are to be so construed. The failure ofcare forgame ani- any person to properly dress and care for any gamemal killed,. n e t resaygm

animal killed by such person or persons, withintwenty-four hours, and to take or transport to thecamp of such person or persons such carcass and

SESSION LAWS, 1929. [CH. 221606

SESSION LAWS, 1929.

there properly take care of the same, shall be primafacie evidence of the violation of the provisions ofthis section. Any person who, at any time, afterkilling any game animal, game bird, game fish, orfur-bearing animal of this state, leaves such animal,bird, or fish to needlessly go to waste, shall be guiltyof a misdemeanor.

SEC. 14. That section 106 of chapter 178 of the omendsap.Laws of the Extraordinary Session of 1925, pages 1sx, Las

539 to 540, be amended to read as follows:

Section 106. For the purpose of encouraging Domestica-

game farming and the domestication and propaga- animals.

tion of wild animals, except foxes, and the domestica-tion and propagation of game fish and game birds,a game farmer's license, which shall authorize the aamrs

licensee to engage in the business of purchasing, license.

breeding and selling game animals, fur-bearing ani-mals, and game fish, as defined by this act, gamebirds or non-game birds, shall be issued, subject tothe provisions of this act by the supervisor of gameand game fish to any responsible resident personduly applying therefor, such license to expire onMarch 31st following the date of its issuance. Thefee for such license shall be twenty dollars ($20.00). Fee.

After such license has been issued, it shall be validas long as said licensee pays the supervisor of gameand game fish, for the benefit of the game fund, anannual fee of ten dollars ($10.00), unless otherwisedetermined under the provisions of this act: Pro-vided, however, That this section shall not be con-strued to require the granting of licenses to free Publicparks.

public parks or to persons domesticating such ani-mals or birds for pleasure and not for profit butsuch persons shall before domesticating any suchanimals or birds secure a permit so to do from thecounty game commission of the county where heresides.

607On. 221.]

Amends § 9 SEc. 15. That section 95 of chapter 178 of theChap. 178,Laws.Ex. riay12Sess. 1M. Extraordinary Session of 1925, page 535 be amended

to read as follows:

Lawlin, Section 95. It shall be lawful for any person,hide, head,etc., game firm or corporation to have in possession at anyfish, gamebird when time the skin, hide, head or dead body of any gamelawfullytaken, or fur-bearing animal, or game or non-game bird,

or game fish, or any part thereof, lawfully takenoutside the boundaries of the State of Washingtonor lawfully taken within the state for purposes of

1Mounting sale, tanning, manufacturing, mounting or orna-and orna-mental mental purposes with the right to dispose of same in

the usual course of trade: Provided, That each speci-men retained for mounting or ornamental purposesshall be reported in writing within three days to thesupervisor of game and game fish or the countygame commission of the county where the same isto be mounted, who shall tag or mark the same foridentification and shall be authorized to charge andcollect for tagging and marking the sum of twenty-.five cents ($0.25) for each tag, and in addition there-to the usual mileage fee charged by sheriffs in thecounty where the services are to be performed.

Amends 63, SEC. 16. That section 63 of chapter 178 of theChap. 178,Laws Ex. Laws of the Extraordinary Session of 1925, pageSess. 1925. teSsin ~ pg

524, be amended to read as follows:Beaverprotected. Section 63. It shall be unlawful for any person

to in any manner hunt or trap any beaver in thisstate, except as otherwise provided in this act, orhave in his possession alive or dead any beaver orpart thereof that has been caught or killed in thisstate. Nothing in this section, however, shall beconstrued to prevent any person residing in thisstate from having in his possession or from buying,

seair selling or handling skins of beaver lawfully caughtor killed outside of this state. Before any beaver

.skins are shipped or brought into this state it shallbe the duty of the consignee or person in whose

608 SESSION LAWS, 1929. [CH. 221.

SESSION LAWS, 1929.

possession the beaver skins are, to make an affidavitbefore some person authorized to administer oaths,that each and every skin was lawfully taken withoutthe State of Washington. Which affidavit shall ac-company each shipment and the person, firm or cor- Affidavit.

poration to whom the skins are delivered shall forth-with notify in writing the supervisor of game andgame fish, and the county game commission, of theplace where said skins are stored, or may be in-spected and said supervisor of game and game fish,or county game commission, shall inspect said skinsand if satisfied from said affidavit and an examina-tion of each skin that they were not killed within theState of Washington shall, upon the payment of afee of ten cents ($0.10) for each skin, stamp saidskins with the words "killed outside the State ofWashington" together with a fac simile signature of stamp.the supervisor of game and game fish. On saidskins being so stamped, they may be offered for sale,and all fees so collected shall be paid one-half intothe state game fund and one-half into the countygame fund of the county in which the same werestamped.


-20

OH. 221.] 609

SESSION LAWS, 1929.

CHAPTER 222.[S. B. 150.]

FIRST CLASS TIDE LANDS OF ILWACO.

AN ACT providing for the survey and re-platting of the first classtide lands of Ilwaco, providing for the setting apart anddonating for public use certain tide lands and making anappropriation for such purposes.


SECTION 1. That as soon as practicable afterSurvey and the taking effect of this act it shall be the duty ofreplat.

the commissioner of public lands to survey and re-plat the first class tide lands of Ilwaco and toselect for the use of the public, out of such tidelands, sites for slips, docks, wharves, warehouses,streets, avenues, alleys, waterways, and other pur-poses, insofar as such tide lands may be availablefor any and all such purposes, and upon the filingof such plat of tide lands with such reservations andselections thereon, in the office of the commissionerof public lands, the title to all selections for streets,avenues and alleys located within the city limits ofIlwaco, shall vest in said city. The title to all selec-tions for slips, docks, wharves, warehouses and otherpurposes shall vest in the Port of Ilwaco, and anysales of such tide lands hereafter shall be made sub.ject to such selections and reservation for publicuse: Provided, however, That said re-plat shall notvacate the existing Holman Waterway in whole orin part nor shall any existing vested rights beabrogated by said survey or re-plat.

SEC. 2. There is hereby appropriated from theAppropria- general fund for the commissioner of public landstion.

-the sum of five thousand dollars ($5,000.00) for thefiscal term beginning April 1st, 1929, and endingMarch 31st, 1931, for the purpose of making neces-

610 [CH. 222.


sary surveys and plats and other work incident tocarrying out purposes and provisions of this act.


CHAPTER 223.[Hl. B. 327.]

PUBLIC SERVICE PROPERTIES AND UTILITIES.

AN ACT relating to public service properties and utilities, to towboats, tugs, scows, barges and lighters, and amending Sec-tion 8, Chapter 117 of the Laws of 1911, as amended byChapter 116 of the Laws of 1923.



Laws of 1911, as amended by chapter 116 of the Laws 1911.

Laws of 1923, be amended to read as follows:Section 8. The term "commission," when used Termsdefined-

in this act, means the public service commission here- commission,

by created.The term "commissioner," when used in this commis-

act, means one of the members of such commission. soner,

The term "corporation," when used in this act, corporation,

includes a corporation, company, association or jointstock association.

The word "person," when used in this act, in- person,

cludes an individual, a firm or copartnership.The term "street railroad," when used in this street

railroad,act includes every railroad by whatsoever poweroperated, or any extension or extensions, branch orbranches thereof, for public use in the conveyanceof persons or property for hire, being mainly upon,along, above or below any street, avenue, road, high-way, bridge or public place within any one city ortown, and includes all equipment, switches, spurs,

CH. 223.]

tracks, bridges, right of trackage, subways, tunnels,stations, terminals and terminal facilities of everykind used, operated, controlled or owned by or inconnection with any such street railroad, within thisstate.

railroad, The term "railroad," when used in this act, in-cludes every railroad, other than street railroad, bywhatsoever power operated for public use in theconveyance of persons or property for hire, withall bridges, ferries, tunnels, equipment, switches,spurs, tracks, stations and terminal facilities ofevery kind used, operated, controlled or owned byor in connection with any such railroad.

street The term "street railroad company," when usedrailroad ..company, in this act, includes every corporation, company, as-

sociation, joint stock association, partnership andperson, their lessees, trustees or receivers appointedby any court whatsoever, and every city or town,owning, controlling, operating or managing anystreet railroad or any cars or other equipment usedthereon or in connection therewith within this state.

railroad The term "railroad company," when used incompany,

this act, includes every corporation, company, asso-ciation, joint stock association, partnership or per-son, their lessees, trustees or receivers appointedby any court whatsoever, owning, operating, con-trolling or managing any railroad or any cars orother equipment used thereon or in connection there-with within this state.

express The term "express company," when used in thiscompany, act, includes every corporation, company, associa-

tion, joint stock association, partnership and person,their lessees, trustees or receivers appointed by anycourt whatsoever, who shall engage in or transactthe business of carrying any freight, merchandiseor property for hire on the line of any common car-rier operated in this state.


The term ."common carrier," when used in this comaner,

act, includes all railroads, railroad companies, streetrailroads, street railroad companies, steamboat com-panies, express companies, car companies, sleepingcar companies, freight companies, freight line com-panies, and every corporation, company, association,joint stock association, partnership and person, theirlessees, trustees or receivers appointed by any courtwhatsoever, and every city or town, owning, operat-ing, managing or controlling any such agency forpublic use in the conveyance of persons or propertyfor hire within this state.

The term "gas plant," when used in this act, gasplant,

includes all real estate, fixtures and personal prop-erty, owned, leased, controlled, used or to be usedfor or in connection with or to facilitate the manu-facture, distribution, sale or furnishing of gas(natural or manufactured) for light, heat or power.

The term "gas company," when used in this gas company,

act, includes every corporation, company, associa-tion, joint stock association, partnership and per-son, their lessees, trustees or receivers appointedby any court whatsoever, and every city or town,owning, controlling, operating or managing any gasplant within this state.

The term "electric plant," when used in this pntic

act, includes all real estate, fixtures and personalproperty operated, owned, used or to be used foror in connection with or to facilitate the generation,transmission, distribution, sale or furnishing of elec-tricity for light, heat, or power for hire; and anyconduits, ducts or other devices, materials, ap-paratus or property for containing, holding or car-rying conductors used or to be used for the trans-mission of electricity for light, heat or power.

The term "electrical company," when used in electricalcompany,

this act, includes any corporation, company, asso-ciation, joint stock association, partnership and

OH. 223.] SESSION LAWS, 1929. 613

SESSION LAWS, 1929.

person, their lessees, trustees or receivers ap-pointed by any court whatsoever (other than a rail-road or street railroad company generating elec-tricity solely for railroad or street railroad purposesor for the use of its tenants and not for sale toothers), and every city or town owning, operating ormanaging any electric plant for hire within thisstate.

transporta-tionof The term "transportation of property," whenproperty, used in this act, includes any service in connection

with the receiving, delivery, elevation, transfer intransit, ventilation, refrigeration, icing, storage andhandling of the property transported, and the trans-mission of credit.

transporta-tiono The term "transportation of persons," whenpersons,

used in this act, includes any service in connectionwith the receiving, carriage and delivery of the per-son transported and his baggage and all facilitiesused, or necessary to be used in connection with thesafety, comfort and convenience of the person trans-ported.

service, The term "service," is used in this act in itsbroadest and most inclusive sense.

telphne The term "telephone company," when used inthis act, includes every corporation, company, asso-ciation, joint stock association, partnership and per-son, their lessees, trustees or receivers appointedby any court whatsoever, and every city or townowning, operating or managing any telephone lineor part of telephone line used in the conduct of thebusiness of affording telephonic communication forhire within this state.

leone The term "telephone line," when used in thisact, includes conduits, ducts, poles, wires, cables,cross-arms, receivers, transmitters, instruments, ma-chines, appliances, instrumentalities and all devices,real estate, easements, apparatus, property androutes used, operated, owned or controlled by any

614 [Cit. 223.

SESSION LAWS, 1929.

telephone company to facilitate the business ofaffording telephonic communication.

The term "telegraph company," when used in telegraph. . company,

this act, includes every corporation, company, asso-ciation, joint stock association, partnership and per-son, their lessees, trustees or receivers appointedby any court whatsoever, owning, operating or man-

aging any telegraph line or part of telegraph lineused in the conduct of the business of affording forhire communication by telegraph within this state.

The term "telegraph line," when used in this telegraph

act, includes conduits, poles, wire, cables, cross-arms,instruments, machines, appliances, instrumentalitiesand all devices, real estate, easements, apparatus,property and routes used, operated or owned byany telegraph company to facilitate the business ofaffording communication by telegraph.

The term "water system," when used in this watersystem,

act, includes all real estate, easements; fixtures, per-sonal property, dams, dikes, head gates, weirs,canals, reservoirs, flumes or other structures or ap-pliances operated, owned, used or to be used for orin connection with or to facilitate the supply, stor-age, distribution, sale, furnishing, diversion, car-riage, apportionment or measurement of water forpower, irrigation, reclamation, manufacturing, mu-nicipal, domestic or other beneficial uses for hire.

The term "water company," when used in this waterCOmnpany.

act, includes every corporation, company, associa-tion, joint stock association, partnership and person,their lessees, trustees or receivers appointed by anycourt whatsoever, and every city or town owning,controlling, operating, or managing any water sys-tem for hire within this state.

The term "vessel," when used in this act, in- vessel,

cludes every species of water craft, by whatsoeverpower operated, for the public use in the conveyanceof persons or property for hire over and upon the

OH. 223.] 615

SESSION LAWS, 1929.

waters within this state, excepting all tow boats,tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tonsburden, open steam launches of five tons gross andunder, and vessels under five tons gross propelledby gas, fluid, naphtha or electric motors.

eamoat The term "steamboat company," when used inthis act, includes every corporation, company, asso-ciation, joint stock association, partnership and per-son, their lessees, trustees or receivers,, appointedby any court whatsoever, owning, controlling, leas-ing, operating or managing any vessel over andupon the waters of this state.

ohar, The term "dock" or "wharf," when used in thisact, includes any and all structures at which anysteamboat, vessel or other water craft lands for thepurpose of receiving or discharging freight from orfor the public, together with any building or ware-house used for storing such freight for the publicfor hire.

warehouse, The term "warehouse," when used in this act,includes any building or structure in which freightis received for storage from the public for hire, in-tended for shipment or discharged by any watercraft.

wharfinger, The term "wharfinger" or "warehouseman,"warehouse- Tetr wafne"o wrhuea,man, when used in this act, includes every corporation,

company, association, joint stock association, part-nership and person, their lessees, trustees or re-ceivers appointed by any court whatsoever, operat-ing or managing any dock, wharf or structure wheresteamboats, vessels or other water craft land forthe purpose of discharging freight for the public,and where such freight is received on such dock,wharf or structure for the public for hire withinthis state.

public The term "public service company," when usedservice Th t, inc lude s ery como n yarri e g socompany, in this act, includes every common carrier, gas com-

616 [Cir. 223.

SESSION LAWS, 1929.

pany, electrical company, water company, telephonecompany, telegraph company, wharfinger and ware-houseman as such terms are defined in this section.


CHAPTER 224.[H. B. 108.]

STATE.OYSTER RESERVES.

AN ACT authorizing the vacation of State Oyster Reserves orportions thereof, and providing for the manner of sale orlease thereof and the disposition of the proceeds.


SECTION 1. The commissioner of public lands is Sale orlease of tide

hereby authorized to sell or lease tide lands which lands.

have heretofore or which may hereafter be set asideas state oyster reserves in the same manner as pro-vided for the disposition of second class shore landsin so far as the statutes relating to the sale of suchsecond class shore lands may be applicable to thesale of tide lands in state oyster reserves.

SEc. 2. The commissioner of public lands, upon Application.

the receipt of an application for the purchase orlease of any tide lands which have heretofore orwhich may hereafter be set aside as state oysterreserves, shall notify the director of fisheries andgame of the filing of the application, describing thelands applied for. And it shall be the duty of the Director of

fisheries anddirector of fisheries and game to cause an inspection game.

of the reserve to be made for the purpose of de-termining whether said reserve or any part thereofshould be retained as a state oyster reserve orvacated.

Oni. 224.] 617

618 SESSION LAWS, 1929. [Cn. 225.

Vacation. SEC. 3. In case the director of fisheries andgame approves the vacation of the whole or anypart of said reserve, the commissioner of publiclands may vacate and offer for sale or lease suchparts or all of said reserve as he deems to be forthe best interest of the state, and all monies receivedfor the sale or lease of such lands shall be paid intothe state treasury to the credit of the state oysterreserve fund. Provided, That nothing in this actshall be construed as authorizing the sale or leaseof any tide lands which have heretofore, or whichmay hereafter, be set aside as state oyster reservesin Eld Inlet, Hammersley Inlet or Totten Inlet,situated in Mason or Thurston counties.


CHAPTER 225.[H. B. 424.]

REAPPROPRIATION FOR STATE HIGHWAYS.

AN AcT re-appropriating certain sums from the motor vehiclefund for the purpose of construction and maintenance ofstate highways and declaring that this act shall take effectimmediately.


appopria- SECTION 1. That the sum of five million, four$5,497,569.10 himdred ninety-seven thousand, five hundred sixty-for state hundrdnnt svnfv udehighway. nine and 10/100 dollars ($5,497,569.10) from the

motor vehicle fund or so much thereof as may benecessary be and the same is hereby re-appropriatedfor completing and maintaining work already undercontract, or in progress and for new work on certainstate roads hereinafter mentioned, the same beingthe unexpended balances of certain existing appro-


priations as shown by the state auditor's books onDecember 31, 1928, the said balances being re-ap-propriated as follows: Provided, That no expendi-tures under authority of this act shall in any event UTriended

exceed the amount of the unexpended balancesshown by the state auditor's books for the respectiveitems.STATE ROAD No. 1-

(a) SEATTLE-BLAINE

Ferndale-Dakota Creek construction .......... $50,301 77Seattle North construction................... 11,119 68Seattle-Blaine location and right of way...... 20,643 96

(b) BELLINGHAM-AuSTIN PASS

Bellingham-Austin Pass bridges, bettermentand reconstruction ...................... 101,147 97

(c) SEATTLE-VANCOUVER

Seattle-Pierce County Line construction....... 107,221 06Camp Lewis-Nisqually construction........... .63,505 52Seattle-Vancouver location and right of way... 16,713 14

STATE ROAD No. 2-(a) BOTHELL-FALL CITY

Bothell-Fall City grading and surfacing. ..... 133,971 94

(b) SEATTLE-WENATCHEERenton-Seattle construction .................. 131,918 82Snoqualmie-North Bend construction ......... 57,074 60Tanner-Snoqualmie Pass construction ......... .268,940 07Wenatchee River Bridge construction.......... 6,070 35Snoqualmie Pass-Easton construction ......... 75,460 84Easton-Cle Elum construction ............... 81,673 56Cle Elum-Swauk Creek construction ......... 34,655 07Cle Elum River Bridge construction ........... 8,338 60Seattle-Wenatchee location and right of way... 14,740 09

(c) WENATCHEE-IDAHO STATE LINEWenatchee-Orondo construction...............End of Pavement to Junction State Road No. 7

construction ............................Creston-Rocklyn construction.................

SrATE ROAD No. 3-

16,976 73

32,836 5814,108 79

(a) JUNCTION STATE ROAD No. 2 TO COLUMBIA RIVER AT PAscoTeanaway to Ellensburg construction......... 188,612 46Grandview-Columbia River bridge at Pasco,

grading, surfacing and paving Kennewickto Columbia River bridge................. 329,981 92

Junction State Road No. 2 to Columbia Riverat Pasco, location and right of way....... .17,068 02

State RoadNo. 1-

Seattle-Blaine

Bellingham-Austin Pass

Seattle-Vancouver

State RoadNo. 2-

Bothell-Fall City

Seattle-Wenatchee

Wenatchee-Idaho StateLine

State RoadNo. 3-

CH. 225.]

620 SESSION LAWS, 1929. [CH. 225.

Pasco- (b) PASCO-WALLA WALLA-OREGON STATE LINE

allaWalla- Pasco-Walla Walla-Oregon State Line locationState Line and right of way........................ 6,748 53

Wallawalla- (c) WALLA WALLA-ASOTINAsotin Walla Walla Asotin location and right of way.. 7,726 66

Pullman- (d) PULLMAN-COLFAX-SPOKANEColfax- Rosalia-Spokane reconstruction, paving, loca-Spokane

tion and right of way .................... 37,333 34Pullman-Colfax-Spokane location and right of

way .................................... 17,351 27

Spokane- (e) SPOKANE-LAURIERLaurier Kettle Falls bridge construction.............. 120,365. 05

State Road STATE ROAD No. 4-No. 4-Columbia (a) COLUMBIA RIVER-REPUBLICRiver- Columbia River-Republic construction, locationRepublic and right of way........................ 112,376 70

State Road STATE ROAD No. 5-No. 5-Renton- (a) RENTON-YAKIMAYakima Silver Creek east construction and bridges.... 80,841 41

American River-Summit construction andbridges ................................. 168,072 39

Renton-Yakima location and right of way.... 22,917 55

Auburn- (b) AUBURN-TACOMATacoma Auburn-Tacoma location and right of way..... .. 7,425 37

Lewis (c) LEWIS COUNTYCounty Elbe-Morton constructio; ..................... 156,621 32

State Road STATE ROAD No. 7-No. 7-Davenport- (a) DAVENPORT-VANTAGEVantage Vantage Hill bridge approach ................ 9,823 24

Davenport-Vantage location and right of way.. 6,188 27

Vantage- (b) VANTAGE-ELLENSBURGEllensburg Vantage-Ellensburg location and right of way 5,763 09

State Road STATE ROAD No. 8-No. 8-Vancouver- (a) VANCOUVER-MARYHILLMaryhill Cape Horn construction..................... 124,913 80

Washougal-Prindle construction.............. 28,699 74Woodard Creek-Greenleaf construction ........ 15,524 64Rands-Stevenson construction................ 68,853 22Stevenson-Nelson Creek and Greer Creek-Wind

River be expended, Stevenson-Wind Riverand bridge construction .................. 103,910 26

Maryhill- (b) MARYHILL-BUENABuena Toppenish south construction................ 201,936 53

Cn. 225.] SESSION LAWS, 1929. 621

STATE ROAD No. 9- State RoadNo. 9-

(a) OLYMPIA-PORT ANGELEs-ABERDEEN-OLYMPIA Olympia-Forest Project-Hoh grading .................. 136,732 49 Port An-geles-Hoh-Harlow Creek grading ................... 344,425 88 Aberdeen-Hoh-Queets bridges.......................... 193,484 74 Olympia.

STATE ROAD No. 10- State RoadChelan-Howard Flats construction ............ 33,172 66 No. 10.

Orondo north construction................... 5,281 59

STATE ROAD No. 11- State RoadNo. 11.

Lind east bridge and approach construction ... 20,000 00Pasco-State Road No. 2 right of way ......... .1,883 00

STATE ROAD No. 12- State RoadNo. 12-

(a) KELSO-CATHLAMET Kelso-Kelso-Cathlamet location, right of way, better- Cathlamet.

ment and construction.................. 250,898 64

(b) CHEHALIs-ASTORIA FERRY Chehalis-Adna-Y Bridge construction.................. 2,304 48 AstoriaFerry.Y-Bridge-Mays Crossing...................... 14,509 95Mays Crossing-Pluvius construction ........... 90,894 74

STATE ROAD No. 13- State RoadGrays Harbor to Willapa Harbor construction 226,615 58 No. 13.

STATE ROAD No. 14- State Road

Port Orchard-Harper 'construction ............ 43,143 42 No. 14.

STATE ROAD No. 22- State RoadHunters-Cedonia construction ................. 37,403 90 No. 22.

EXTENSION OF STATE ROAD No. 22- Extension ofBeginning at a point approximately one mile State RoadNo. 22.

south of Meyers Falls via Marcus to North-port, extension of State Road No. 22...... 88,267 59

PACIFIC HIGHWAY, MT. VERNON-GREAT NORTHERN VIADUCT- Pacific High-way, Mt.

For one-half cost of viaduct over Great North- Vernon-ern railway to be matched by city of Mt. GreatNorthernVernon when Second Avenue in the city Viaduct.of Mt. Vernon has been paved by said cityto the south city limits, all money to beexpended under full charge, supervision,and control of the State Highway Engi-neer (or so much thereof as may benecessary) ............................... 4,697 94

PAcIFIc HIGHWAY-CITY OF TACOMA- Pacific High-way-City ofFor a connection between Edison Avenue and Tacoma,

connectionPuyallup Avenue to be located by the Edison andState Highway Engineer, provided that the A.City of Tacoma secure all right of wayand supply sufficient funds to complete theconstruction including paving, under thefull charge, supervision, and control there-

of by the State Highway Engineer....... 179,325 59

622 SESSION LAWS, 1929. [C. 225.

Pacific High- PACIFIC HIGHWAY-CITY OF SEATTLE-LAKE UNION BRIDGE-way-Seattle-Lake Union For the construction of such bridge: Provided,Bridge. That the city of Seattle, or county

of King, jointly or severally, upon not lessthan sixty days' notice in writing by theState Highway Engineer, shall deposit incity or county depositary banks in the cityof Seattle, payable to the order of theState Auditor upon vouchers signed by theState Highway Engineer, double theamount of this re-appropriation to be ap-plied on the construction of such bridgeto be built under full charge, supervisionand control of construction thereof bythe State Highway Engineer; And Pro-vided further, That it is hereby declared tobe the purpose of the State of Washingtonto furnish and appropriate from the MotorVehicle Fund in the State Treasury to aidin the construction of such bridge the sumof Five Hundred Thousand Dollars ($500,-000.00) hereby re-appropriated and the fur-ther sum of One Million Dollars ($1,000,-000.00) to be appropriated by the Twenty-first Legislature, and no more, and thatsaid sum shall be the full obligation of theState of Washington toward the construc-tion, maintenance and operation of saidbridge; And Provided further, That saidbridge, when constructed shall be operatedand maintained by the city of Seattle orthe county of King, or both, as is now or

may be hereafter provided by law and with-out any expense or responsibility on the

Everett part of the State of Washington.City Limits,Broadway Everett City Limits, Broadway Street south.. 33,118 45Street south.

Asotin-South. Asotin-South, construction................. _.51,154 25

State Road State Road No. 5 from Tacoma to the junc-No. 5-Tacoma to tion of the Roy Road, for paving and wid-

uno of dening ................................. 41,918 60

State Road For the improvement of a road in the vicinityNo. 12-Ilwaco to of Ilwaco, Pacific county, from junction ofNorth Head State Road No. 12 by the most feasibleMilitaryReservation. route to the North Head Military Reser-

vation .................................. 8,842 53

Cascade For the construction of the Cascade Wagonroad ................................... 103,019 16

SESSION LAWS, 1929.

SEC. 2. This act is necessary for the immediate Eff tiveim-

support of the state government and its public in-stitutions and shall take effect immediately.


CHAPTER 226.[S. B. 267.]

TAXATION INSURANCE COMPANIES.

AN ACT relating to marine insurance, providing for the regula-tion and taxation of marine insurance companies, andamending Section 7071 of Remington's Compiled Statutesof Washington.



Compiled Statutes of Washington be amended to Comp. Stat.

read as follows:Section 7071. All insurance companies, now do- Annual

statementing business in this state, or that may hereafter do before Febu-

business in this state, unless otherwise provided inthis act, must make and file with the commissionerannually, on or before the fifteenth day of Februaryin each year, a statement under oath, upon a form tobe prescribed and furnished by the commissioner,stating the amount of all premiums collected, or con-tracted for by the company making such statement,in this state, during the year ending Decemberthirty-first, next preceding; the amounts actuallypaid policy holders on losses; the amounts paid

policy holders as return premiums; the amountspaid policy holders as dividends; the amount of in-surance re-insured in other companies authorized todo business in this state, naming them, and theamount of premiums paid therefor; and the amount

CH. 226.] 623

of insurance re-insured in companies, naming them,not authorized to do business in this state, and theamount of premiums paid therefor; and the amountof re-insurance accepted from admitted companiesand the premiums received for such re-insurance onrisks located in this state, with the names of thecompanies so re-insured.

The commissioner shall file a copy of such veri-Commis- fled statement or schedule with the state treasurer,sioner tofile with and said company shall pay to the state treasurer,statetreasurer. through the insurance commissioner's office, a taxTax of of two and one-quarter per centum on all premiums2 % % onpremiums. collected, or contracted for: Provided, That in theFire . case of companies engaged in fire insurance, or anycompanmes.

other line of insurance, except life insurance, andmarine insurance as hereinafter provided, the taxshall be collected on such premiums, after deductingfrom the gross amount thereof the amounts paid topolicy holders as returned premiums and theamounts paid as premiums to admitted companiesfor re-insurance; and in the case of life insurancethe tax shall be collected on the gross amount of pre-miums, after deducting therefrom the amounts paidas premiums to admitted companies for re-insur-ance: And provided, further, That if any such com-

Investment pany, corporation or association shall have fifty perof funds inpublic bondsmror warrants. centum or more of its assets invested in any bonds

or warrants of this state, or bonds or warrants ofany county, city, or district within this state, or intaxable property within this state, or in first mort-

1% tax. gages upon improved real estate within this state,then the tax shall be but one per centum on theamount so collected: And provided further, Thatwith the exception of license fees, real estate andpersonal property taxes, and taxes under the recip-rocal provisions of section 7092, every insurer organ-

Marine ized, admitted or licensed to transact the businessinsurance.

of marine insurance (as hereinafter defined) within

SESSION LAWS, 1929. [CHi. 226.624

SESSION LAWS, 1929.

this state, shall with respect to all marine insurancewritten within this state upon hulls, freights, or dis-bursements, or upon goods, wares, merchandise andall other personal property and interests therein, incourse of exportation from, importation into anycountry, or transportation coastwise and inter-coastal, including transportation by land or waterfrom point of origin to final destination in respectto, appertaining to, or in connection with, any andall risks or perils of navigation, transit or transpor-tation, and while being prepared for, and whileawaiting shipment, and during any delays, storage,transhipment, or reshipment incident thereto, in-cluding war risks and marine builder's risks, betaxed only on that proportion of the total under- Taxed.

writing profit of such insurer from such insurancewritten within the United States, which the grosspremiums of the insurer from such insurance writ-ten within this state bear to the gross premiums ofsuch insurer from such insurance written within theUnited States. The term "underwriting profit" asused herein, shall be arrived at by deducting from pnderwrit -

the net earned premiums on such marine insurancecontracts written within the United States duringthe calendar year (1) the losses incurred, and (2)expenses incurred, including all taxes, state and fed-eral, in connection with such net earned premiums.

Net earned premiums on such marine insurance Net earnedpremiums

contracts written during the calendar year shall be computed.

arrived at as follows:Gross premiums on such marine insurance con- Gross

tracts, written during the calendar year, less anyand all return premiums, any and all premiums onpolicies not taken and any and all premiums paidfor such reinsurance.

Add unearned premiums on such outstanding unearnedpremiunms.

marine business at the end of the preceding calendaryear.

OH. 226.] 625

SESSION LAWS, 1929.

Deduct unearned premiums on such outstandingLosses marine business at the end of the current calendarincurred.

year.

Losses incurred, as used herein, shall mean grosslosses incurred during the calendar year under suchmarine contracts written within the United States,less reinsurance claims collected or collectible andsalvages or recoveries collectible from any sourceapplicable to the aforesaid losses.

pecinses- Expenses incurred shall include:(a) Specific expenses incurred on such earned

marine premiums, consisting of all commissions,agency expenses, taxes, licenses, fees, loss-adjust-ment expenses, and all other expenses incurred di-rectly and specifically in connection with such pre-miums, less recoveries or reinbursements on accountof or in connection with such commissions or otherexpenses collected or collectible because of reinsur-ance or from any other source.

General. (b) General expenses incurred on such earnedpremiums, consisting of that proportion of generalor overhead expenses, such as salaries of officersand employees, printing and stationery, all taxes ofthis state and of the United States, except as other-wise provided herein, and all other expenses notchargeable specifically to a particular class of insur-ance which the net premiums of such marine insur-ance written bear to the total net premiums writtenby such insurer from all classes of insurance writtenby it during the current ealendar year.

Provided, however, That in arriving at the afore-

exene t said "underwriting profit," for purposes of taxa-to exceed40% of tion under this section there shall not be deductedrous. in respect to expenses incurred, as hereinbefore de-

fined and specified in paragraphs (a) and (b)amounts which, in the aggregate, exceed forty percentum of the aforesaid gross premiums on suchmarine insurance contracts.

626 [Cni. 226.

SESSION LAWS, 1929.

Every insurer transacting marine insurance in Report filedFeby. 15.

this state shall file on or before the fifteenth day ofFebruary in each year with the insurance commis-sioner, and in the form prescribed by him, a reportof all the items pertaining to its insurance businessas enumerated and prescribed in the preceding sub-division. To determine the basis of the tax on un-derwriting profit, every insurer which has been writ-ing such marine insurance in this state for threeyears shall furnish to the insurance commissionera statement of all of the aforementioned items, inthe form prescribed by him for each of the preced-ing three calendar years. An insurer which has notbeen writing such marine insurance for three yearsshall furnish to the insurance commissioner a state-ment of all the aforementioned items for each of thecalendar years during which it has written suchmarine insurance.

If the insurance commissioner finds the report ofthe insurer reporting correct, he shall, if the insurerhas transacted such marine insurance for threeyears (1) ascertain the average annual underwritingprofit, as defined by this section, derived by theinsurer from such marine insurance business writ- Method of

ten within the United States during the last preced- M7 uting

ing three calendar years, (2) ascertain the propor-tion which the average annual premiums of the in-surer from such marine insurance written by it inthis state during the last preceding three calendaryears bears to the average total of such marine pre-miums of the insurer during the same three years,(3) compute an amount of five (5) per centum onthis proportion of the aforementioned average an-nual underwriting profit of the insurer from suchmarine insurance, and (4) charge the amount of taxthus computed to such insurer as a tax upon suchmarine insurance written by it in this state duringthe current calendar year. The insurance commis-

CH. 226.] 627

sioner shall each year compute the tax, according tothe method described in this section, upon the aver-age annual underwriting profit of such insurer fromsuch marine insurance during the preceding threeyears, including the current calendar year, namely,at the expiration of each current calendar year, theprofit or loss on such marine insurance business ofthat year is to be added or deducted, and the profitor loss upon such marine insurance"business of thefirst calendar year of the preceding three yearperiod is to be dropped so that the computation ofunderwriting profit for purposes of taxation underthis section will always be on a three-year average,

Business Provided, however, That an insurer which has nottransactedless than been writing such marine insurance in this state for3 years. three years shall, until it has transacted such busi-

ness in this state for that number of years, be taxedon the basis of its annual underwriting profit onsuch marine insurance written within the UnitedStates for the current calendar year, subject, how-ever, to an adjustment in the tax as soon as the in-surance commissioner, in accordance with the provi-sions of this section, is enabled to compute the taxon the aforementioned three-year basis; And pro-vided, further, That in the case of mutual companies,the insurance commissioner shall not include in un-derwriting profit, when computing the tax prescribed

Mutual by this section, the,amounts refunded by such com-companies. panies on account of premiums previously paid by

their policy-holders.When the insurance commissioner has computed

Notice and the tax on an insurer's underwriting profit, he shallpayment oftax. forthwith mail to the last known address of the prin-

cipal office of such insurer a statement of the amountso charged against it, which amount the insurer shallpay to the state treasurer through the insurancecommissioner's office within thirty days after re-ceipt of such notice from the insurance commis-

SESSION LAWS, 1929.628 [CH. 226.

SESSION LAWS, 1929.

sioner, Provided, however, That in assessing taxes Recirocal

upon the reciprocal provisions of section 7092, creditshall be allowed for any taxes paid or payable underthis section. The tax, and the basis thereof, pro-vided for in this section, shall apply to the year end-ing December thirty-first, nineteen hundred andtwenty-nine, as well as to subsequent years; Andprovided further, That for the purpose of this sec-tion, the terms "marine insurance" and "marine :Marine,,business" and "marine risks" shall mean insurance "marine

business,"

or reinsurance against any and all kinds of loss of "-arine

or damage to: defined.

(a) Vessels, craft, air craft, cars, automobiles Vesselsand other

and vehicles of every kind (excluding air craft and property.

automobiles operating under their own power orwhile in storage not incidental to transportation),as well as all goods, freights, cargoes, merchandise, Cargoes.

effects, disbursements, profits, moneys, bullion, se-curities, choses in action, evidences of debt, valu-able papers, bottomry and respondentia interestsand all other kinds of property and interests there-in, in respect to, appertaining to or in connectionwith any and all risks or perils of navigation, tran-sit, or transportation, including war risks, on orunder any seas or other waters, on land or in theair, or while being assembled, packed, crated, baled,compressed or similarly prepared for shipment orwhile awaiting the same or during any delays, stor-age, transhipment, or reshipment incident thereto,including marine builder's risks, and all personalproperty floater risks including bailees customersrisks and risks commonly known as bundle insur-ance, and

(b) Person or to property in connection with Alariner

or appertaining to a marine, transit or transporta- eron or

tion insurance, including liability for loss of or dam- property.

age, arising out of or in connection with the con-

CH. 226.] 629

struction, repair, operation, maintenance or use ofthe subject-matter of such insurance (but not includ-ing life insurance or surety bonds); but, except asherein specified, shall not mean insurances againstloss by reason of bodily injury to the person, and

Precious (c) Precious stones, jewels, jewelry, gold, sil-stones,jewelry, ver and other precious metals, whether used in busi-etc.

ness or trade or otherwise and whether the same bein course of transportation or otherwise.

Tax payable The taxes herein provided, except taxes uponMarch 1st.

marine insurance, shall be due and payable on thefirst day of March succeeding the filing of the state-ment provided for herein.

Penalty for Any company, failing or refusing to render suchdelinquency, opnrfsnstatement and information, and to pay taxes hereinspecified, for more than thirty days after. the timespecified, shall be liable for a fine of twenty-five dol-lars for each additional day of delinquency, and suchtax may be collected by distraint, and such fine maybe recovered by an action, to be instituted by thecommissioner, in the name of the state, the attorneygeneral representing him, in any court of competentjurisdiction.. The amount of the fine collected shallbe paid to the state treasurer and credited to thegeneral fund; and the commissioner may revoke andannul the certificate of authority of such delinquentcompany, until such taxes and fine, should any beimposed, are fully paid.

Form ofannual The annual stateylent made to the commissioner,statement. pursuant to this section, or other provisions of law,

shall at least include the substance of that requiredby what is known as the "convention blank form,"adopted from year to year, by the national conven-tion of insurance commissioners, and shall also in-clude such other information as may be required bythe commissioner.

630 SESSION LAWS, 1929. [CH. 226.

SESSION LAWS, 1929.

SEC. 2. All acts or parts of acts inconsistent Incnsistent

with the provisions of this act are hereby repealed. repealed.


CHAPTER 227.[S. B. 323.]

CORPORATION FEES.

AN ACT relating to fees of foreign and domestic corporations,repealing certain acts and parts of acts relating thereto, anddeclaring an emergency.


SECTION 1. All corporations hereafter organ- Domestic,hereater ogan-schedule.ized under the laws of this state, except the corpora-tions for which existing law provides a different feeschedule, shall pay for the filing of its articles ofincorporation a fee of twenty-five ($25.00) dollarsfor the first fifty thousand ($50,000.00) dollars, orless, of its authorized capital stock, and one-twen-tieth (1/20) of one per cent (1o) additional on allamounts in excess of fifty thousand ($50,000.00) dol-lars and not exceeding one million ($1,000,000.00)dollars, and one-fiftieth (1/50) of one per cent (17)additional on all amounts in excess of one million($1,000,000.00) dollars, and not exceeding four mil-lion ($4,000,000.00) dollars, and one one-hundredth(1/100) of one per cent (17) additional on allamounts in excess of four million ($4,000,000.00) dol-lars; but in no case shall the amount exceed twenty-five hundred ($2500.00) dollars.

Every corporation heretofore or hereafter or-ganized under the laws of this state, except the cor-porations for which existing law provides a differ-

CH. 227.] 631

^me nutory ent fee schedule, desiring to file in the office of thementalmrtie. secretary of state, articles amendatory or supple-

mental articles increasing its capital stock, or certifi-cates of increase of capital stock, shall pay to thesecretary of state the fees hereinabove in this sec-tion provided, in proportion to such increased cap-ital stock, and every such corporation desiring tofile other amendatory or supplemental articles shallpay to the secretary of state a fee of ten dollars($10.00).

SEC. 2. All foreign corporations doing intra-Foreign. state business, or hereafter seeking to do intrastate

business in the State of Washington shall pay forthe privilege of so doing the same fees as are pre-scribed in section one (1) hereof for the filing ofarticles of incorporation of a domestic corporation,such fees to be computed upon the portion of capitalstock of such corporation represented or to be repre-sented in the State of Washington, to be ascertainedby comparing the value in money of its entire prop-erty and capital with the value in money of its prop-erty and capital in, or to be brought into, and usedin this state. Any corporation that shall employan increased amount of its capital stock within thestate shall pay fees at the same rate upon such in-crease, and whenever such increase is made suchcorporation shall file with the secretary of state, astatement showing the amount of such increase.

SEc. 3. Before any foreign corporation shall beStatement authorized to do intrastate business in the State ofrequired offoreign Washington it shall file with the secretary of statecorporation.

upon a blank form to be furnished for that purposeunder the oath of its president, secretary, treasurer,superintendent or managing agent in this state, astatement showing the following facts:

(a) The number of shares of capital stock ofContents. the company and the par value and market value

of each share, and if such shares have no par value,

SESSION LAWS, 1929.632 [CKa. 227.

SESSION LAWS, 1929.

then the value of the assets represented by non-parshares.

(b) The portion of the capital stock of the com-pany which is represented and/or to be represented,employed and/or to be employed in its businesstransacted or to be transacted in the State of Wash-ington.

(c) The value of the property in or to bebrought into, and the amount of capital to be usedby the company in the State of Washington and thevalue of the property and capital owned and/or usedby the company outside of the State of Washington.

(d) Such other facts as the secretary of statemay require.

From the facts thus reported, and such other ad-ditional information as the secretary of state mayrequire, the secretary of state shall determine theamount of capital or the proportionate amount ofthe capital stock of the company represented by itsproperty and business in the State of Washingtonand upon which the fees prescribed herein are pay-able.

SEc. 4. Every corporation organized under the Domestic

laws of this state, except the corporations for which ficnefee,existing law provides a different fee schedule, shall schedule.

pay, on or before the first day of July of each andevery year, to the secretary of state, for the use ofthe state, an annual license fee of fifteen ($15.00)dollars for the first fifty thousand ($50,000.00) dol-lars or less of its authorized capital stock; and one-fortieth (1/40) of one per cent (1%) additional onall amounts in excess of fifty thousand ($50,000.00)dollars, and not exceeding one million ($1,000,000.00)dollars; and one one-hundredth (1/100) of one percent (1%) additional on all amounts in excess ofone million ($1,000,000.00) dollars, and not exceed-ing four million ($4,000,000.00) dollars; and onetwo-hundredth (1/200) of one per cent (1%) addi-

633CiH. 227.]

SESSION LAWS, 1929.

tional on all amounts in excess of four million($4,000,000.00) dollars; but in no case shall an an-nual license fee exceed the sum of twelve hundredfifty ($1,250.00) dollars: Provided, That such cor-porations as have heretofore paid the license feerequired by existing law for the period ending July1, 1929, shall not be required to pay further annuallicense fees for such period ending July 1, 1929.

SEc. 5. All foreign corporations doing intra-Foor Lons, state business, or hereafter seeking to do intrastateannuallicense fee. business in this state shall pay for the privilege of

doing such intrastate business in this state the samefees as are prescribed for domestic corporations forannual license fees in the preceding section, suchfees to be computed upon the proportion of the capi-tal stock represented or to be represented by itsproperty and business in this state to be ascertainedby comparing the entire volume of business with thevolume of intrastate business in this state and anysuch corporation that shall employ an increasedamount of its capital stock within this state shallpay license fees upon such increase in the same pro-portion as provided in the preceding section for pay-ment of license fees by domestic corporations andsuch corporations shall file with the secretary ofstate a statement showing the amount of such in-crease and shall forthwith pay to the secretary ofstate the increased license fee brought about by suchincreased use of capital represented by its propertyand business in this state, such fees to be paid on orbefore the first day of July of each and every year:Provided, however, That such foreign corporationsas have heretofore paid, and renounce claim for re-payment of, license fees as provided for in chapter149 of the Laws of 1925, Extraordinary Session, forthe period ending July 1, 1929, shall not be requiredto pay further annual license fees for the periodending July 1, 1929.

634 [CHr. 227.

SESSION LAWS, 1929.

SEC. 6. That in the event any such foreign cor- Foreign

poration shall feel aggrieved at the decision of the cota to

secretary of state relative to the fee for the filing ofits articles of incorporation, or by the action of thesecretary of state in fixing its annual license fee, itmay, within thirty days file its notice of appeal fromsuch order in the superior court of Thurston county,Washington, together with a statement of thegrounds of its appeal and the reductions or changesin such fees sought, and the court shall proceed sum-marily to hear and determine the questions raised bysuch appeal and make and enter such order thereinas to the court may seem meet and proper: Andprovided further, That either party may have theright of appeal from such judgment and decision tothe supreme court of the State of Washington, thepractice and procedure in appeals in civil cases togovern such appeals.

SEC. 7. Building and loan and savings and loan Building andloan and

associations paying special fees provided for in the savingsand loan

act under which the same are incorporated shall not associations

be required to pay the filing and license fees pro-vided for herein and shall be exempted from the pro-visions of this act.

SEC. 8. That the annual fee required to be paid PublicSerVICe

to the department of public works by any public comanies

service company shall be deducted from the annual deductions.

license fee provided herein and the excess only shallbe collected.

SEC. 9. That sections 1, 2 and 6 of chapter 140 statutes

of the Laws of 1907, as amended by chapter 149 ofthe Laws of the Extraordinary Session of 1925,(sections 3836, 3837 and 3841 of Remington's Com-piled Statutes, 1927 Supplement) are hereby re-pealed.

SEC. 10. If any section or provision of this act Invalidityof part not

shall be adjudged to be invalid or unconstitutional, to affectbalance.

CH. 227.] 635

SESSION LAWS, 1929.

such adjudication shall not affect the validity of theact as a whole, or any section, provision or partthereof not adjudged invalid or unconstitutional.

SEC. 11. This act is necessary for the immediateEffective im-mediately. support of the state government and its existing

public institutions, and shall take effect immediately.Passed the Senate March 7, 1929.Passed the House March 13, 1929.Approved by the Governor March 26, 1929.

CHAPTER 228.[S. B. 290.1

GENERAL APPROPRIATIONS.

AN ACT making appropriations for the payment of salaries ofcertain officers and employees of the state and for the opera-tion, maintenance and other expenses of certain state insti-tutions, departments and offices, for the purchase of land,the construction of buildings and improvements for the vari-ous state institutions designated and mentioned, and foremergencies, and for sundry civil expenses of the state gov-ernment, and for miscellaneous purposes for the fiscal bi-ennium beginning April 1, 1929, and ending March 31, 1931,except as otherwise provided, and declaring that this actshall take effect immediately.


SECTION 1. The following sums, or as muchthereof as shall severally be found necessary arehereby appropriated out of any of the monies in theseveral funds in the state treasury hereinafternamed for the payment of salaries of certain offi-cers and employees of the state, and for the opera-tion of certain state institutions, departments andoffices, and for the purchase of land and construc-tion of buildings, and improvements for the variousstate institutions, and for emergencies, and for sun-dry civil expenses of the state government, and for

636 [CH. 228.

CH. 228.] SESSION LAWS, 1929. 637

miscellaneous purposes hereinbelow designated andmentioned and hereinafter expressed, for the fiscalbiennium beginning April 1, 1929, and ending March31, 1931, except as otherwise provided.

SEc. 2. The words "capital outlays," as used outlay

herein, include the purchase of land and erection ofbuildings.

SEc. 3. The word "operations," as used herein, t'io -

includes salaries and wages and necessary travelingexpenses of officers and employees, and all expensesnecessary for supplies, material, services and main-tenance of the various institutions, departments andoffices of the state government.

FROM THE GENERAL FUND.

FOR THE GOVERNOR's OFFICE: Governor'sOperations ........................ $63,400 00 office.

Investigation and emergency pur-poses, to be distributed on vouch-ers approved by the Governor.... 18,000 00

Extradition expenses............... 10,000 00

Total Governor's Office ....... $91,400 00

FOR THE GOVERNOR'S MANSION: Governor's

Maintenance and furnishings of every mansion.

kind, to be distributed on vouch-ers approved by the Governor... $12,500 00

FOR THE LIEUTENANT GOVERNOR: Lieutenant

Salary of Lieutenant Governor and Governor.hotel bills and traveling expenseswhile attending sessions of thelegislature and when acting Gov-ernor .......................... $3,400 00

FOR THE SECRETARY OF STATE: Secretary of

Operations.........................$46,100 00 state.

Blue Sky Enforcement (Securities Blue SkyAct) ........................... 43,000 00 Law.

Printing, advertising and mailing in- Initiativeitiative and referendum measures andur arndand constitutional amendments.. 31,200 00 constitutionalamendments.

Printing expert ....................... 4,800 00

T otal .......................Printing

$125,100 00 expert.

638 SESSION LAWS, 1929. [CH. 228.

State FoR THE STATE TREASURER:Treasurer.

Operations ........................ $64,500 00

FROM THE MOTOR VEHICLE FUND.

Operations ........................... $32,600 00

FROM THE FISHERIES FUND.

Operations ........................... $24,000 00

FROM THE HIGHWAY SAFETY FUND.

Operations ............................. $5,000 00


State FOR THE STATE AUDITOR:Auditor.

Operations ......................... $87,000 00

Division of Division of Municipal Corporations-Municipal Operations ...................... 29,000 00Corporations.

Total ...................... $116,000 00

Attorney FOR THE ATTORNEY GENERAL:Genera].

Operations ......................... $128,450 00

Superin- FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION:tendent ofPublic Operations ........................ $136,500 00Instruction. To publish the Washington StateWashington Manual and other publications re-StateManual. quired by law................... 3,500 00

Total ...................... $140,000 00

Commis- FOR THE COMMISSIONER OF PUBLIC LANDS:sioner ofPublic Operations ........................ $211,500 00Lands.

Insurance FOR THE INSURANCE COMMISSIONER:Commis-sioner. Operations ........................ ......... $175,500 00

Supreme FOR THE SUPREME COURT:Court. Operations ......................... $178,000 00

Supreme FOR THE SUPREME COURT REPORTER:CourtReporter. Operations ........................ ........ $24,000 00

Superior FOR THE SUPERIOR COURT JUDGES:CourtJudges. Operations ........................ $258,000 00

State FOR THE STATE CAPITOL COMMITTEE:

Capitol Operations ........................ $15,000 00Committee.

Cu. 228.] SESSION LAWS, 1929. 639

FROM THE CAPITOL BUILDING CONSTRUCTION FUND.

FOR THE STATE CAPITOL COMMITTEE: StateCapitol

Reappropriation for the completion Committee.of furniture and furnishings of prothe Legislative Building and pur-chase of land....................$32,653 89

Grading and landscaping of Capitol Grading andGrounds, including sewers, light, landscaping

of capitolwater and other plant equipment, grounds.and soldiers' monuments ........ 202,164 63

Tablets and directory...............3,000 00Page call system...................4,500 00Type "A" painting (Legislative

Bldg.) .......................... 65,000 00Architects' fees for above...........C15,124 80

Total.............................$322,443 32

"The same being the unexpendedbalance of certain existing appro-priations as shown by the StateAuditor's books on December 31,1928.""Provided, however, That the sev-eral amounts above stated, to-

gether with the amount expended,shall not exceed the original ap-propriations made in 1927 forsaid purposes."

For fuel oil pipe line, and storage Fuel oilfacilities..........................3,500 00 pipe line.

To complete installation of lockers, Lockers andintercommunicating telephone sys- inicatin

ter (dictograph) and other furni- telephone

ture and furnishings (including system.

deficiency).......................14,422 50

Total ...................... $17,922 50


FO " THE STATE BOARD OF EDUCATION: State board

balance f certanfexistigtappro

Operations ........................a shown by the State63STATE BOARD OF VOCATIONAL EDUCATION: State Board

Foa THEof Voca-Operations ........................ $35,000 00 tioal

propriaions mdedina927ofo

FOR TEACHERS' RETIREMENT FUND: Teachers'Operations ...................................... $1,000 00 Retirement

Fueldoi

FOR THE STATE BOARD OF EQUALIZATION: State BoardOperations3........................$1,500 00 Of Equaliza-

muonictn

640 SESSION LAWS, 1929. [CH. 228.

State FOR THE STATE FINANCE COMMITTEE:FinanceCommittee. Operations ........................ $2,200 00

Reclamation FROM THE RECLAMATION REVOLVING FUND.RevolvingFund. FOR THE STATE FOREST BOARD:

toa orest Operations ............................. $800 00


Judicial FOR THE JUDICIAL COUNCIL:Council.

Operations ........................ $4,000 00.

State Board FOR THE STATE BOARD OF LAW EXAMINERS:of Law Ex-aminers. Operations ........................ ....... $8,965 00

FROM THE PARKS AND PARKWAY FUND.

FOR THE STATE PARKS COMMITTEE:

For all purposes (not to exceed re-

ceipts) ......................... ......... $150,000 00

Vetoed.


FOR THE UNIFORM LAW COMMISSION:

Operations ........................ $800 00

State Law FOR THE STATE LAW LIBRARY:Library.Operations ........................ $26,800 00

State FOR THE STATE LIBRARY:Library. Operations ........................ $15,000 00

FOR THE STATE TRAVELING LIBRARY:Vetoed.

Operations ........................ $30,000 00

Department FOR THE DEPARTMENT OF PUBLIC WORKS:of Public Operations ........................ $124,200 00Works.

Public FROM THE PUBLIC SERVICE REVOLVING FUND.ServiceRevolving Operations ........................ $186,750 00

(Not to exceed fees collected).


Department FOR THE DEPARTMENT OF BUSINESS CONTROL:of BusinessControl. Operations ........................ $88,200 00

Capitol Capitol Building and Grounds:Buildingand grounds. Operations ..................... ..... $230,300 00

Parole Parole Department:Department. Operations ...... ................ $32,000 00

Transporta- Transportation Department:tion De- Operations ..................... $75,000 00partment.

CH. 228.] SESSION LAWS, 1929.

Deportation of Alien and Non-Resident Insane:

Operations ...................

Western State Hospital:Operations ..................... $815,000 00

Replacing roofs on main build-ings ........................ 20,000 00

Farm ward building and equip-m ent ....................... 50,000 00

Combination dairy warehouse andfeed barn and equipment..... 30,000 00

Slaughter house................ 2,000 00

Concrete silo.................... 1,200 00

Total ....................

Eastern State Hospital:

Operations ..................... $660,000 00One ward building and equipment 175,000 00Chapel and auditorium building

and equipment ............... 125,000 00Superintendent's residence and

furnishings ................. 12,500 00Chicken house.................. 2,500 00

Total ......................

Northern State Hospital:

Operations (including deficiency) $650,000 00One ward building and equipment 110,000 00Employes' dining room addition 25,000 00Tuberculosis building and equip-

ment ....................... 10,000 00

Total ....................

Washington State Penitentiary:

Operations ..................... $525,000 00New cell block 1................ 150,000 00Water tube boiler and stoker.... 28,000 00Execution chamber and quarters 5,000 00Addition to storehouse.......... 4,000 00

Total ....................

641

$40,000 00

DeportationInsane.

WesternStateHospital.

$918,200 00

EasternStateHospital.

$975,000 00

NorthernStateHospital.

$795,000 00

WashingtonStatePenitentiary.

$712,000 00

FROM THE PENITENTIARY REVOLVING FUND. PenitentiaryRevolving

Industrial operations............... $423,675 00 Fund.

-21

642 SESSION LAWS, 1929. [CH. 228.


Washington Washington State Reformatory:State Re-formatory. Operations ..................... $345,000 00

Septic tank..................... 4,000 00Completion of cell wing and

equipment ................... 23,000 00

Total ...................... $372,000 00

Reforma- FROM THE REFORMATORY REVOLVING FUND.tory Revolv-ing Fund. Industrial operations............... $300,000 00

Farm cottages..................... 9,500 00Milk house and calf barn........... 2,500 00Buildings and structures-Farm No.

2 .............................. 18,000 00

Total ...................... $330,000 00


State State Custodial School:Custodial Operations (including deficiencies) $525,000 00School.Oprtos(nldndeiinis$55000

Laundry building and equipment 20,000 00Milk house and equipment....... .. 2,000 00Coal bunkers.............. ...... 1,500 00

Total ...................... $548,500 00

State State Training School:

Srainin (From C. E. P. & R. I. CurrentFund until exhausted.) Bal-ance from General Fund.

Operations ..................... $272,000 00


Remodeling Co.'s B. and D. build-ing ......................... $17,220 00

Employees' cottage.............. 4,000 00Silo ........................... 1,300 00

Total ...................... $22,520 00State State School for Girls:Schoolfor Girls. Operations ..................... * . $170,000 00State State School for Blind:SchoolforBlind. Operations .................. $112,580 00State State School for Deaf:Schoolfor Deaf. Operations ..................... $161,900 00

State State Soldiers' Home:Soldiers' Operations ..................... $163,175 00Home.

Cu. 228.] SESSION LAWS, 1929.

State Soldiers' Colony:Operations .....................

Washington Veterans' Home:Operations ..................... $328,350 00Hospital building and equipment 150,000 00

. Total ....................

FOR DEPARTMENT OF EFFICIENCY:

Operations ........................


Highway Patrol Division:Operations ...................

* FROM THE GENERAL FUND.

Division of Banking:Operations .....................

Industrial Loan:Operations .....................

(Not to exceed fees collected.)

Division of Savings and Loan Associations:Operations ...................

643

StateSoldiers'

$40,000 00 Colony.

WashingtonVeterans'Home.

$478,350 00

$83,650 00Departmentof Efficiency.

HighwayPatrol

$543,723 00 Division.

$130,600 00

$1,000 00

Division ofBanking.

IndustrialLoan.

Division ofSavings and

$60,000 00 Loan Asso-ciations.

FOR THE TAX COMMISSION OF THE STATE OF WASHINGTON:

Operations ........................ $113,200 00

Inheritance Tax and Escheats Division:Operations .....................

FOR DEPARTMENT OF HEALTH:

Operations ........................

FROM THE FISHERIES FUND.Operations ........................


FOR DEPARTMENT OF CONSERVATION AND DEVELOPMENT:

General office operations............ $8,700 00

Forestry Division:

Operations ....................... 156,475 00

Division of Hydraulics:

Operations ....................... 40,000 00

Water Code:

Provisions of Act (Not to exceed

receipts) ... .................. 20,000 00

Geological survey ............... .... 5,000 00

Total ......................

InheritanceTax and

$61,000 00 Escheats.

Departmentof Health.

$85,000 00

$15,000 00FisheriesFund.

Conservationand Develop-ment.

ForestryDivision.

Division ofHydraulics.

WaterCode.

GeologicalSurvey.

$230,175 00

State TaxCommission.

SESSION LAWS, 1929.

ReclamationRevolvingFund.

ReclamationDivision.

[C. 228.

FROM THE RECLAMATION REVOLVING FUND.

Reclamation Division:Operations ..................... $28,000 00Hydrographic survey ............ . 5,000 00Topographic survey............. 5,000 00Kittitas Land Settlement and con-

tracts and bond purchases.... 400,000 00Columbia Basin survey .......... 10,000 00

Total ....................

Departmentof Agricul-ture.

Hay, grainand othercommodities.

Bovine tu-berculosis.

Veto

Predatoryanimals.

$448,000 00


FoE DEPARTMENT OF AGRICULTURE:Operations ........................ $331,970 00Hay, Grain and Other Commodities.

Inspection Service:Operations .................. 216,000 00(Not to exceed fees heretoforeor hereafter collected.)

Eradication of Bovine Tuberculosis.. 100,000 00e For matching U. S. Veterinaryed. Inspectors ................... 23,700 00

Destruction of Predatory Animals:Operations ..................... 25,000 00

Washington Washington State Fair:State Fair.

Operations, including unexpendedbalance of receipts on hand... 40,000 00

Purchase of land................ 10,000 00

Total ....................

Seedinspection.

$746,670 00

FROM THE AGRICULTURAL SEED REVOLVING FUND.

Seed Inspection:Operations ..................... $12,000 00

FROM THE COMMISSION MERCHANTS FUND.

Commission Commission Merchants Act:

Merchants Operations ..................... $6,000 00


Dept. FOR DEPARTMENT OF LICENSES:Licenses. Operations .........................


Operations ........................


Operations .......................

$86,320 00

$355,000 00

$55,000 00

644

SESSION LAWS, 1929.


FOR THE REAL ESTATE DIRECTOR:

Operations ........................(Not to exceed fees collected)

FOR THE DEPARTMENT OF LABOR AND INDUSTRIES:

Operations ......................

FROM THE MEDICAL AID FUND.

Operations ........................ $150,000 00Revolving ......................... 3,000,000 00

Total ....................

FROM THE ACCIDENT FUND.

Revolving .......................


FOR DEPARTMENT OF FISHERIES AND GAME:

Division of Fisheries:Operations ..................... $342,561Fisheries Board................. 5,000Capital outlays.................. 56,900Biological survey................ 20,000Destruction of seals............. .8,000Stream improvements............ 6,000

Total ....................

FROM THE OYSTER RESERVE FUND.

Improvement and protection of oysterreserves ....................... $19,480 00

Capital outlays .................... 3,600 00

Total ....................

FROM THE GAME FUND.

DIvIsIoN OF GAME AND GAME FISH:

Operations ........................ $200,000 00Capital outlays ..................... 42,000 00Biological survey .................. 13,000 00County Game Commissions ........ 15,000 00

Total ....................


FoR DIRECTOR OF HIGHWAYS:

Operations .......................

645

Rea1 Estate

$15,475 00 Director.

Dept. of

$515,000 00 Labor and$515,00 00Industries.

$3,150,000 00

$8,000,000 00

Dept. ofFisheriesand Game.

000000000000

$438,461 00

Oysters.

$23,080 00

Game andGame Fish.

$270,000 00

Director of

$254,100 00 Highways.

CH. 228.]

SESSION LAWS, 1929.

University FOR THE UNIVERSITY OF WASHINGTON:ington. ' (From the University Current

Fund until exhausted. Balancefrom University of WashingtonFund.)

Operations .......................


Vetoed. Operations .......................

Total Operations ...........

[Cn. 228.

$3,738,300 00

150,000 00

$3,888,300 00

University FROM THE UNIVERSITY OF WASHINGTONof Wash- BUILDING FUND.BuildingFund. For the erection, equipment or fur-

nishings of the following build-ings:

New laboratory and classroom build-ing or buildings ................ $455,000 00

Supply House ...................... 25,000 00Remodeling old Science Hall ...... 30,000 00Grounds and roadways............. 15,000 00

Vetoed. Biological Station.................. 15,000 00Green House ...................... 6,000 00

Total .....................

StateCollege.

PuyallupExperimentStation.

Apiculture.Cranberryinvestigation.ProsserExperimentStation.

Vetoed.

FOR THE STATE COLLEGE OF WASHINGTON:

(From the Scientific School Cu*-rent and Agricultural College Cur-rent Funds until exhausted. Bal-ance from the Washington StateCollege Fund.)

Operations .......................

$546,000 00

$2,119,686 00

FROM THE WASHINGTON STATE COLLEGE FUND.

Puyallup Experiment Station opera-tions .......................... $100,000 00

For apiculture .................... 4,000 00

For cranberry investigation ........ . 10,000 00

For Prosser Experiment Station.... 36,836 00

Total .....................


For amount to secure Smith-LeverFund from U. S. Government foragricultural extension work .....

$150,836 00

$127,736 58

646

CH. 228.] SESSION LAWS, 1929. 647

FoR BELLINGHAM STATE NORMAL SCHOOL: BellinghamState

From Normal School Current Fund $30,866 35 Normal.From Bellingham Normal School

Fund .......................... 587,148 00

Operations .................. 618,014 35 618,014 35From Bellingham Normal School

Fund. Gymnasium and recreationequipment ...................... 15,000 00

Total ...................... $633,014 35

Fop CHENEY STATE NORMAL SCHOOL: CheneyState

From Normal School Current Fund $30,866 35 Normal.From Cheney Normal School Fund 454,133 65

Operations ..................... 485,000 00From Cheney Normal School Fund

New boilers, heating plant...... 38,900 00 Vetoed.

Total ...................... $523,900 00

FOE ELLENSBURG STATE NORMAL SCHOOL: EllensburgState

From Normal School Current Fund $30,866 35 Normal.From Ellensburg Normal School Fund 370,360 00

Total Operations .. $401,226 35


Unit of classroom construction . . . $100,000 00

Remodeling president's residence.... 4,000 00Electric service lines .............. 3,800 00Campus lighting system ........... .. 3,000 00Boiler ............................ 12,150 00Irrigation of campus .............. 2,000 00Tunnel ........................... 4,250 00

Total ...................... $129,200 00


FOR LEGISLATIVE ExPENSE: Legislative

For printing, indexing, binding and expense.

editing Session Laws, Senate andHouse Journals, other legislativeprinting, and binding public docu-ments of the Twenty-first Session $17,500 00

For indexing Senate and House Jour-nals ........................... 700 00

Total .... .... . . .. . . . $18,200 00

648 SESSION LAWS, 1929. [CH. 228.

FROM THE MILITARY FUND.Military FOR THE MILITARY DEPARTMENT:Dept. Operations ........................ $362,750 00

Photographic Building - SpokaneAviation Field ................. 6,000 00

Vetoed. I Walla Walla Armory (completion of) 4,500 00

Total ...................... $373,250 00

FROM THE GENERAL FUND.Washington FOR WASHINGTON STATE HISTORICAL SOCIETY:StateHistorical Operations ........................ $15,000 00Society.

FOR BOUNTIES ON WILD ANIMALS (Includ-

ing Deficiency) $20,000 00

FROM THE GAME FUND.

Bounties FOR BOUNTIES ON WILD ANIMALS ...... $15,000 00on wildanimals.


Spanish War FOR CARE OF GRAVEs-Spanish War Vet-Veterans'graves. erans (Including Deficiency) ...... $416 80

Insanity FOR COURT COSTS IN INSANITY CASES.... $4,000 00cases.Criminal Foa CRIMINAL COST BILLS $30,000 00costs.Tubercu- FOR TUBERCULOSIS HOSPITALS (Includinglosis Deficiency) ....................... ...... $275,000 00hospitals.

FROM THE HARBOR IMPROVEMENT FUND.

Harbor im- To be distributed in accordance withprovement. Chapters 168, 169 and 170, Laws of

1913, based on receipts $100,000 00


Interest For interest on Capitol Building Con-Capitol struction Fund Bonds ............. $360,000 00Buildingbonds.


Interest on For guaranteed interest on Shore Landstate shore W arrants ......................... $2,316 32landwarrants.

FROM -THE VETERANS' COMPENSATION BONDRETIREMENT FUND.

Veterans' For Bond Retirement ................ $800,000 00compensationbonds. For Interest.........................1,078,000 00

Total ..................... $1,878,000 00

CH. 228.] SESSION LAWS, 1929. 649


FOR EMERGENCIEs APPROVED PURSUANT Emergencies.

TO SEC. 10, CHAP. 9, LAWS OF 1925: Old CapitolRepair and reconstruction of Old Building.

Capitol Building destroyed by fire(Deficiency) .................... $75,000 00

FoB INTEREST ON WARRANTS DRAWN FOR Interest on

EMERGENCY PURPOSES $1,412 82 warrants.

FROM THE PERMANENT HIGHWAY FUND.

FOR EMERGENCIES APPROVED PURSUANT Emergencies.

Permanent Highways in Island Coun- islandcounties.

ties (Deficiency) $73,854 82

FOR INTEREST ON WARRANTS DRAWN FOR Interest on

EMERGENCY PURPOSES ............ $4,426 10 warrants.


For the payment of Warrants drawn for Emergencywarrants.

Emergency Purposes approved duringthe biennium April 1, 1929, to March31, 1931, pursuant to Sec. 10, Chap. 9,Laws of 1925 ...................... $150,000 00

SEC. 4. This act is necessary for the immediate Effective im-mediately.

preservation of public peace, health and safety, forthe support of the state government and its existingpublic institutions, and shall take effect immediately.

Passed the Senate February 26, 1929.Passed the House March 9, 1929.Approved by the Governor with the exception

of those items which are vetoed March 25, 1929.

SESSION LAWS, 1929.

CHAPTER 229.[S. B. 310.]

SUPPLEMENTAL APPROPRIATIONS.

AN ACT making appropriations and reappropriations for the con-struction of buildings, for maintenance and for sundry ex-penses at the various state institutions, schools, and stateoffices, for the relief of certain individuals, corporations,counties and municipalities, and for miscellaneous purposesfor the biennium beginning April 1, 1929, and ending March31, 1931, except as otherwise provided and providing this actshall take effect immediately.


SECTION 1. The following sums, or so muchthereof as shall severally be found necessary, arehereby appropriated out of any monies in the sev-eral funds of the state treasury hereinafter namedfor the construction of buildings, for maintenanceand for sundry expenses at the various state insti-tutions, schools, and state offices, for the relief ofcertain individuals, corporations, counties and mu-nicipalities, and for miscellaneous purposes for thebiennium beginning April 1, 1929, and endingMarch 31, 1931, except as otherwise provided.

utaysa" SEC. 2. The words "capital outlays," as usedherein, include the purchase of land and erection ofbuildings.

"Operations." SEC. 3. The word "operations," as used herein,includes salaries and wages of officers and em-ployees, and all expenses necessary for supplies,material, services and maintenance of the variousinstitutions, departments and offices of the stategovernment, including necessary traveling expenses:


Seattle. FOR THE CITY OF SEATTLE:

For local improvement assessmentsagainst state lands $52,294 13

650 [CH. 229.

C. 229.] SESSION LAWS, 1929. 651

FOR THE CITY OF SPOKANE: Spokane.

Assessments against School Section16-25-43E. Dist. 1694 ............ $383 20

School Section 16-25-43 E. Dist. 1617 63 55School Section 16-25-43 E. Dist. 1598 688 27School Section 16-25-43 E. Dist. 1157 59 23School Section 16-25-43 E. Dist. 1583 239 58

Total ...................... $1,433 83

FOR THE CITY OF BELLINGHAM: Bellingham.

Assessments against part of Blocks42, 97, 99, and 124, Whatcom TideLands, Dist. 873 ................ $47 17

FOR THE CITY OF PORT ANGELES: PortAngeles.

Assessments against Harbor Area infront Lots 8 and 9, Block 2% andLot 6, Block 1, Dist. 118 ........ $459 00

Foa KLICKITAT COUNTY: Klickitat

White Salmon Irrigation District tax county.

for 1927 and 1928 on SW1 ,4 of

NW% Sec. 36-4-10E ............ $241 50

FOP OKANOGAN COUNTY: OkanoganFOE county.

Whitestone Reclamation District taxfor 1927 and 1928 on part of Twp.38-26E and 38N-27E............. $1,793 61

Methow Valley Irrigation Dist. taxfor 1926, 1927 and 1928 on partSW/ 4 of NW'4 Sec. 15-32-22E... 265 12

Methow-Okanogan Reclamation Dist.(Brewster Division) tax for 1918to 1925 inclusive on part Secs. 5and 7, 30-25E .................. 324 77

Methow-Okanogan Reclamation Dist.(Okeh Division) for 1926, 1927,and 1928 on part Sec. 36-31-24E. . 488 23

Total ..... ............... $2,871 73

FOR STEVENS COUNTY:

Fruitland Irrigation Dist. tax for Vetoed.1926-27 on part Sec. 5, 33-37E.... $7,054 34

FOR GRAYS HARBOR COUNTY: Grays Har-bor county.

For 1928 maintenance tax, diking(and Drainage) Dist. No.. 4 ...... $967 12

FOR ISLAND COUNTY: Islandcounties.

Drainage tax on part Sec. 33-33-1E,Dist. 3, for 1928 and 1929 ........ $110 92

652 SESSION LAWS, 1929. [CH. 229.

Pend Oreille FOR PEND OREILLE COUNTY:county. Drainage tax on part Sec. 35-33-43E,

Dist. 2, for 1927 and 1928 ... $76 04

Skagit FOn SKAGIT COUNTY:county. Dike tax on NW',4 of SW% Sec. 16-

35-3E, Dist. 14, for 1925 to 1928 inc. $57 76Dike tax on Lots 3 and 4, Sec. 36-34-

3E, Dist. 15, for 1925 to 1928 inc. 35 88Dike tax on part Sec. 16-35-4E, Dist.

14, 1925 to 1928 inc. ............ .... 1,078 28Dike tax on Lots 3 and 4, Sec. 36-34-

3E, Dist. 1, for 1925 to 1928 inc.. . 31 05Dike tax on E% of NW% of Sec.

16-33-3E, Dist. 15, for 1925 to 1928inc............................. 1,075 54

Total ...................... $2,278 51

walla walla Fon WALLA WALLA COUNTY:county. Drainage tax on part Sec. 16-8-31E,

Dist. 2, for 1917 to 1928 inc . ... $2,996 05

Benton Fon BENTON COUNTY:county. Sunnyside Irrigation Dist. tax for

1927 and 1928 .................. $2,048 68

Thurston FOR THURSTON COUNTY:county. Drainage tax for 1927, Dist. 101, on

SW'4 of NW1 ! Sec. 36-17-3W. ... $62 27

Grays Har- FOR GRAYS HARBOR COUNTY:bor county. Weed Dist. No. 1, 1927 and 1928 tax

on part Sec. 16-17-7W $95 97

Everett. FOR THE CITY OF EVERETT:

Assessments against SW of NE%Sec. 36-29-4E, Dist. 293, for 1928 $2,322 88

Assessments against SW'4 of NE'4Sec. 36-29-4E, Dist. 400, for 1928 29 27

Total ...................... $2,352 15

Clark FOR CLARK COUNTY:county. Maintenance and Construction tax,

Dist. 5, for 1924 to 1928 inc. onpart Sec. 36-3-2E ............... $389 58

Ellensburg. FOR THE CITY OF ELLENSBURG:Street improvements on Walnut-

Ninth-"E" Streets, Dist. 1927-"A",on Normal School tract ......... $17,873 26

Cn. 229.] SESSION LAWS, 1929. 653

FOE YAKIMA COUNTY: YakimaYakima Benton Irrigation Dist. tax county.

for 1927 ......................... $247 60Outlook Irrigation Dist. tax for 1927

and 1928 ........................ 195 65Dike and Drainage tax on State Fair

Grounds for 1917 to 1927 inc..... 749 07

Total ....................... $1,192 32

Fox JEFFERSON COUNTY: effersonDike and Drainage tax against part county.

Sec. 36-29-1W, Chimacum Drain-age Dist. for 1927 and 1928 ...... $181 53

FOR WAHKIAKUM COUNTY: WahkiakumDrainage assessments against part county.

Sec. 24-8-6W, Dist. 1, for the years1926-27-28 ...................... $3,077 66

Drainage assessments against partSec. 16-9-6W, Dist. 4, for the years1926-27-28 ...................... 2,513 84

Total ...................... $5,591 50

FOR THE CITY OF SEATTLE: Seattle.For construction of park and play-

field in Scottish Heights Addition;Improvement of E. 37th St. et al;Dists. 4648 and 5430, on lands do-nated to the University of Wash-ington by deed dated Sept. 16, 1927,by the Associated Students of theUniversity of Washington ....... $7,631 73

For improvement of Taylor Avenueet al., Dist. 4721, on old Universitygrounds .................... 1,168 65

For improvement of Broad Street etal., Dist. 4488, on old Universitygrounds ........................ 530 20

Total ...................... $9,330 58

FOR THE CITY OF BELLINGHAM: Bellingham.

For Holly Street bridge etc., Dist.No. 685, on SE 70 ft. of Lots 9and 10, Block 88, New Whatcom $4 36

For improvement of High St., Dist.882, on Normal School tract,Blocks 1 and 2, Geo. A. JenkinsAddition ........................ 1,369 97

654 SESSION LAWS, 1929. [CH. 229.

For improvement of Maple St. Exten-sion and Happy Valley Road, Dist.807, on Normal School tract inBlocks 3 and 6, South WhatcomAddition ....................... 68 18

Total ...................... $1,442 51

Aberdeen. FOP THE CITY OF ABERDEEN:

For Sewer Dist. A, H St. frdm Che-halis River to 3rd St., on Lots 1,2, 3 and 4, Block 13, W. & B.Add., Aberdeen Armory tract.... $235 80

Sunnyside. FOR THE CITY OF SUNNYSIDE:

For Sewer Dist. 101, Highway Patroland Supply Station, on part ofLots 6 and 7, Block 47, Town ofSunnyside ...................... $403 56

Bellingham. FOR THE CITY OF BELLINGHAM:For paving alley East of Boulevard,

Dist. 901, on Armory tract, Lots13, 14, 15 and 16, Block 56, NewWhatcom ....................... $715 18

Tax refunds FoB STATE'S PORTION OF TAXES REFUNDED BY COURT ORDERS:

for netain (See Sec. 97, Chap. 130, Laws of 1925):Pacific County .................... $339 26Spokane County ................... 21,312 66Grant County ..................... 4,378 52Snohomish County ................ 1,689 07Thurston County .................. 2,703 33Yakima County ................... 8,118 48Pend Oreille County .............. 253 29Benton County .................... 1,709 08Walla Walla County ............... 1,097 45Lincoln County .................... 3,390 90Franklin County ................. 2,170 94Douglas County ................... 3,086 72Adams County .................... 5,744 41

Total ...................... $55,994 11

Grant FoR GRANT COUNTY:county. For State's portion of taxes remitted

by Grant County on lands sold bythe State to sundry persons undercontract of sale, said contractshaving been subsequently can-celled .......................... $9,216 87

C. 229.] SESSION LAWS, 1929. 655

FoR DOUGLAS COUNTY:

For Donohue Road Dist. No. 8,assessment NWW SWW, NEY4SW'!4 , SEW SW 4 , SWW SWW,NWW SEW, NEW SE%, SEWSEW, SWW SEW, Sec. 18, Twp.27-27, (320 acres) ................. $149 64

For Donohue Road Dist. No. 4,assessment NWW NWW, NEWNWW, SWW NWW, SEW NWW,Sec. 7-26-24; and NWW NEW,NEW NEW, SWW NEW, SEWNEW, Sec. 12, 26-23, (320 acres) 370 44

Total ...................... $520 08

FOR YAKIMA COUNTY:

Pomona Heights Irrigation Dist. for1917; Fr. SWW NWW, 6-14-19,tax, including penalty ...... $4 83

Summitview Cowichee & Tieton RoadImprovement Dist. Assessment for1922-23-24-25-26, including interest:SEW NWW and NEW SWW andNWW SEW, Sec. 16-14-17 ....... ... 326 38

Vetoed.Drainage Districts No. 27 and 32,

assessments and interest; 1927and 1928: The por SEW SEW,NEW NWW ly S and E of diag-onal line joining NE and SW corthereof ex road ad the pt SWWNWW ly S of line drawn fromNE cor NWW SWW NWW to SWcor of said subd less R/W of Sec.16-10-21 ......................... 11 98

Drainage Dist. No. 32 and SunnysideValley Irrigation Dist. taxes, 1921-22-23-24-25-26-27-28, and interest:the pt NEW NWW ly N of linedrawn from NE cor SEW SEW,NEW NWW to SW cor said sub.less Co. Rd. and NEW NWW Sec.16-10-21 ............... 3,210 04

Drainage Dist. No. 41 and Nob Hilland Ahtanum Rd. Dist. taxes,1922-23-24-25-26-27-28, and interest,SEW NWW less Co. Rd.: the ptly S of the center line of Co. Rd.No. 456, as laid out across the sd

656 SESSION LAWS, 1929. [CH. 229.

subdiv.:NEY4 SW'4 less Co. Rd.the pt ly S of cent. li of Co. Rd.No. 456, as laid out across thesubdiv.; NW'! SW'4 less Co.Rd.; the pt ly S of the center lineof Co. Rd. No. 456, as laid outacross the sd subdiv.; SE4NW'4 less Co. Rd.; NE'!4 SW' 4

1; NW 4 SWY4 less Co. Rd.; allin Sec. 36-13-17 ................. 881 IS

Vetoed. Sunnyside Valley Irrigation Dist.assessment, 1921-24-25-26-27, in-cluding penalty. NW'!4 NW'! lessR/W Sec. 16-10-21................1,084 40

Sunnyside Valley Irrigation Dist.assessment, 1927. The pt SW'4NW'.4 ly S of li drawn fromNEY4 cor NW'4 SW 4 to SW corof said subdiv. less R/W, Sec.16-10-21, and penalty ........... . 91 03

Total ...................... .$5,609 84

Seattle. FOR THE CITY OF SEATTLE:

For the relief of the City of Seattlefor payments made in the con-demnation of the W%/2 of W'/2NW/4 Sec. 20-22-7, Sec. 36-22-10;and N'!, Sec. 16-22-8 in connectionwith Cedar River watershed andlater found not to be state lands $1,407 89

For the relief of the City of Seattlefor int. and principal for local

Vetoed. improvement dists. 3277 and 4519for the improvement of Blocks 24and 25, Lake Washington ShoreLands ......................... 8,619 35

Total ...................... $10,027 24

Commis- FOR THE COMMISSIONER OF PUBLic LANDS:siuner ofPublic Survey and platting of first class tideLands. lands of Everett in the Snohom-

ish River ...................... $4,000 00

Survey and establishment of harborlines resurvey of existing tidelands and survey and platting ofadditional tide lands of the firstclass at Port Angeles .......... 7,500 00

Cr. 229.] SESSION LAWS, 1929.

For the relief of Clark V. Savidge,Commissioner of Public Lands,for worthless check given as pay-ment on contract of sale No. 8468 42

Total ....................

FOR THE GOVERNOR:

For special investigation of recordsin Washington, D. C. re. amountof war supplies turned over tothis state by the War Dept....... . $672

For traveling expenses incurred inconnection with official businessincident to discharge of duties asGovernor during period fromApril 1, 1925 to March 31, 1926 3,115

Total .....................

FoR LIEUTENANT GOVERNOR:

For hotel bills and traveling expense


FOR DIVISION OF FISHERIES:

Re-appropriation for hatcheries....


JUDGMENTS:MARTIN E. SNYDER .............................

(State of Washington vs. Martin E. Snyder.)HERTZ DRIV-UR-SELF STATIONS, INC...............

(State of Washington vs. Hertz Driv-Ur-SelfStations, Inc.)

J. L. CRoss, Admr. of the estate of LeRoy W.Cross, deceased ............................(State of Washington vs. J. L. Cross, Admr.)

C. P. H ARTVEDT.................................(C. P. Hartvedt vs. State of Washington.)

FIBREBOARD PRODUCTS, INC . .....................

(State ex rel. Fibreboard Products, Inc., vs.J. Grant Hinkle.)

MARVIN EVANS, Administrator of the estate ofAgnes McLaughlin, deceased ................

(State of Washington vs. Marvin Evans, Ad-ministrator.)

NETHERLAND AMERICAN MORTGAGE BANK ........(Vergil Finos vs. Netherlands American Mort-gage Bank, State of Washington Dept. of Laborand Industries et al.)

Judgments.

Martin E.$577 96 Snyder.

$88 38 HertzDriv-Ur-Self.

$57 05J. L. Cross.

$594 40 C. P. Hart-vedt.

$19 02 FibreboardProducts,Inc.

$46 62

$14 98

MarvinEvans.

NetherlandAmericanMortgageBank.

657Clark V.Savidge.

24

$11,542 24

Governor.

00

00

$3,787 00

$600 00

$36,650 00

LieutenantGovernor.

Fisheries.

658 SESSION LAWS, 1929. [CH. 229.

Phineas PHINEAS SAFFRON ................................. $77 71Saffron. (State of Washington vs. Phineas Saffron.)

R. A. R. A. O'BRIEN ................................. $774 77O'Brien. (State of Washington vs. R. A. O'Brien.)

Geo. Smith, GEo. SMITH and AGNES SMITH................... $131 73AgnesSmith. (Geo. Smith and wife vs. State of Washington

and State Highway Department.)Northern NORTHERN PACIFIC RAILWAY COMPANY .......... ... $6,152 20PacificRailway. (Northern Pacific Railway Co. vs. State of

Washington.)Mabel MABEL O'NEAL ................................. $66 56O'Neal. (State of Washington vs. Mabel O'Neal.)Theodore THEODORE STERLING ............ ............. $25 44Sterling. (State of Washington vs. Theodore Sterling.)

Lawrence LAWRENCE COSTELLO, LouIs COSTELLO and JACKand Louis BARTON ........................................ $151 30Costello andJack Barton. (State of Washington vs. Lawrence Costello

et al.)GEO. OPACICH ............................. ... . $81 45

(State of Washington vs. Geo. Opacich.)

M R. M. R. ARNOLD ..................... ......... $149 94Arnold. (State of Washington vs. M. R. Arnold.)

Geo. Manos. GEO. MANOS ..................... ............. $330 81(State of Washington vs. Geo. Manos.)

Geo. S. GEO. S. HEATON.......................... ...... $549 70Heaton. (State of Washington vs. Geo. S. Heaton.)

GREAT NORTHERN RAILWAY Co................... $5,783 09GreatNorthern (Great Northern Ry. vs. State of Washington.)Ry. Co.


Sam War- SAM WARWICK ................................... $2,034 96wick. (Sam Warwick vs. State of Washington.)

FROM THE GENERAL FUND.United FoR UNITED STATES SHOE MACHINERY CORPORATION... $7 75States ShoeMachinery (For rental of machinery to state penitentiary.)Corporation.

Florence FLORENCE COPE......................................... $37 74Cope. (For cancelled general fund warrant No. 436156.)

Anound Orset. AmuND ORSET ........................... ....... $79 70(For cancelled general fund warrant No. 430996.)

Puget PUGET SOUND POWER & LIGHT CO.................... $8 50SoundPower & (For light furnished prior to present biennium.)Light Co.Norhth Rive NORTH RIVER TRANSPORTATION CO. ................... $45 00North RiverTransporta- (For refund of overpayment of corporation licensetion Co. tax.)

Twin City TWIN CITY TRANSIT Co............................ $75 00Transit Co. (For refund of overpayment of corporation license

tax.)

SESSION LAWS, 1929.

KORLER Co.....................................(For overpayment of corporation license tax.)

GARFIELD COUNTY..................................(For overpayment of 1924 Centralia NormalSchool Fund Tax.)

PRESIDENTIAL ELECTORS ..........................(For per diem and mileage.)

TUBERCULOSIS HOSPITALS .........................(For an additional hospital in King County.)

G. W. COLLINS ..................................(For transporting prisoners prior to present bien-nium.)

CONTINENTAL TELEGRAPH Co . ......................(For refund of corporation license tax a/c Su-preme Court decision-G. N. Ry. Co. vs. State ofWashington.)

SPOKANE, PORTLAND & SEATTLE RAILWAY CO..........(For refund of corporation license tax a/c Su-preme Court decision-G. N. Ry. Co. vs. State ofWashington.)

CHICAGO, MILWAUKEE & ST. PAUL RAILWAY CO .......(For refund of corporation license tax a/c Su-preme Court decision-G. N. Ry. Co. vs. State ofWashington.)

OREGON TRUNK RAILWAY ..........................(For refund of corporation license tax a/c Su-preme Court decision-G. N. Ry. Co. vs. State ofWashington.)

CHICAGO, MILWAUKEE & PUGET SOUND RAILWAY CO....

(For refund of corporation license tax a/c Su-preme Court decision-G. N. Ry. Co. vs. State ofWashington.)


BALLOU & W RIGHT ................................(For material furnished prior to present bien-nium.)

D. J. W. MURDOCK ..............................(For services prior to present biennium.)


FOE BOUNTIES ON WILD ANIMALS ..................

(For period ending March 31st, 1929.)

FoR DEPARTMENT OF AGRICULTURE ..................

(For destruction of predatory animals.)

$76 00 Kohler Co.

$60 65 Garfieldcounty.

$277 00 Presidentialelectors.

$30,000 00 Tubercu-losishospitals.

$63 09 G. W.Collins.

$20.5 00 ContinentalTelegraphCo.

$1,491 00 Spokane,Portland &Seattle Ry.Co.

$4,000 00 Chicago,Milwaukee& St. Paulfly.

$1,489 00 OregonTrunkRailway.

$946 50 Chicago,

& PugetSound Ry.Co.

$29 75 Ballou &Wright.

$15 80 u.3 W_Murdock.

$8,000 00 t animal

$25,000 00 Vetoed.

C. 229.] 659

660 SESSION LAWS, 1929. [Cn. 229.

FROM THE FISHERIES FUND.Seals For DESTRUCTION OF SEALS to March 31, 1929........ .. $1,500 00destruction.

FROM THE PARKS AND PARKWAYS FUND.

State Parks FOR THE STATE PARKS COMMITTEE .................. $2,202 86Committee. (For the period ending March 31st, 1929, on ac-

count of restoration of caretaker's residence whichwas destroyed by fire.)

FROM THE PERMANENT HIGHWAY FUND.

Garfield FOR GARFIELD COUNTY ................................... $5 95county. (For overpayment of 1924 Permanent Highway

tax.)

Walla Walla. FoP WALLA WALLA COUNTY ....................... $139 05county. (For overpayment of 1927 Permanent Highway

tax.)


Fleischmann THE FLEISCHMANN CO . ............................ $371 10Co. (For supplies furnished prior to present bien-

nium.)

FOR SERVICES RENDERED ORa MATERIAL FURNISHED PRIOR

TO PRESENT BIENNIUM:UNDERWOOD TYPEWRITER CO. ....................... $14 85

PACIFIC COAST COAL CO. ........................ $36 00

FORDS PRAIRIE COAL CO. ........................ $11 81

MILLER-CALLISON STORAGE & TRANSFER CO . ...... $25 76

DR. L. G. KIMSEY ................................. $14 00

DR. J. F. PATRICK ................................. $118 00

Dli. G. M. MACGREGOR ................................. $9 00


Samuel SAMUEL WEIMER ..................................... $107 50Weimer. (For cancelled Accident Fund warrants Nos.

155921, 158569, 150514, 153138, 147898, 145228,142690, 140040, 137195, 133918, 163567, 65513, 67527,69490, 71532, 73267, 75618, 77687, 80218, 82312,84618, 86684, 93920, 96520, 98938, 101581, 104854,108368, 112007, 114949, 117836, 121311, 124396,127843, 131195, 161856, 61969, 56168, 60255, 58293,54138, 89206, 91579.)


Consul FOR CONSUL GENERAL OF LATAVIA, as representative ofGeneral ofLatavia. the heirs of Martin Essar (Eser), deceased,

(Yakima County) ............................. $471 44

Seattle FoP SEATTLE TITLE TRUST Co., as executor of theTrust Co. estate of James O'Malley, deceased ............. $200 00

CH. 229.] SESSION LAWS, 1929.

FOR W. W. SHIELDS, Treasurer of King County, Wash-ington:

For refund for 1923 general taxes due and unpaidon real property escheated in the Estate ofWilliam Curtin, Deceased, on March 5, 1927...

FOR ALEX M. PEABODY, as Executor of the Estate ofCharles E. Peabody, Deceased:

Refund of overpayment of inheritance tax ......

Fon E. B. PALMER, as Executor of the Estate of Vir-ginia Gans Ruckman, Deceased:


Foa A. A. LAFROMBOISE, as Administrator of the Es-tate of Joseph Goslin, Deceased:

Refund for 1925 general taxes due and unpaid onreal property escheated in the Estate of JosephGoslin, Deceased, on September 28, 1927 .....

FoR ED. ENGELSEN, as Administrator of the Estate ofArthur Lawson, Deceased:


FoR HELEN HELDER, as Administratrix of the Estateof Bert Helder, Deceased:

Refund of overpayment of inheritance tax .......

FOR GEORGE W. MORGAN, as Executor of the Estate ofMary F. Severance, Deceased:


FoR ALMA MOONEY, as Administratrix of the Estateof John Hulik, Deceased ....................

FOR LEROY W. CHAMBERS, as Administrator of theEstate of Mary Mathews, Deceased:

Refund of overpayment of cash escheated to theState of W ashington........................

FOR W. K. INMAN, as Administrator of the Estate ofAlexander K. Pesonen, Deceased:

Refund of costs paid in Supreme Court of theState of Washington, said costs being taxedagainst the State of Washington ............

FOR C. C. PINNicIC, Administrator of Estate ofJohn P. Kuros:

Claim of heirship by Oscar Klocker,estate .......................... $843 27

And One Liberty Bond ............ 100 00

FOR AuSTrN E. CASE, as Executor of the Estate ofJohn Buchanan, Deceased:

Refund of inheritance tax paid ................

FOR JOHN E. GALLAGHER, as Administrator of the

Estate of Gabriel Olsen Weig, Deceased ......

661

W. W.Shields.

$14 54

Alex M.Peabody.

$219 54

E. B. Palmer.

$98 51

A. A. La-Fromboise.

$6 75

Ed. Engel-sen.

$198 87

HelenHelder.

$27 25

George W.Morgan.

$188 00

Alma$505 41 Mooney.

LeRoy W.Chambers.

$200 70

W. K.Inman.

$51 85

C. C.Pinnick.

$943 27 AustinE. Case.

$1,378 15

$5,510 79John E.Gallagher.

662 SESSION LAWS, 1929. [C. 229.

Foa J. L. CROSS, as Administrator of the Estate ofLeRoy W. Cross, Deceased:

Vetoed. Refund of costs paid in Supreme Court of theState of Washington, said costs being taxedagainst the State of Washington ............ $54 80

Neil W. FOR THE ADMINISTRATOR of the Estate of Neil W. Bell,Bell estate. Deceased .................................... $4,222 94

Nils Han- FOR THE ADMINISTRATOR of the Estate of Nils Hansen,sen estate. Deceased .................................... $2,689 60

J. F. My- FOR THE ADMINISTRATOR Of the Estate of J. F. Myhan,han estate. Deceased:

Refund of overpayment against estate of J. F.Myhan, State Hotel Inspector ................ $65 86

Norma FOR THE GUARDIAN OF NORMA DAHLIN, miaor child:Dahlin. Damages for injuries received when struck by

Northern State Hospital Cadillac sedan ...... $750 00

C. H. Fry. FOR THE RELIEF OF C. H. FaY: ..................... $278 96For construction of sewer on 6th Ave. So. between

Holgate and Connecticut Sts. authorized underOrdinance No. 50792 of the City of Seattle.

Kinman. FOa THE RELIEF OF KINMAN, MORRIS & COMPANY,Morris &Company. Spokane, Washington ...................... ... $25 00

FOR THE RELIEF OF L. S. LAMB, Seattle, Washington. 25 00L. S. Lamb.

Geo. A. FOa THE RELIEF OF GEO. A. HALL, Executor of theHall, Adm. Estate of T. J. McBratney:

On Account of purchase of Olympia Tidelandstract plus int. from Oct. 17, 1927 to April 1,1929 ....................................... $664 69

Joseph FOR THE RELIEF OF JOSEPH ZAMBERLAIN:Zamberlain. On account of purchase of Olympia Tidelands

tract plus int. from Oct. 17, 1927, to April 1,1929 ....................................... $1,041 61


FFOR THE RELIEF OF EMERY and NELSON:Vetoed. For refund of merit rating credit, balance ...... $634 87


Montesano. FOR THE CITY OF MONTESANO:

For refund of application fee No.2309, for a permit to divert waterof east branch of Satsop River ... $200 00

And publication fee ............... 7 20

Total ................................ $$207 20

SESSION LAWS, 1929.

FOR THE RELIEF OF F. 0. HASTINGS:

For reimbursement of amount paid for tide lands,Island County, due to re-survey ............

FOR THE ATTORNEY GENERAL:

Tax litigation ...............................

FROM THE GAME FUND.

FOR THE RELIEF OF MRS. EDWIN JARRISH ............


FOR THE DEPARTMENT OF BUSINESS CONTROL. Archives:

Operations ..................................

663F. 0.Hastings.

$120 60

$50,000 00

AttorneyGeneral.

$1,120 00 Mrs. EdwinJarrish.

$10,000 00


Lunch room equipment ........................ $16,000 00

BusinessControl.

Lunchroom.


FOR WASHINGTON STATE REFORMATORY:

Operations ......................... $19,964 00Kitchen, Mess Hall, Auditorium,

Hospital and Bakery ............ 178,759 00

Total ................................

FOR WASHINGTON VETERANS' HOME:

Paving .........................................

FOR WESTERN STATE HOSPITAL:

Operations ....................................

FOR THE DEPARTMENT OF LABOR AND INDUSTRIES:

Operations ....................................

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION:

For the purpose of paying the increased salary

as provided in Chapter 163 of the Laws of

1925, from Jan. 15 to April 1, 1929 ..........

FOR THE STATE TREASURER:

For the purpose of paying the increased salary as

provided in Chapter 90 of the Laws of theExtraordinary Session of 1925, from Jan. 15,to April 1, 1929 ............................

FOR THE DIVISoN OF SAVINGS AND LOAN:Operations ....................................

FOR THE DIVISION OF BANKING:

O perations ....................................

Reformatory.

$198,723 00

$6,000 00Veterans'Home.

WesternState

$16,000 00 Hospital.

Labor and$19,000 00 Industries.

Supt. PublicInstruction.

$210 00

StateTreasurer.

$206 99

Savings$7,500 00- dLoan

Banking$10,000 00 Division.

CH. 229.]

664 SESSION LAWS, 1929. [C. 229.

Legislative FoR LEGISLATIVE EXPENSE:expense. For the expense of Twenty-first Legis-

lature ......................... $5,000 00For indexing Senate and House Jour-

nals ............................ 100 00Printing ............... -....... 3,000 00For printing, indexing, binding and

editing Session Laws, Senate andHouse Journals and other legisla-tive printing .................... 1,000 00

Total ................................... - $9,100 00

State FOR THE STATE LIBRARY ..........................-. $5,000 00library.

FROM THE RECLAMATION REVOLVING FUND.Columbia COLUMBIA BASIN SURVEY........................... $18,000 00Basinsurvey. FROM THE GENERAL FUND.

Conservative FOR THE RELIEF OF THE CONSERVATIVE LAND & INVEST-Land &Investment MENT COMPANY, a corporation ................ $2,000 00Co. FOR THE RELIEF OF MRs. LIDA M. PALMER:

Refund of overpayment to the State Land Com-m issioner . ............................. $35 00

FOR THE RELIEF OF SARILDA McKEOWN ............... $365 45

(Upon delivery of subrogation of claim.)

FOR THE RELIEF OF A. K. MILLAY ................... $709 44Vetoed. (Upon delivery of subrogation of claim.)

FOR THE RELIEF OF ETHEL B. FOLEY ................ $1,142 52


FOR THE RELIEF OF J. B. HERGESHEIMER ............ $194 00


FOR THE RELIEF OF A. W. PLATTS:

Refund on truck license ........................ $56 00

FOR THE RELIEF OF FRED BOARDMAN:

Indemnity for cattle ........................... $50 00

FOR THE RELIEF OF ALFRED JUNQUEST ................ $375 00


Copenhagen FOR THE RELIEF OF COPENHAGEN BROTHERS:Bros. For balance due on Road Contract No. 459 in

Lewis County .............................. $114 56

FROM THE GENERAL FUND.James Hall. FOR THE RELIEF OF JAMES HALL, Vancouver, Wash-

ington . .................................... $1,120 00

Tieton FOR TIETON WATER USERS' ASSOCIATION:WaterUser's For water charge assessments on the NWV4 andAss'n. N% of SW of Sec. 36-13-17 E ............... $12,130 88

On. 229.] SESSION LAWS, 1929. 665

FROM THE HARBOR IMPROVEMENT FUND. Harborimprovement.

To be distributed in accordance with Chapters 168,169 and 170, Laws of 1913, based on receipts,(including deficiency) .......................... $30,121 92

FROM THE OREGON LICENSE FUND.

To be deposited and become part of the State Fish- Vetoed.eries Fund .................................... $1,649 21

FROM THE MOTOR VEHICLE FUND. Departmentof License.

FOR THE DEPARTMENT OF LICENSE:To carry out the provisions of Senate Bill No. 104,

Operations ................................. $12,000 00


FoR WASHINGTON STATE PENITENTIARY: State

Operation ..................................... $21,000 00 penitentiary.

Women's Ward building and equipment ........ $85,000 00

FOR THE MILITARY DEPARTMENT:

Operation ........................................ $15,000 00

FOR COLUMBIA IRRIGATION DISTRICT:

SW , NE'ly of Canal and south of ry. and SE%,

lying N of Canal and south of railroad, all inSec. 36, Twp. 8, Range 30, in Benton County,taxes for 1927 .............................. $1,299 87

FOR SUNNYSIDE VALLEY IRRIGATION DISTRICT:

State Addition to Prosser, Blocks 1 to 8 inclusive,

taxes for 1925, 1926 and 1927................ $1,459 71State Addition to City of Prosser, Benton Co.:

Blocks 17 to 20 inclusive; Blocks 21 to 24 in-clusive; Blocks 40 to 43 inclusive; Blocks 44 Vetoed.to 47 inclusive; Blocks 48 to 49 inclusive;Blocks 63 to 66 inclusive-taxes for 1925, 1926and 1927.................................... $475 73

Fon HoRSE HEAVEN IRRIGATION DISTRICT:

SW4 of Sec. 16, Twp. 6, Range 27; SE/ 4 of Sec.16, Twp. 6, Range 27; NA of Sec. 16, Twp. 6,Range 27, Benton County-taxes for 1927 .... $32 00

FOR KENNEWICK IRRIGATION DISTRICT:

NW',4 of SE% Sec. 16, Twp. 9, Range 27, BentonCounty, taxes for 1927 ...................... $2 14

NWV4 NW',4, Sec. 16, Twp. 9, Range 27, BentonCounty, taxes for 1927 ...................... $26 00

FROM THE GENERAL FUND. StateTreasurer.

FOR THE STATE TREASURER......................... $42 00

666 SESSION LAWS, 1929. [C. 229.

r FROM THE MOTOR VEHICLE FUND.Vetoed. j FOR THE STATE TREASURER........................ .... $275 00

FROM THE GENERAL FUND.Ferry FoR FERRY COUNTY................................ $1,825 25county.

Dept. FROM THE GAME FUND.Fisheriesand Game. FOR THE DEPARTMENT OF FISHERIES AND GAME...... $25,000 00

Capitol FROM THE CAPITOL BUILDING CONSTRUCTION FUND.Committee.

FOR THE STATE CAPITOL COMMITTEE................ .. $100,000 00

FROM THE GENERAL FUND.Tax Com- FOR THE TAX COMMISSION......................... .. $21,800 00mission. (To carry out the provisions of House Bill

No. 217).

FROM THE LATERAL HIGHWAY FUND.

FOR THE STATE TREASURER........................ $5,000 00

Vetoed. (To carry out the provisions of Senate BillNo. 115).


License FOR THE DEPARTMENT OF LICENSE:Dept. Blue Sky Enforcement (Securities Act) ........ $43,000 00

(To carry out the provisions of House BillNo. 247).

Foa DEDICATORY EXERCISES FOR THE STATE CAPITOL

Vetoed. BUILDING ... ................................ $10,000 00

FOR THE PAYMENT OF WARRANTS DRAWN FOR EMEE-Emergencywarrants. GENCY PURPOSES, pursuant to Sec. 10, Chap. 9

Laws of 1925................................. $100,000 00

State FOR THE STATE AUDITOR:Auditor. Operations .................................... $5,000 00

SEC. 4. This act is necessary for the support of

fe te im- the state government and its existing public insti-tutions, and shall take effect immediately.

Passed the Senate March 11, 1929.Passed the House March 13, 1929.Approved by the Governor, with the exception of

those items which are vetoed, March 25, 1929.

SESSION LAWS, 1929.

CHAPTER 230.[H. B. 105.]

LABOR AND MATERIAL LIENS ON REAL PROPERTY.

AN ACT relating to liens for labor and materials furnished orused in the improvement of real property and granting alien to all persons furnishing materials used in the im-provement of real property, and amending Section 3 ofChapter XXIV of the Laws of 1893.


AmendsSECTION 1. That section 3 of chapter XXIV, § 1131, Rem.

Comp. Stat.;Laws of 1893, page 33 (section 1131 Remington's § s80s,

Pierce'sCompiled Statutes; section 9808 Pierce's Code) be Code.

amended to read as follows:Section 3. Any person who, at the request of

the owner of any real property, his agent, contrac-tor or sub-contractor, clears, grades, fills in or other-wise improves the same, or any street or road infront of, or adjoining the same, and every personwho, at the request of the owner of any real prop-erty, his agents, contractor, or sub-contractor, fur-nishes materials, including blasting powder, dyna-mite, caps and fuses, for clearing, grading, filling in,or otherwise improving any real property or anystreet or road in front of or adjoining the same, hasa lien upon such real property for the labor per-formed, or the materials furnished for such pur-poses.

SEC. 2. That chapter XXIV (24) of the Laws'of 1893, be amended by adding thereto a new sec-tion, to be known as section 3-a, to read as follows:

Section 3-a. Every person, firm or corporationfurnishing materials for clearing, grading, filling in Vetoed.

or otherwise improving any real property or anystreet or road in front of or adjoining the same, atthe request of any agent of the owner of such realproperty, or at the request of any contractor or sub-

Cii. 230.] 667

SESSION LAWS, 1929.

contractor, as provided in the previous section, shall,not later than five days after the date of the firstdelivery of such materials to any agent, contractoror sub-contractor, deliver or mail to the owner or thereputed owner of the property on, upon or in frontof or adjoining which such materials are to be used,a notice in writing, stating in substance and effectthat such person, firm or corporation, has com-

Vetoed. menced to deliver materials for use thereon, withthe name of the agent, contractor or sub-contractorordering the same, and that a lien may be claimedfor all materials furnished by such person, firm orcorporation for use thereon; and no further noticeto the owner shall be necessary. No materialman'slien shall be enforced unless the provisions of thissection have been complied with.

Passed the House February 14, 1929.Passed the Senate March 12, 1929.Approved by the Governor except section 2,

which is vetoed, March 22, 1929.

CHAPTER 231.[H. B. 417.]

APPROPRIATIONS FOR CONSTRUCTION AND MAINTE-NANCE OF HIGHWAYS, STREETS AND BRIDGES.

AN ACT relating to public highways, making appropriations forthe location, rights of way, engineering, maintenance, im-provement, construction and paving thereof, and the con-struction or purchase of bridges, prescribing the powers andduties of certain officers in relation thereto, and declaringthat this act shall take effect immediately.


SECTION 1. For the location, right of way, engi-neering, maintenance, improvement, constructionand/or paving of the respective state highways here-

66S [CH. 231.


inafter specified, and the construction or purchaseor condemnation of bridges, and maintenance and/orimprovement of streets in cities and towns, there ishereby appropriated out of the motor vehicle fundand the highway safety fund in the state treasury,for the biennium ending March 31st, 1931, the re-spective amounts hereinafter specified for the re- Biennium

endingspective highways and purposes specified: Pro- Mrh 31,

vided, That, after the awarding of the contract foror completion of the project specified any allotmentshall exceed the requirement, then, and in that event,the balance remaining of any such allotment shall beexpended for the maintenance, engineering, con-struction, improvement and/or paving on the samehighway, to be expended under the direction of thedirector of highways, except the amounts appropri-ated for cities and towns:STATE ROAD No. 1- State Road

No. 1.Dakota Creek-Blaine construction.. $24,000 00

Waterfront Road-paving-retainingw all ........................... 97,000 00

Blanchard overhead bridge and ap-proach ......................... 205,000 00

Blanchard North-cooperation city ofBellingham-paving ............ 78,000 00

Snohomish River bridge approach-paving gaps ................... 5,000 00

Marysville North-paving-widening 50,000 00Marysville Cut-Off approaches (be-

tween Snohomish River bridgeand Marysville) ................ 5,000 00

King County Line-Everett-locationand right of way............... 2,000 00

Everett South-shoulder widening-construction ................... 17,000 00

Seattle-Snohomish County Line-pav-ing ............................ 234,000 00

Miscellaneous Location ............ 5,000 00Seattle-B. C. Line-oiling ........... . 6,750 00Seattle-B. C. Line-betterment and

reconstruction .................. 57,845 00

Cai. 231.]

Total-Seattle-B. C. Line.. $786,595 00


Seattle- SEATTLE-VANCOUVER-Vancouver.

Pierce County Line-E. Marginal Way20' pavement.................... $585,000 00

Pierce County Line-Kent-Des MoinesRoad-shoulder widening........ 32,000 00

East Marginal Way 20' pavementand widening ................... 67,000 00

King County Line-Tacoma-construe-tion-paving ................... 186,250 00

Fort Lewis-Nisqually-construction-paving ......................... 127,000 00

LaCenter-Woodland-paving gaps... 11,000 00Pioneer Curves-construction....... 27,000 00Vancouver-Salmon Creek - grading

shoulders and surfacing.......... 12,500 00Vancouver Bridge-betterment and

reconstruction ................... 15,000 00Seattle-Vancouver Bridge - better-

ment and reconstruction......... 63,110 00For co-operation with city of Vancou-

ver in the extension of Washing-ton Street, 80 feet wide, from 19thStreet to 24th Street, the same tobe extended in curvature and/ordiagonally across south half ofblock 14 Vaughn's First Addition,and north half block 14 and block7 in Moody and Rothrock's Addi-tion, to make such intersection;

Vetoed. v - vacating all of lots 16, 21, 22, 23and 24, and north 10 feet of lot20 in said block 7, extending pav-ing, curbing, sidewalk and light-ing system from 11th Street tosaid intersection including bal-ance lots vacated in said block 7in order to make desirable inter-sections. (Balance of cost to beprovided and paid for by city ofVancouver) ....................- 75,000 00

Total-Seattle-Vancouver .

Bellingham- BELLINGHAM-AusTIN PAss-Austin Pass.

Summit-end of grade-1% milessouth-construction ............

Warnick-Glacier-construction .....

Bellingham-Warnick-location engi-neering ......................

$1,200,860 00

$92,000 00

128,000 00

10,000 00

[CH. 231.

OH. 231.] SESSION LAWS, 1929.

Bellingham-Austin Pass-oiling..... 20,400 00Bellingham-Austin Pass-betterment

and reconstruction ............... 36,100 00

Total - Bellingham-AustinPass .................

STATE ROAD No. 2-BOTHELL-FALL CITY-

Redmond-Fall City-construction .. $110,000 00Redmond-Fall City-paving ........ .100,000 00Bothell-Fall City-oiling ........... 9,120 00Bothell-Fall City-betterment and re-

construction ..................... 13,100 00

Total-Bothell-Fall City...

SEATTLE-WENATCHEE-Renton to Seattle-construction ... $275,000 00Renton to Seattle-location engineer-

ing-pavement ................. 4,000 00Foot Bridge at Fall City........... 6,000 00Snoqualmie Falls Bridge ........... .80,000 00North Bend-east-paving ......... .100,000 00

North Bend-Edgwick Road-locationengineering .................... 3,000 00

Edgwick Road to Summit-slides-grading ........................ 100,000 00

Lake Keechelus Vicinity-construc-tion ............................ 230,000 00

Snoqualmie Pass-Kachess River-construction ................... 100,000 00

Easton-Yakima River-construction 45,000 00Kachess River-Teanaway-construc-

tion . ........................... 89,100 00Under Crossing at Cashmere in co-

operation with Great NorthernRy. and/or city of Cashmere.... 15,000 00

Columbia River Bridge Approach atW enatchee ....................... 76,000 00

Seattle-Wenatchee-oiling .......... 200,000 00Seattle-Wenatchee-betterment and

reconstruction .................. 95,085 00

Total-Seattle-Wenatchee .

WENATCHEE-IDAHO STATE LINE-Wenatchee-East State Road No. 2-

heavy oiling and construction... $268,000 00Spokane West-Great Northern Ry.

Crossing-paving ................. 145,000 00

671

$286,500 00

State RoadNo. 2.Bothell-Fall City.

$232,220 00

Seattle-Wenatchee.

Vetoed.

1,418,185 00Wenatchee-Idaho StateLine.

SESSION LAWS, 1929.

Davenport-Cottonwood Creek-Bridge-Davenport-West .................. 15,000 00

Wenatchee-Idaho State Line-better-ment and reconstruction........ 70,085 00

Total-Wenatchee-Idaho State Line

State Road STATE ROAD No. 3-No. 3. Jet. State Road No. 2-Columbia River:

Teanaway-Bristol-grading ........Swauk Creek-Ellensburg City Wells

-construction .................Sunnyside-Prosser-construction ...Yakima River Bridge at Prosser ....Prosser-End of Pavement at Kenne-

wick-surfacing ...............Jet. S. R. No. 2-Columbia River-

heavy oiling ....................Jet. S. R. No. 2-Columbia River-

betterment and reconstruction...

Total-Jct. S. R. No. 2-Co-lumbia River .........

Pasco-Walla Walla-Oregon StateLine.

$81,000 00

342,000275,000

40,000

000000

100,000 00

107,500 00

86,300 00

$1,031,800 00

PASCO-WALLA WALLA-OREGON STATE LINE-

Wallula Cut-off-construction ....... $18,000 00

Walla Walla West-paving ........ .103,500 00Touchet-Lowden-construction ...... 36,000 00Betterment and reconstruction .... 24,000 00

Total-Pasco-Walla Walla-Oregon State Line ....

Walla Walla- WALLA WALLA-AsoTIN-Asotin. Waitsburg Bridge-location engineering $20,000 00

Walla Walla-Asotin-oling ........ 91,500 00Walla Walla-Asotin-betterment and

reconstruction ................... 149,500 00

Total-Walla Walla-Asotin

Dodge-Coi0f ax.

$181,500 00

$261,000 00

DODGE-COLFAX-Colfax-South-oiling (heavy)....... $108,500 00Dodge-Colfax-betterment and recon-

struction ....................... 52,750 00

Total-Dodge-Colfax ......

Pullman- PULLMAN-COLFA-SPOKANE-Colfax-Spokane. Colfax-Parvin Road-grading and

surfacing ....................Spokane-Spangle-paving ..........

$161,250 00

$18,000 00100,000 00

[CH. 231.

$498,085 00

672

Cu. 231.] SESSION LAWS, 1929. 673

Spangle-Colfax-paving-grading andbridges ......................... 295,000 00

Pullrian-Colfax-Spokane-oiling .... 66,200 00Pullman-Colfax-Spokane-betterment

and reconstruction ............. 11,000 00

Total-Pullman-Colfax-Spokane $490,200 00

SPOKANE-LAURIER- Spokane-Dennison-Deer Park-construction.. $67,000 00 Laurier.

Kettle Falls to Bridge-surfacing.. . 6,000 00Spokane-Laurier-oiling ............ 140,000 00Spokane-Laurier-betterment and re-

construction ..................... 46,350 00

Total-Spokane-Laurier .. $259,350 00

INLAND EMPIRE HIGHWAY-EASTERN DIvISION- InlandRoSALIA-IDAHO STATE LINE- Empire

Highway.Pullman-Idaho State Line-construc- Eastern

tion ........................... $151,000 00 Division.

Rosalia-Idaho State Line-oiling.... 80,000 00 Rosalia-Rosalia-Idaho State Line-better- Line.

ment and reconstruction ........ . 53,500 00

Total-Rosalia-Idaho StateLine Inland EmpireHighway E. Div. ..... $284,500 00

Bridge between College and No. 3,co-operation with county or cityof Pullman, jointly or severally.. $5,000 00

STATE ROAD No. 4-TONASKET-SAN POIL HIGHWAY- State RoadNo. 4.

WILBUR-REPUB3LIC-Wilbur-

Columbia River-Cache Creek-bridges Republic.and surfacing .................. $110,000 00

Cache Creek-Forest Boundary-loca-tion and right of way........... 15,000 00

Republic-Tonasket-betterment andreconstruction .................. 1,500 00

Total-State Road No. 4... $126,500 00

STATE ROAD No. 5-NATIONAL PARK HIGHWAY- State Road

RENTON-YAKIMA- No. 5.

Crystal Creek-Chinook Pass-con- Renton-Yakima.struction ....................... $680,000 00

Chinook Pass-Morse Creek-NormileGrade-construction ............. 238,000 00

Morse Creek-American River Hotel-

surfacing ........................ 75,000 00-22

SESSION LAWS, 1929. [CH. 231.

Oak Flats-Yakima - location andright of way.................... 38,000 00

Renton-Yakima--oiling ............. 14,500 00Renton-Yakima-betterment and re-

construction ..................... 70,650 00

Total-Renton-Yakima .... $1,116,150 00

Auburn- AUBURN-TACOMA-Tacoma.

King County Line-location and pav-ing ...... ...................... $17,700 00

Sumner-Puyallup-location and pav-ing ............................ 50,400 00

Puyallup-Tacoma-right of way .... 30,000 00Auburn-Tacoma-betterment and re-

construction ................... 5,840 00

Tacoma-RainierNationalPark.

Jct. S. R.No. 1-Gayuse Pass-Elbe.

State RoadNo. 6.Spokane-B. C. Line.

Total-Auburn-Tacoma ...

TACOMA-RAINIER NATIONAL PARK-

Forest Lin6-Park Entrance-locationand paving ...................

Tacoma-Rainier National Park -heavy oiling ...................

Tacoma-Rainier National Park-bet-terment and reconstruction .....

$103,940 00

$85,000 00

9,000 00

9,270 00

Total-Tacoma-Rainier National Park

JCT. S. R. No. 1-CAYUSE PASs-ELBE-

Mossy Rock-Nesike-location and en-gineering ....................... $2,000 00

Kosmos-Randle-location and engi-neering ........................ 1,500 00

Divide-West Fork-engineering andconstruction ..................... 46,000 00

Lewis County Section-bettermentand reconstruction .............. 47,585 00

Total-Jct. S. R. No. 1Cayuse Pass-Elbe .....

STATE ROAD No. 6-PEND OREILLE HIGHWAY-

SPOKANE-B. C. LINE-

Spokane County Line-Diamond Lake-right of way and grading...... $6

lone-Metaline-surfacing .......... 2McCloud Creek Bridge and revisions

-construction ................. 3Spokane-B. C. Line (heavy oiling).. 9

8,000 007,000 00

0,000 002,000 00

$103,270 00

$97,085 00

674

OH. 231.] SESSION LAWS, 1929. 675

Spokane-B. C. Line-betterment andreconstruction and purchase orcondemnation or construction ofbridge over Clark Fork ColumbiaRiver in vicinity of MetalineFalls .......................... 124,000 00

Total-Spokane-B. C. Line $341,000 00

STATE ROAD No. 7-NORTH CENTRAL HIGHWAY- State Road

DAVENPORT-VANTAGE- No. 7.Davenport-

Vantage-Burke-construction ....... $164,500 00 Vantage.Danvenport-Vantage-betterment and

reconstruction ..................- 20,000 00

Total-Davenport-Vantage $184,500 00

ELLENSBURG-VANTAGE- Ellensburg-Vantage.

Kittitas-Rock Canyon-right of way $10,000 00Ellensburg-Vantage-oiling ........ 48,000 00

Total-Ellensburg-Vantage $58,000 00

STATE ROAD No. 8-NORTH BANK HIGHWAY- State Road

VANCOUVER-MARYHILL-Vancouver-

Lacamas Fill-location and paving.. $5,200 00 Maryhill.

Wing Creek-Prindle-construction . . 62,000 00Wing Creek-Cape Horn-bridges and

w alls .......................... 50,000 00Stevenson-Nelson Creek - construe-

tion and bridge................. 72,500 00Nelson Creek-Greer Creek-construc-

tion .............. ............. 170,000 00Greer Creek-Wind River-construc-

tion ........................... 106,000 00Wind River-Cooks-location engineer-

ing ............................ 4,000 00Snowden Road-Lyle-construction... 168,000 00Maryhill West-construction ....... 255,000 00Vancouver-Maryhill-betterment and

reconstruction ................. . 81,600 00

Total-Vancouver-Maryhill $974,300 00

MARYHILL-BUENA- Maryhill-Buena.

Goldendale-Summit-construction .. $252,000 00Maryhill East-location and engi-

neering ........................ 26,000 00Toppenish-Simcoe Ridge - construc-

tion ........................... 140,000 00

676 SESSION LAWS, 1929. [C. 231.

Klickitat County-Simcoe Ridge-sur-facing ......................... 40,000 00

Maryhill-Buena-betterment and re-construction .................... 21,900 00

Total-Maryhill-Buena .... $479,900 00

State Road STATE ROAD No. 9-OLYMPic HIGHWAY-No. 9. OLYMPIA-PORT ANGELES-PORT TOWNSEND-Olympia-Port Purdy Creek-Jct. S. R. No. 14-con-Angeles- srcin............12500Port struction ....................... $152,500 00Townsend. Hoodsport-South-construction ..... 76,950 00

North of Sunds Creek-construction 20,000 00Lilliwaup North-location and right

of way ........................ 9,500 00Jorsted Creek Crossing-location and

right of way.................... 1,000 00Hidden Cove Camp Revision-right

of way ......................... 15,000 00Duckabush North-right of way.... 5,000 00Dosewallips-Jackson Cove-location

and right of way................ 6,000 00Duckabush River Bridges-location

and engineering ................ 2,000 00Jacksons Cove-Lake Hooker-right of

way and grading ................ 34,000 00Port Townsend-Tyler St. South-

engineering and paving ........ 91,500 00End of pavement-Clallam County

Line-construction .............. 123,000 00Agnew-Port Angeles exceptions-

paving ......................... 15,000 00Olympia-Port Angeles-Port Townsend

-oiling ........................ 97,000 00Olympia-Port Angeles-Port Townsend

-betterment and reconstruction 50,000 00

Total-Olympic Highway... $698,450 00

State Road STATE ROAD No. 9-PORT ANGELES-Hon RIvER-No. 9.

Port Angeles-Elwha River-construc-tion ........................... $169,000 00

Fairholm West-right of way...... 3,000 00Sniders Ranger Sta. East and West

-location ...................... 5,000 00Bear Creek Crossing-construction

and bridges .................... 52,000 00Sappho-Lake Creek-location and

engineering .................... 6,000 00

SESSION LAWS, 1929.

Sol Due River Crossing-Const. andbridges ......................

Bogachiel River-Hoh River - con-struction ....................

Hoh River Crossing-location andbridges ......................

Port Angeles-Hoh River-oiling.....

Port Angeles-Hoh River-bettermentand reconstruction ............

Total-Port Angeles-Hoh River.....

PERRY CREEK-OOH RIVER-

Montesano-Aberdeen - location andengineering ....................

East City Limits of Aberdeen on St.R. No. 9 to a point one mile moreor less west-construction ......

Neilton-Lunch-location and engi-neering ........................

Harlow Creek-Cedar Creek-locationand surfacing ..................

Kalalock Creek Bridge-location andbridge .........................

Cedar Creek Bridge-location andbridge .........................

Braden Creek Bridge ..............Nolan Creek Bridge ...............Hoh Crossing Bridge ..............Hoh River-Cedar Creek-constructionPerry Creek-Hoh River-oiling ....Perry Creek-Hoh River-betterment

and reconstruction .............

65,000 00

85,000 00

17,000 00

41,000 00

60,000 00

$503,000 00

Perry Creek-Hob River.

$10,000 00

209,000 00

3,500 00

165,000 00

14,000 00

20,000 004,500 005,000 00

10,000 00262,000 0021,000 00

46,830 00

Total-Perry Creek-IHoh River

GRAND MOUND-ELMA-

Grand Mound-Elma-construction.. $50,000 00Elma East-location and right of

way ........................... 21,500 00Grand Mound-Elma-paving ....... .120,000 00Grand Mound-Elma-betterment and

reconstruction ................ 26,000 00

Total-Grand Mound-Elma

STATE ROAD No. 10-CHELAN OKANOGAN HIGHWAY-Conconully St. in Okanogan to 2nd

Ave. North in Omak-paving.... $170,000 00

677

$770,830 00

GrandMound-Elma.

$217,500 00

State RoadNo. 10.

CH. 231.]

678 SESSION LAWS, 1929. [Ci. 231.

Methow River Bridge ApproachNorth and connection with townof Pateros-construction ........ . 12,000 00

Methow River Bridge-location andbridge ......................... 65,000 00

Pateros-Brewster Flats-location andengineering .................... 2,500 00

Chelan County Line-North-oiling. 27,000 00B. C. Line-Chelan County Line-bet-

terment and reconstruction ..... 57,120 00

Total-Okanogan County.. $333,620 00

Wenatchee- WENATCHEE-OKANOGAN Co. LINE-OkanoganCo. Line. Orondo-North-construction and sur-

facing ......................... $60,000 00Wenatchee-Okanogan Co. Line -

heavy oiling .................... 51,000 00Wenatchee-Okanogan Co. Line-bet-

terment and reconstruction ..... 13,450 00

Total-Wenatchee-Okanogan Co. Line $124,450 00

Wenatchee- WENATCHEE-QUINCY-Quincy. Trinidad-Quincy-location and right

of way ......................... $5,000 00Wenatchee-Quincy-oiling (heavy).. 65,000 00Wenatchee-Quincy-betterment and

reconstruction ................... 24,250 00

Total-Wenatchee-Quincy . $94,250 00State RoadNo. 11R STATE ROAD No. 11-CENTRAL WASHINGTON HIGHWAY-

Pasco-Jet. PASCO-JCT. STATE ROAD No. 2-State Road Lind-E. Bridge and grade-construc-No. 2. tion ........................... $55,000 00

Pasco-Jct. State Road No. 2-oiling(heavy) ........................ 219,000 00

Pasco-Jct. State Road No. 2-better-ment and reconstruction ........ 75,800 00

Total-Pasco-Jct. State Road No. 2 $349,800 00State Road STATE ROAD No. 12-No. 12.

CHEHALIS-ASTORIA FERRY LANDING-Chehalis-Astoria Chehalis-Walville-paying ......... .$143,300 00Ferry Rock Creek Over-crossing .......... 51,500 00Landing. Walville-Astoria Ferry Landing-

location-engineering - right of

way - grading - construction -surfacing - bridges - oiling -betterment and reconstruction... 572,500 00

CH. 231.] SESSION LAWS, 1929. 679For painting bridge across South

Fork Willapa River on State RoadNo. 12 ......................... 2,500 00

Total-Chehalis-Astoria Ferry Landing $769,800 00

KELSO-JOHNSON's LANDING- Kelso-Johnson's

Kelso-Johnson's Landing-location- Landing.

engineering-right of way-con-struction - grading - surfacing

-bridges-betterment and recon-struction ...................... $737,850 00

For survey and report by State Di-rector of Highway to determinethe feasibility of a state high-way from Brookfield, WahkiakumCounty to Megler, Pacific County 1,000 00

For painting bridge across CowlitzRiver at Kelso on State Road No.12 ............................. 6,100 00

Total-Kelso-Johnson's Landing $744,950 00

STATE ROAD No. 13-WILLAPA-GRAYs HARBOR HIGHWAY- State Road

RAYMOND-JCT. S. R. No. 9- No. 13.

Raymond-Smith Creek-location and Raymond-Jct. S. R.surfacing ...................... $28,500 00 No. 9.

Smith Creek North-location andsurfacing ...................... 53,000 00

Smith Creek Road to Quarry-con-struction ...................... 20,500 00

Smith Creek Bridge-location andbridge ......................... 20,500 00

Elk Horn Bridge - location andbridge ......................... 20,500 00

Fill and culvert at Station 768-grading ........................ 2,000 00

Arctic-Pacific County Line-surfac-ing ............................ 80,000 00

Arctic-Salmon Creek-grading ..... 50,000 00Salmon Creek-Bridge-location and

bridge ......................... 12,500 00North River Bridge-location and

bridge ......................... 100,000 00Arctic North-right of way......... .. 5,000 00Raymond-Jct. S. R. No. 9-better-

ment and reconstruction ........ 30,000 00

Total-Raymond-Jct. S. R. No. 9 $422,500 00

680 SESSION LAWS, 1929. [CH. 231.

State Road STATE ROAD No. 14-NAVY YARD HIGHWAY-No. 14. Union River-Tidewater Creek-loca-

tion and right of way........... $16,000 00Tidewater Creek-Bremerton - loca-

tion and paving................ 101,000 00Tidewater Creek-Port Orchard-loca-

tion ........................... 3,500 00Port Orchard-South Colby-Manches-I ter-construction ................ 156,000 00Burley-Pierce County Line - con-

struction ...................... 18,200 00State Road No. 14-oiling.......... 46,900 00State Road No. 14-betterment and

reconstruction ................. - 64,690 00

Total-State Road No. 14 $406,290 00

State Road STATE ROAD No. 21-No. 21. Silverdale-Keyport-construction ... $125,000 00

State Road STATE ROAD No. 22-DAVENPORT-KETTLE FALLS-N Bissell South - location - right of

Vetoed. way and construction .......... $60,000 00State Road No. 22-betterment and

reconstruction ................. - 23,000 00

Total-S. R. No. 22....... $83,000 00

Methow METHow VALLEY HIGHWAY-Valley Winthrop to 3 miles east of Twisp-Highway. Wnho o3mlses fTip

construction ................... $167,000 00Methow Valley betterment and recon-

struction ....................... 15,600 00

Total-Methow Valley Highway $182,600 00

Cascade CASCADE WAGON ROAD-WagonRoad. Marblemount East-construction . . $200,000 00

Asotin Total-Cascade Wagon Road $200,000 00South. Asotin south (location, survey and construction) $95,500 00Marcus- Marcus-Northport extension S. R. No. 22-con-Northport. struction .................................... $55,000 00Stevens Pass For maintenance of Stevens Pass Highway fromHighway. Leavenworth to Junction of State Road No. 1-

Everett (construction and reconstruction)...... $424,600 00State Road From State Road No. 7 at Soap Lake via GrandNo. 7.Soap Lake- Coulee to a connection with State Road No. 2Coulee City. west of Coulee City.......-................-.. $60,000 00

fMansfield easterly to connection State Road No. 2,Vetoed. at the most feasible point between Coulee and

Baird ........................................ $100,000 00

C. 231.] SESSION LAWS, 1929.

District Offices (operations and capital outlays)..Ehergencies (limited to unforeseen damages to

state highways and/or bridges caused by ele-ments) .....................................

For streets in certain cities and towns ..........Maintenance road signs and construction ........

681

$388,735 00 DistrictOffices.Emergencies.

$280,000 00$182,650 00 Streets in

$3,003,754 00 cities.

Construction and/or improvement of a highway inMoran State Park to Summit of Mount Constitu- Vetoetion under direction of the State Highway Engi-neer ......................................... $40,000 00

Pacific Highway-City of Seattle-Lake Union LakeUnion

Bridge right of way, engineering and construc- Bridge,tion .......................................... $1,000,000 00 Seattle.

Provided that this appropriation shall be ex-pended in conjunction with moneys furnishedand deposited by the county of King and/or thecity of Seattle, jointly or severally, in countyand/or city depositary banks in the city ofSeattle, from time to time upon the demand ofthe State Highway Engineer by not less thansixty days notice in writing, payable to theorder of the State Auditor upon vouchers signedby the State Highway Engineer, to the totalamount of Two Million Dollars ($2,000,000.00),such bridge to be built under full charge, super-vision and control of construction thereof, bythe State Highway Engineer; And Providedfurther, That it is hereby declared to be the pur-pose of the State of Washington to furnish andappropriate from the Motor Vehicle Fund in theState Treasury to aid in the construction of suchbridge the sum of One Million Dollars ($1,000,-000.00) hereby appropriated and the furthersum of Five Hundred Thousand Dollars ($500,-000.00) re-appropriated by the Twenty-firstLegislature and no more and that said sum shallbe the full obligation of the State of Washingtontoward the construction, maintenance and opera-tion of said bridge; And Provided further, Thatsaid bridge, when constructed shall be operated,and maintained by the city of Seattle or thecounty of King, or both, as is now or may behereafter provided by law, and without any ex-pense or responsibility on the part of the Stateof Washington.

For the construction of a highway from Fairfaxto Spray Park in Pierce county in conjunctionwith Bureau of Public Roads of United States, Vetoeunder the direction of the State HighwayE ngineer ....................................

d.

d.

$200,000 00

682 SESSION LAWS, 1929. [CH. 231.

Edison For the construction and improvement of the Pa-Ave.-Puyal-up Ave., cific Highway in the city of Tacoma between

Tacoma. Edison Avenue (South Tacoma Way) and Puyal-lup Avenue as located by the Highway Engi-neer; full control of construction, improvementand supervision shall be under the State High-way Engineer. Any funds needed above thisamount shall be supplied by city of Tacoma.(This being the full amount to be appropriatedby the State on this project) ................. $120,000 00

Tacoma For the reconstruction and repair of the Old Pacificlimits-Ringcounty line- Highway (commonly called the Valley Road)Valley Road. from Tacoma city limits north to King county

line to be expended under full control of StateHighway Engineer .......................... $100,000 00

Snohomish-Cathcart Heights-Bothell in Snohomishcounty to be expended under full control of the

V e State Highway Engineer-betterment and re-construction ................................. $50,000 00

Dolphins, RELIEF FOR CITY OF OLYMPIA-shear booms,Des Chutes (Local Improvement District No. 417)....... $11,735 00Waterway, For the construction and maintenance of dolphinsOlympia. and shear booms for the protection of a bridge

over Des Chutes Waterway on State Road No.9 under the direction of the State HighwayEngineer ...................... ........... $2,500 00

Blaine- RELIEF FOR CITY OF BLAINE-LakeSamish (For right of way-general obligation bonds) $16,000 00Road. For engineering, construction, reconstruction and

betterment of Lake Samish Road in Skagit andWhatcom counties, to be expended under the

Queetsbridge- direction of the State Highway Engineer ...... $150,000 00Harloi Queets-Bridge-Harlow Crossing .................. $78,641 00Crossing.

Everett City Limits-Broadway St. South......... .$100,000 00Everett-Broadway From S. R. No. 1, at the most feasible point northStreet South. of Marysville, thence through Arlington and

Sedro Woolley to Belfast-location and engi-neering and report on feasibility .............. $5,000 00

From Sumner to La Grande in Pierce county-Vetoed. survey ....................................... $5,000 00

Survey from Ellensburg to a junction of S. R.No. 5 at or near mouth of American River inYakima county ............................. $5,000 00

S. R. No. 5 at Auburn westerly to S. R. No. 1-paving ...... $100,000 00

For the improvement of a road in the vicinity ofwaco, lwaco, Pacific county, from Junction S. R. No.

North laoPaiiconyfrmJntoS.RN.Head 12, to North Head of Military Reservation...... .. $52,000 00MilitaryReservation.

Total ............................. $23,334,045 00

SESSION LAWS, 1929.

From the Highway Safety Fund (not Kennewick-Pasco

to exceed from that fund) ...... $400,000 00 $400,000 00 Bridge.Purchase or condemnation ofbridge, vicinity of Kennewick-Pasco.

Grand Total ....................... $23,734,045 00

SEc. 2. It shall be the duty of the director of Director ofHighways,highways to prepare and submit to the legislature exp r ores

to Legisla-at its convening in the regular biennial session inture.1931 an itemized and detailed report showing theexpenditure of the moneys appropriated by the re-spective items of this act and the expenditures con-tracted under each of said items and the unexpendedand uncontracted balances of said items, respec-tively, down to and including the 31st day of Decem-ber, 1930.

SEC. 3. This act is necessary for the immediate mytWe.mpreservation of the public peace, health and safety,the immediate support of the state government andits existing public institutions, and shall take effectimmediately.

Passed the House March 14, 1929.Passed the Senate March 14, 1929.Approved by the Governor, with the exceptions

of those items which are vetoed, March 25, 1929.

CH. 231.] 683

AUTHENTICATION.

I, J. Grant Hinkle, Secretary of State of the State ofWashington, do hereby certify that I have carefully com-pared the foregoing published laws passed by the twenty-first Legislative Session of the State of Washington,held from January 14, 1929, until March 14, 1929, inclu-sive, with the original enrolled laws, now on file in thisoffice, and find the same to be a full, true and correct copyof said originals with the exception of such correctionsin spelling and use of words bracketed, thus [], in eachcase as provided by law.

IN TESTIMONY WHEREOF, I have hereunto set my handand affixed hereto the seal of the State of Washington.

Dated at Olympia, Washington, this 7th day of May,1929.

Secretary of State

JOINT AND CONCURRENT RESOLUTIONS OF THESENATE AND HOUSE

(Minor Resolutions and Memorials, of no public importance, arenot printed herein.) *

SENATE JOINT RESOLUTION NO. 10.

Be It Resolved, By the Senate and House of Represen-tatives of the State of Washington in legislative sessionassembled:

That at the general election to be held in this state onthe Tuesday next succeeding the first Monday in Novem-ber, 1930, there shall be submitted to the qualified votersof this state for their adoption and approval, or rejection,an amendment to section 23 of article II of the Consti-tution of the State of Washington so that said sectionshall read as follows:

Section 23. Each member of the legislature shall re-ceive for his services an annual salary of Five HundredDollars ($500), and ten cents for every mile he shalltravel in going to and returning from the place of meet-ing of the legislature, on the most usual route.

There shall be provided on all ballots for said electionan opportunity for the people to vote for or against suchamendment by means of the following proposition andballot title:

"Shall section 23 of article 2 of the Constitution beamended so that it shall provide that the members of thelegislature shall receive an annual salary of Five Hun-dred Dollars ($500.00) "

Yes ............................... 0No ................................ 0

Adopted by the Senate February 18, 1929.Adopted by the House March 13, 1929.

SESSION LAWS, 1929.

SENATE JOINT MEMORIAL NO. 1.

We, your memorialists, the Senate and House of Rep-resentatives of the State of Washington in legislativesession assembled, most respectfully represent and peti-tion as follows: -

WHEREAS, The State of Washington and YakimaCounty have expended more than a million dollars in theconstruction and the maintenance of highways upon theYakima Indian Reservation, and the completion of theMt. Adams Highway is a necessity for the protection ofmore than three billion feet of ripe merchantable timber,in the best interests of the United States, the State ofWashington, and Yakima County, and for the benefit ofthe Indians upon said reservation.

Now, THEREFORE, The legislature of the State of Wash-ington respectfully petition the congress of the UnitedStates to give early consideration to the completion ofthat portion of the Mt. Adams Highway between WhiteSwan and the southerly limits of the Yakima Indian Res-ervation, within said reservation.

And your memorialists will ever pray.Passed the Senate January 24, 1929.Passed the House February 7, 1929.


To the Honorable the Senate and House of Representa-tives of the United States in Congress assembled:

We, your memorialists, the Senate and the House ofRepresentatives of the State of Washington in legislativesession assembled, most respectfully represent and peti-tion your honorable body as follows:

WHEREAS, The quarrying of lime rock and the manu-facture of lime and hydrated lime is one of the importantindustries of the State of Washington; and

686

SESSION LAWS, 1929.

WHEREAS, Said industry is being carried on in theprovince of British Columbia with Chinese coolie labor;and

WHEREAS, The present United States tariff act imposesa duty on the importation of lime rock, lime and hydratedlime which is not equal to the difference in the cost ofproduction of such products in the province of BritishColumbia with the low paid labor there used, and the costof production of such products in the State of Washing-ton with American labor;

Therefore, Your memorialists do most earnestly praythat your Honorable Body place a duty upon the impor-tation of lime rock, lime and hydrated lime into theUnited States sufficient to cover the difference in cost ofproduction in the United States and in foreign countries,and permit the manufacturers of such products in theUnited States to pay fair compensatory wages to theirworkmen, give them full time employment, and perpet-uate the industry in the United States.

Be It Further Resolved, That this memorial be immedi-ately telegraphed to the Senate and Representatives inCongress, of the State of Washington, and to the chair-man of the Ways and Means Committee of the House ofRepresentatives of the United States.

Passed the Senate February 14, 1929.Passed the House March 1, 1929.


To the Honorable Senate and House of Representativesof the United States in Congress assembled:

Your memorialists, the Senate and House of Repre-sentatives of the State of Washington in legislative ses-sion assembled, most respectfully represent and petitionas follows:

WHEREAS, When the Congress of the United States en-acted the so-called Harrison Narcotic Law in 1914, it did

687

SESSION LAWS, 1929.

confer upon the Commissioner of Internal Revenue "TheRight to Compromise," by Accepting Money, in Civil orCriminal cases:

WHEREAs, This "Right to Compromise" in the Com-missioner of Internal Revenue was first derived from theinitial act of July 20, 1868, long prior to the manifesta-tion of the drug addiction evil, and at a time when theFederal Government was concerned, primarily, with thecollection of taxes on liquor and tobacco:

WHEREAS, The use of narcotics has spread, unchecked,with such appalling rapidity, and is destroying the vital-.ity and vigor of countless thousands:

WHEREAS, During the fiscal year ending June 30, 1928,1221 cases were compromised by the United States Gov-ernment By Accepting Money amounting to the sum of$67,210.95, collected from offenders capable of paying,thereby discriminating in favor of the influential and richviolators, as against the small and poor offenders, andenabling them to escape punishment and to go unwhippedof justice. and without feeling the sting of the law:

WHEREAS, This "Right to Compromise" is out of har-mony with the spirit of narcotic law enforcement, and isunjust, unfair and un-American.

Now Therefore Be It Resolved, That the Senate andHouse of Representatives of the State of Washingtonnow in session, do request the Congress of the UnitedStates to amend the Harrison Narcotic Law by eliminat-ing the right to compromise in all Criminal NarcoticDrug prosecutions.

And Be It Further Resolved, That a copy of this reso-lution be forthwith transmitted to the Senate and theHouse of Representatives of the United States at Wash-ington, D. C., and to each Senator and Congressman fromthe State of Washington for their use in endeavoring tosecure the passage of such legislation.

And your memorialists will ever pray.Passed the Senate February 19, 1929.Passed the House February 20, 1929.

688

SESSION LAWS, 1929.


To the Honorable W. W. Jardine, Secretary of Agricul-ture, Washington, D. C.

We, your memorialists, the Senate and House of Rep-resentatives of the State of Washington in legislativesession assembled, most respectfully represent and peti-tion as follows:

That the open season for migratory water-fowl in theState of Washington be established as follows:

For that portion of the State of Washington, lyingeast of the summit of the Cascade mountains except thatportion lying south of the Snake River, be from Septem-ber 16th to December 31st, both dates inclusive;

For that portion of the State of Washington lyingsouth of the Snake River, be from October 1st to January15th, both dates inclusive.

For that portion of the State of Washington lying westof the summit of the Cascade mountains, be from October1st to January 15th, both dates inclusive;

Now, Therefore, The legislature of the State of Wash-ington respectfully petition the Agriculture Departmentof Washington, D. C., to give early consideration to theabove memorial.

And your memorialists will ever pray.Passed the Senate February 28, 1929.Passed the House March 11, 1929.

HOUSE JOINT RESOLUTION NO. 13.

RELATING to the submission of an amendment to Section 15 of ArticleII of the constitution relating to vacancies in the legislature.

Be It Resolved, By the House of Representatives andthe Senate of the State of Washington in legislative ses-sion assembled:

That at the general election to be held in this state onthe Tuesday next succeeding the first Monday in Novem-ber, 1930, there shall be submitted to the qualified electors

689

SESSION LAWS, 1929.

of this state for their adoption and approval, or rejection,an amendment to section 15 of article II of the constitu-tion of the State of Washington, so that the same shall,when amended, read as follows:

Section 15. Such vacancies as may occur in eitherhouse of the legislature shall be filled by appointment bythe board of county commissioners of the county in whichthe vacancy occurs, and the person so appointed shallhold office until his successor is elected at the next gen-eral election, and shall have qualified: Provided, That incase of a vacancy occurring in the office of joint senator,the vacancy shall be filled by appointment by the jointaction of the boards of county commissioners of the coun-ties composing the joint senatorial district.

Adopted by the House March 4, 1929.Adopted by the Senate March 12, 1929.

HOUSE JOINT RESOLUTION NO. 14.

WHEREAS, The Congress of the United States haspassed an act approved by the President, May 22, 1928,entitled, "An Act to provide for the further developmentof agricultural extension work between the agriculturalcolleges in the several states receiving the benefits of theact entitled 'An Act donating public lands of the severalstates and territories which may provide colleges for thebenefit of agriculture and the mechanic arts,' approvedJuly 2, 1862, and all acts supplementary thereto, and theUnited States Department of Agriculture," and,

WHEREAS, It is provided in section 1 of the act afore-said, that the grants of money authorized by this act shallbe paid annually "to each state which shall by action ofits legislature assent to the provisions of this act;"therefore, be it

Resolved, By the Senate and the House of Representa-tives that the assent of the legislature of the State ofWashington be and is hereby given to the provisions and

690

SESSION LAWS, 1929.

requirements of said act, and that the Board of Regentsof the State College of Washington be and they arehereby authorized and empowered to receive the grantsof money appropriated under said act, and to organizeand conduct agricultural extension work which shall becarried on in connection with the college of agricultureof the State College of Washington, in accordance withthe terms and conditions expressed in the act of congressaforesaid.


HOUSE JOINT MEMORIAL NO. 1.

To the Honorable, the Senate and House of Representa-tives of the United States of America in Congress as-sembled:

We, your memorialists, the House of Representativesand the Senate of the State of Washington, most respect-fully represent and petition your honorable body as fol-lows:

WHEREAS, Since the removal of the tariff on the impor-tation of shingles and lumber into the United States, theshingle and lumber industry in the State of Washingtonhas suffered extreme and heavy losses to labor, manu-facturing, incident operations, and business receiving adirect benefit from the industry, of more than $200,000,-000.00, which is not only a loss to the State of Washing-ton, but to the nation as a whole, and

WHEREAS, The Republican party in its platformadopted at its last National Convention reaffirmed its be-lief in a protective tariff and did assert:

"We realize there are certain industries which cannotnow successfully compete with foreign producers becauseof lower foreign wages and lower costs of living abroad,

691

SESSION LAWS, 1929.

and we pledge the next Republican Congress to an exami-nation and where necessary a revision of these schedulesto the end that American labor in these industries mayagain command the home market, may maintain its stand-ard of living, and may count upon steady employment inits accustomed field."and

WHEREAs, The Democratic party in its platformadopted at its last National Convention did declare itselfin favor of a sufficieht tariff which would afford

"The maintenance of legitimate business, and a highstandard of wages for American labor."and.

WHEREAs, The present United States Tariff Act act-ually discriminates against American production ofshingles and lumber, in favor of foreign production ofsuch products; forces approximately 125,000 Americanworkmen into direct competition with foreign Orientallabor, thereby effectually annulling the United StatesExclusion Act, so far as it affects American shingle andlumber workers, and is fast destroying the Americanshingle and lumber industry;

Therefore, Your memorialists do most earnestly praythat your honorable body place a duty upon the importa-tion of shingles and lumber into the United States, suffic-ient to cover differences in cost of production in theUnited States and in foreign countries, and permit Amer-ican shingle and lumber manufacturers to pay fair com-pensatory wages to their workmen; give them full timeemployment, and perpetuate the American shingle andlumber industry, its incident and dependent operations,and prevent stagnation and distress to American busi-ness.

Be It Further Resolved, That this Memorial be im-mediately telegraphed to the president of the UnitedStates, and to the State of Washington's Senators andRepresentatives in Congress, and to the Chairman of the

692

SESSION LAWS, 1929.

Ways and Means Committee of the House of Representa-tives of the United States.

Passed the House January 14, 1929.Passed the Senate January 14, 1929.


To the Honorable, the Senate and House of Representa-tives of the United States of America in Congress as-sembled:

We, your memorialists, the Senate and House of Rep-resentatives of the State of Washington, in legislativesession assembled, most respectfully represent and peti-tion your honorable body as follows:

WHEREAS, Within the State of Washington there aresome 9,633,900 acres of national forest lands set asidefor the continuous production of timber and the protec-tion of stream flow for the public benefit; whereas withthe importance of timber-growing and lumbering as abasic industry of this state, and with the national foresttimber becoming increasingly needed to help contributeto industrial and comunity stability, the great amountof undeveloped water for irrigation and power, and thelarge and growing use of the national forests for outdoorrecreation, the necessity for the proper protection anduse of the federal forest lands is becoming more andmore realized; whereas these publicly-owned resourcesof timber, water, forage and recreation can not be ade-quately protected, developed and managed without largerannual expenditures for the construction and repair oflookout cabins, telephone lines, fire roads and trails, andother improvements; and whereap, the federal govern-ment has never expended nor is now expending sufficientfunds for the full protection nor permanent developmentof these lands, commensurate with their value and use,

Therefore, Be It Resolved, By the legislature of theState of Washington that the attention of Congress be

693

SESSION LAWS, 1929.

called to the urgent need of larger expenditures for thebetter protection and fuller development of the nationalforest areas within the State of Washington, and it isbelieved that such added expenditures will be much morethan repaid by the saving in public resources of the great-est value and in the reduction of the costs for fire fighting,and

Be It Further Resolved, That this memorial be immedi-ately forwarded to the State of Washington's senatorsand representatives in Congress.

Adopted by the House February 28, 1929.Adopted by the Senate March 13, 1929.


To the Honorable, the Senate and House of Representa-tives of the United States in Congress assembled:

We, your memorialists, the House of Representativesand the Senate of the State of Washington, in regularsession assembled, most respectfully represent and peti-tion as follows:

WHEREAS, It is the belief of your. petitioner that thelimitations imposed by Federal laws upon the taxationby states of national banks is too inelastic and restrictiveto permit the states to tax such institution without com-pletely revolutionizing their existing revenue systems:

Therefore, We your memorialists, most respectfullyurge that section 5219 of the Revised Statutes of theUnited States be amended forthwith in such mamier asto give the states greater freedom of action in the taxa-tion of national banks.


694

All Initiative and Referendum Measures, Filedin the Office of the Secretary of State,

and the Disposition Thereof.

INITIATIVE MEASURE NO. 1 (State Wide Prohibition)-Refiled asInitiative Measure No. 3 (q. v.).

INITIATIVE MEASURE NO. 2 (Eight Hour Law)-Refiled as In-itiative Measure No. 5 (q. v.).

INITIATIVE MEASURE NO. 3 (State Wide Prohibition)-Submittedto the people November 3, 1914; passed.

INITIATIVE MEASURE NO. 4 (Drugless Healers)-No petitionfiled.

INITIATIVE MEASURE NO. 5 (Eight Hour Law)-No petition filed.

See Initiative Measure No. 13, covering same subject.

INITIATIVE MEASURE NO. 6 (Blue Sky Law)-Submitted to the

people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 7 (Abolishing Bureau of Inspection)-Submitted to the people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 8 (Abolishing Employment Offices)-Submitted to the people November 3, 1914; passed.

INITIATIVE MEASURE NO. 9 (First Aid to Injured)-Submittedto the people November 3, 1914; failed to pass.

INIATIVE MEASURE NO. 10 (Convict Labor Road Measure)-Submitted to the people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 11 (Fish Code)-Petition failed.

INITIATIVE MEASURE NO. 12 (Abolishing Tax Commission)-

Petition failed.

INITIATIVE MEASURE NO. 13 (Eight Hour)-Submitted to the

people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 14 (Reapportionment)-No petition

filed.

INITIATIVE MEASURE NO. 15 (Fundamental Reform Act)-No

petition filed.

INITIATIVE MEASURE NO. 16 (Reapportionment)-No petitionfiled.

INITIATIVE MEASURE NO. 17 (State Road Measure)-No petitionfiled.

INITIATIVE MEASURE NO. 18 (Brewers' Hotel Bill)-Submittedto the people November 7, 1916; failed to pass.


INITIATIVE MEASURE NO. 19 (Non-Partisan Election and Pres-idential Primary)-No petition filed.

INITIATIVE MEASURE NO. 20 (First Aid)-No petition filed.

INITIATIVE MEASURE NO. 21 (Home Rule)-No petition filed.

INITIATIVE MEASURE NO. 22 (Fisheries Code)-No petition filed.

INITIATIVE MEASURE NO. 23 (Politicians' Code)-No petitionfiled.

INITIATIVE MEASURE NO. 24 (Brewers' Bill)-Submitted to thepeople November 7, 1916; failed to pass. -

INITIATIVE MEASURE NO. 25 (Repealing Chapter 2, Laws 1915,known as Initiative Measure No. 3)-No petition filed.

INITIATIVE MEASURE NO. 26 (Making the State a ProhibitionDistrict)-No petition filed.

INITIATIVE MEASURE NO. 27 (Repealing Chapter 57, Laws 1915)-No petition filed.

INITIATIVE MEASURE NO. 28 (Non-Partisan Elections)-No peti-tion filed.

INITIATIVE MEASURE NO. 29 (Capitol Removal Bill)-No peti-tion filed.

INITIATIVE MEASURE NO. 30 (Eight Hour Law)-No petitionfiled.

INITIATIVE MEASURE NO. 31 (Municipal Marketing Measure)-No petition filed.

INITIATIVE MEASURE NO. 32 (Picketing Measure)-No petitionfiled.

INITIATIVE MEASURE NO. 33 (Non-Partisan Elections and Presi-dential Primary)-No petition filed.

INITIATIVE MEASURE NO. 34 (Relating to Salmon Fishing)-Nopetition filed.

INITIATIVE MEASURE NO. 35 (Repealing Chapter 174, Laws1919)-Insufficient number of signatures on petition; failed.

INITIATIVE MEASURE NO. 36 (Municipal Marketing Measure)-No petition filed.

INITIATIVE MEASURE NO. 37 (Relating to Ownership of Land byAliens)-No petition filed.

INITIATIVE MEASURE NO. 38 (Repealing Chapter 209, Laws1907)-No petition filed.

INITIATIVE MEASURE NO. 39 (Repealing Chapter 138, Laws1913)-No petition filed.

INITIATIVE MEASURE NO. 40 (Repealing Chapter 174, Laws1921, Collection of Poll Tax)-Submitted to the people Novem-ber 7, 1922; passed.

INITIATIVE MEASURE NO. 41 (Non-Partisan Elections)-No peti-tion filed.


INITIATIVE MEASURE NO. 42 (Workmen's Compensation Meas-

ure)-Same as Initiative Measure No. 47; no petition filed.

INITIATIVE MEASURE NO. 43 (Relating to Injunctions in Labor

Disputes)-No petition filed.

INITIATIVE MEASURE NO. 44 (Relating to Municipal Ownership)-No petition filed.

INITIATIVE MEASURE NO. 45 (Reapportionment)-No petitionfiled.

INITIATIVE MEASURE NO. 46 ("30-10" School Plan)-Submittedto the people November 7, 1922; failed to pass.

INITIATIVE MEASURE NO. 47 (Workmen's Compensation Meas-ure)-No petition filed.

INITIATIVE MEASURE NO. 48 (Compulsory School Attendance)-No petition filed.

INITIATIVE MEASURE NO. 49 (Compulsory School Attendance)-Submitted to the people November 4, 1924; failed to pass.

INITIATIVE MEASURE NO. 50 (Limitation of Taxation)-Sub-mitted to the people November 4, 1924; failed to pass.

INITIATIVE MEASURE NO. 51 (Pertaining to Salmon Fishing)-No petition filed.

INITIATIVE MEASURE NO. 52 (Electric Power Measure)-Sub-mitted to the people November 4, 1924; failed to pass.

INITIATIVE MEASURE NO. 53 (Pertaining to Sanipractic)-Nopetition filed.

INITIATIVE MEASURE NO. 54 (Regulating Horse Racing-Par-Mutuals)-No petition filed.

INITIATIVE MEASURE NO. 55 (Prohibiting use of purse seines,fish traps and fish wheels)-No petition filed.

REFERENDUM MEASURE NO. 1 (Teachers' Retirement Fund)-Submitted to the people November 3, 1914; failed to pass.

REFERENDUM MEASURE NO. 2 (Quincy Valley Irrigation Meas-ure)-Submitted to the people November 3, 1914; failed topass.

REFERENDUM MEASURE NO. 3 (Chapter 54, Laws 1915, Relat-ing to Initiative and Referendum)-Submitted to the peopleNovember 7, 1916; failed to pass.

REFERENDUM MEASURE NO. 4 (Chapter 55, Laws 1915, Recallof Elective Public Officers)-Submitted to the people November7, 1916; failed to pass.

REFERENDUM MEASURE NO. 5 (Chapter 52, Laws 1915, PartyConventions Act)-Submitted to the people November 7, 1916;failed to pass.


REFERENDUM MEASURE NO. 6 (Chapter 181, Laws 1915, Anti-Picketing)-Submitted to the people November 7, 1916; failedto pass.

REFERENDUM MEASURE NO. 7 (Chapter 178, Laws 1915, Certifi-cate of Necessity Act)-Submitted to the people November 7,1916; failed to pass.

REFERENDUM MEASURE NO. 8 (Chapter 46, Laws 1915, PortCommission)-Submitted to the people November 7, 1916;failed to pass.

REFERENDUM MEASURE NO. 9 (Chapter 49, Laws 1915, BudgetSystem)-Submitted to the people November 7, 1916; failedto pass.

REFERENDUM MEASURE NO. 10 (Chapter 19, Laws 1917, BoneDry Law)-Submitted to the people November 5, 1918; passed.

REFERENDUM MEASURE NO. 11 (Chapter 167, Laws 1917,Capitol Building Fund Bonds)-No petition filed.

REFERENDUM MEASURE NO. 12 (Chapter 59, Laws 1921, Certifi-cate of Necessity)-Submitted to the people November 7, 1922;failed to pass.

REFERENDUM MEASURE NO. 13 (Chapter 175, Laws 1921,Physical Examination of School Children)-Submitted to thepeople November 7, 1922; failed to pass.

REFERENDUM MEASURE NO. 14 (Chapter 177, Laws 1921, Pri-mary Nominations and Registration)-Submitted to the peopleNovember 7, 1922; failed to pass.

REFERENDUM MEASURE NO. 15 (Chapter 176, Laws 1921, PartyConventions)-Submitted to the people November 7, 1922;failed to pass.

REFERENDUM MEASURE NO. 16 (Chapter 22, Laws 1923, ButterSubstitutes)-Submitted to the people November 4, .1924;failed to pass.

REFERENDUM BILL NO. 1 (Chapter 99, Laws 1919, State SystemTrunk Line Highways)-Submitted to the people November 2,1920; failed to pass.

REFERENDUM BILL NO. 2 (Chapter 1, Laws Extraordinary Ses-sion, 1920, Soldiers' Equalized Compensation)-Submitted tothe people November 2, 1920; passed.

REFERENDUM BILL NO. 3 (Chapter 87, Laws 1923, ElectricPower Bill)-Submitted to the people November 4, 1924;failed to pass.


CONSTITUTIONAL AMENDMENTS

No. 1. To Section 5 of Article XVI. Re: Permanent School Fund.Adopted November, 1894.

No. 2. To section 1 of Article VI. Re: Qualification of Electors.Adopted November, 1896.

No. 3. To Section 2 of Article VII. Re: Uniform Rates of Taxation.Adopted November, 1900.

No. 4. To Section 11 of Article I. Re: Religious Freedom.Adopted November, 1904.

No. 5. To Section 1 of Article VI. Re: Equal Suffrage. AdoptedNovember, 1910.

No. 6. To Section 10 of Article III. Re: Succession in Office ofGovernor. Adopted November, 1910.

No. 7. To Section 1 of Article II. Re: Initiative and Referendum.Adopted November, 1912.

No. 8. To Sections 33 and 34 of Article I. Re: Recall. AdoptedNovember, 1912.

No. 9. To Section 16 of Article I. Re: Taking of Private Property.Adopted November, 1920.

No. 10. To Section 22 of Article I. Re: Trial for offense com-mitted on public conveyance. Adopted November, 1922.

No. 11. To Section 4 of Article VIII. Re: Appropriations. AdoptedNovember, 1922.

No. 12. To Section 5 of Article XI. Re: Consolidation of CountyOffices. Adopted November, 1924.

INDEX TO AMENDMENTS.

CONSTITUTIONAL AMENDMENTS PROPOSED: Ch. Sec. Page

Article VII ...................................... amended 191 1 499

AMENDMENTS, LAWS OF 1881:Pages 11-13 ..................................... repealed 45 1 45

AMENDMENTS, CODE OF WASHINGTON TERRITORY OF 1881:

Chapter 4, sections 59-72........................repealed 41 1 42Chapter 14 ...................................... repealed 43 1 4-tChapter 19 ...................................... repealed 8 1 10Section 204 ...................................... repealed 12 1 12Sections 257-263 ................................. repealed 8 1 10Sections 286-288 ................................. repealed 89 3 174Chapter 28, sections 320-322.......................repealed 60 9 62Chapter 29, sections 323-324.......................repealed 60 9 62Chapter 30, sections 325-334.......................repealed 25 8 24Chapter 35, sections 381-387.......................repealed 38 1 40Section 527 ..................................... amended 103 1 202Section 753 ..................................... repealed 60 9 62Section 1027 ..................................... amended 39 1 41Section 1101 ..................................... repealed 24 1 20Section 1676 ..................................... repealed 31 * 1 30Section 1725 .................................... amended 102 1 200Chapter 126, sections 1858-1867...................repealed 58 9 54Sections 2065-2066 ............................... repealed 24 1 20Chapter 164, sections 2240-2241...................repealed 42 1 43Chapter 171, sections 2311-2323 incl............... repealed 33 15 37Chapter 188, sections 2473-2477....................repealed 29 1 29Chapter 200, sections 2557-2562 incl................repealed 36 1 39Chapter 202, sections 2566-2587 ..... ... repealed 16 1 14Sections 2682-2684 ................................ repealed 13 1 12Chapter 236, sections 3041-3048....................repealed 45 1 45Chapter 245, sections 3154-3241....................repealed 67 1 85Chapter 251, sections 3295-3297....................repealed 59 1 55

AMENDMENTS, LAWS OF 1883:

Pages 3-24 ..................................... repealed 67 1 85Pages 28-29. .................................... repealed 16 1 14Page 33 ........................................ repealed 31 1 30Pages 37-38 ..................................... repealed 30 1 29Page 44 ........................................ repealed 41 1 42Pages 81-52 ..................................... repealed 40 1 42Pages 63-64 ..................................... repealed 52 1 48Pages 35-36 ..................................... repealed 29 1 29

AMENDMENTS, LAWS OF 1885-86:

Pages 3-28 ..................................... repealed 67 1 85Page 29 ........................................ repealed 67 1 85Pages 29-31 ..................................... repealed 67 1 85Pages 67-70 ..................................... repealed 41 1 42Pages 70-73. .................................... repealed 8 1 10Page 73 ......................................... repealed 38 1 40Page 74 ........................................ repealed 41 1 42Page 75 ......................................... repealed 25 8 24Pages 95-96 ..................................... repealed 37 1 40

(701)

AMENDMENTS, LAWS OF 1885-86.

AMENDMENTS, LAWS OF 1885-86-CONTINUED: Ch. Sec. PagePage 103 ........................................ repealed 46 1 45Page 112 ........................................ repealed 36 1 39Page 113 ........................................ repealed 35 1 39Pages 136-141 .................................... repealed 67 1 85Page 160 ........................................ repealed 31 1 30Pages 172-173 .................................... repealed 13 1 12Pages 176-177 .................................... repealed 34 1 38Pages 177-180 .................................... repealed 33 15 37

AMENDMENTS, LAWS OF 1887-88:Pages 1-2 ...................................... repealed 33 15 37Chapter 2, pages 2-3 .............................. repealed 58 9 54Pages 7-9 ...................................... repealed 92 9 179Page 9 ........................................ repealed 34 1 38Chapter 13, pages 16-20...........................repealed 65 1 83Pages 21-24 .................................... repealed 67 1 85Pages 24-28 ..................................... repealed 41 1 42Chapter 25, pages 50-51...........................repealed 33 15 37Chapter 26, pages 51-52........................... repealed 33 15 37Chapter 29, pages 55-57...........................repealed 59 1 55Chapter 30, pages 58-62...........................repealed 29 1 29Pages 74-76 ..................................... repealed 14 1 13Pages 86-87 ..................................... repealed 67 1 85Pages 94-95 ..................................... repealed 25 8 24Chapter 56, pages 101-105.........................repealed 53 1 49Page 106 ........................................ repealed 32 1 31Pages 113-114 .................................... repealed 30 1 29Chapter 77, pages 132-141 ........................ repealed 51 1 48Chapter 91, pages 168-171........................repealed 59 1 55Chapter 109, page 196.............................repealed 50 1 47Page 198 ...................................... repealed 67 1 85Pages 199-200 .................................. repealed 67 1 85Chapter 113, pages 200-202........................repealed 67 1 85Chapter 114, pages 202-203........................repealed 67 1 85Chapter 122, pages 214-215........................repealed 28 1 28Chapter 129, pages 236-237........................repealed 55 1 50

AMENDMENTS, LAWS OF 1889-90:

Chapter 8, pages 11-12..........................repealed 15 1 13Pages 45-51 ................................... repealed 67 1 85Pages 51-52 ................................... repealed 67 1 85Page 95, section 1.............................repealed 216 8 595Pages 97-98 ................................... repealed 60 9 62Pages 138-140 .................................. repealed 64 15 82Pages 190, 192, 207, 208, 210.....................repealed 15 1 13Pages 260-266 .................................. repealed 67 1 85Pages 278-281 .................................. repealed 67 1 85Pages 281-286 .................................. repealed 67 1 85Pages 348-385 .................................. repealed 67 1 85Pages 386-395 .................................. repealed 67 1 85Pages 491-498 .................................. repealed 67 1 85Pages 501-502 .................................. repealed 59 1 55Page 641 ....................................... repealed 16 1 14Section 22, pages 683-684........................amended 185 1 478Section 29, page 687.............................amended 185 2 482Section 36, page 690.............................amended .185 3 483Section 37, pages 690-691........................amended 185 4 485

AMENDMENTS, LAWS OF 1891:Chapter 22, pages 39-40..........................repealed 38 1 40Chapter 28, section 79, page 61...................repealed 24 1 20

(702)

AMENDMENTS, LAWS OF 1901.

AMENDMENTS, LAWS OF 1891-CONTINUED: ch. Sec. PageChapter 29, sections 1-5, pages 66-67..............repealed 58 9 54Chapter 38, section 5, pages 77-78...............repealed 60 9 62Chapter 44, page 83..............................repealed 34 1 38Chapter 47, pages 85-86..........................repealed 8 1 10Chapter 55, section 2.............................repealed 92 9 179Chapter 58, pages 99-102.........................repealed 41 1 42Chapter 84, pages 165-166........................repealed 60 9 62Chapter 100, page 193.............................repealed 9 1 10Chapter 127, pages 237-260 ....................... repealed 67 1 85Chapter 145, pages 334-341........................repealed 67 1 85Chapter 147, section 20, pages 361-362............. repealed 59 1 55


Chapter 24, section 3............................. amended 230 1 667Chapter 42, pages 65-67..........................repealed 60 9 62Chapter 60, section 12............................amended 17 1 15Chapter 62, page 62..............................repealed 10 1 11Chapter 65, page 142 ........................... repealed 67 1 85Chapter 68, pages 145-147.........................repealed 6 1 9Chapter 70, section 9, page 163...................repealed 15 1 13Chapter 107, pages 254-263 ........................ repealed 67 1 85Chapter 109, pages 265-269 ....................... repealed 67 1 85Chapter CXVII (117), section 36-1................... added 111 1 214Chapter CXVII (117), section 36-2................... added 111 2 215Chapter CXVII (117), section 36-3................... added 111 3 215Chapter 119, pages 281-282 ...................... repealed 16 1 14Chapter 131, pages 427-428........................repealed 7 1 9


Chapter 5, pages 8-9.................................... 67 1 85Chapter 12, page 17...................................... 67 1 85Chapter 21, pages 26-33..........................repealed 67 1 85Chapter 35, pages 58-59.........................repealed 18 1 16Chapter 40, page 64..............................repealed 89 3 174Chapter 56, pages 100-101........................repealed 67 1 85Chapter 68, pages 122-124........................repealed 67 1 85Chapter 101, pages 193-194........................repealed 67 1 85Chapter 146, pages 365-366........................repealed 67 1 85Chapter 147, pages 366-368........................repealed 67 1 85Chapter 150, pages 373-378........................repealed 67 1 85


Chapter 5, pages 5-6............................repealed 33 15 37Chapter 11, page 10..............................repealed 60 9 62Chapter 39, pages 52-53..........................repealed 60 9 62Chapter 55, pages 91-92..........................repealed 54 1 49Chapter 74, pages 201-203........................repealed 59 1 55Chapter 118, pages 356-449........................repealed 67 1 85


Chapter 14, pages 18-22..........................repealed 67 1 85Chapter 65, section 1.............................amended 104 1 203Chapter 65, section 2.............................am ended 104 2 204Chapter 81, pages 130-131 ....................... repealed 67 1 85Chapter 98, section 1, pages 157-158..............amended 156 1 406Chapter 140, pages 280-284........................repealed 67 1 85Chapter 142, pages 306-327........................repealed 67 1 85

AMENDMENTS, LAWS OF 1901:Chapter 3, pages 4-5............................repealed 47 1 46Chapter 13, pages 12-13..........................repealed 47 1 46

(703)


AMENDMENTS, LAWS OF 1901-CONTINUED: Oh. See. PageChapter 41, pages 41-47 .......................... repealed 67 1 85Chapter 53, page 65..............................repealed 33 15 37Chapter 104, pages 216-217 ........................ repealed 67 1 85Chapter 121, section 1............................. amended 138 1 356Chapter 121, section 2,............................. amended 138 2 357Chapter 126, page 267..............................repealed 67 1 85Chapter 177, pages 370-383.........................repealed 67 1 85

AMENDMENTS, LAWS OF 1903:Chapter 40, pages 46-47..........................repealed 47 1 46Chapter 48, pages 55-58..........................repealed 67 1 85Chapter 64, page 82..............................repealed 53 1 49Chapter 104, pages 157-185 ........................ repealed 67 1 85Chapter 109, pages 191-192 ........................ repealed 67 1 85Chapter 117, pages 220-221........................repealed 67 1 85Chapter 140, pages 266-267.........................repealed 67 1 85Chapter 153, pages 310-311 ........................ repealed 67 1 85Chapter 154, pages 312-314 .......... ............. .. repealed 67 1 85Chapter 156, pages 325-331........................repealed 67 1 85

AMENDMENTS, LAWS OF 1905:Chapter 8, pages 23-25..........................repealed 36 1 39Chapter 10, page 27...............................amended 102 1 200Chapter 20, page 41..............................repealed 58 9 54Chapter 22, page 43..............................repealed 47 1 46Chapter 56, pages 104-108........................repealed 67 1 85'Chapter 63, pages 121-123........................repealed 36 1 39Chapter 85, pages 170-173........................repealed 67 1 85Chapter 88, section 4.............................amended 95 1 183Chapter 99, page 203.............................repealed 92 9 179Chapter 106, section 1.............................amended 119 1 252Chapter 142, pages 260-266........................repealed 67 1 85Chapter 162, pages 316-319........................repealed 67 1 85

AMENDMENTS, LAWS OF 1907:Chapter 31, pages 38-42..........................repealed 67 1 85Chapter 34, page 45..............................repealed 125 16 311Chapter 58, pages 96-98..........................repealed 67 1 85Chapter 59, page 98..............................repealed 67 1 85Chapter 75, section 1.............................amended 131 1 323Chapter 81, pages 142-143........................repealed 67 1 85Chapter 140, sections 1, 2,.6......................repealed 227 9 635Chapter 181, page 403.............................repealed 49 1 47Chapter 221, pages 512-514 ........................ repealed 48 1 46

AMENDMENTS, LAWS OF 1909:Chapter 39, section 3............................. amended 101 1 199Chapter 72, pages 130-131........................repealed 44 1 44Chapter 138, pages 531-532........................repealed 61 6 65Chapter 174, pages 633-635........................repealed 23 1 20Chapter 178, pages 638-640........................repealed 22 1 19Chapter 214, section 1.............................amended 110 1 213

AMENDMENTS, LAWS OF EXTRAORDINARY SESSION OF 1909:

Chapter 5, pages 8-12...........................repealed 67 1 85


Chapter 8, page 9...............................repealed 19 1 17Chapter 49, section 187........................... amended 124 1 283Chapter 49, section 187-a........................... added 124 2 284Chapter 49, section 187-b...........................added 124 3 284

(704)

AMENDMENTS, LAWS

AMENDMENTS, LAWS OF 1911-CoNTINUED:Chapter 49, section 187-c........................... addedChapter 49, section 187-d...........................addedChapter 49, section 187-e...........................addedChapter 49, section 187-f ........................... addedChapter 49, section 187-g...........................addedChapter 49, section 187-h...........................addedChapter 60, pages 327-329 ....................... repealedChapter 98, section 10............................amendedChapter 98, section 14............................amendedChapter 98, section 21............................amendedChapter 117, section 8.............................amendedChapter 117, section 18............................amended


Chapter 14, page 29..............................repealedChapter 106, pages 305-311........................repealedChapter 119, pages 355-356........................repealedChapter 138, section 26............................amended

OF 1917.

Ch. Sec.124 4124 5124 6124 7124 8124 9125 16

97 197 297 3

223 196 1

33 15125 16

20 1130 1


Chapter 31, section 43............................ amended 170Chapter 57, section 3............................. amended 27Chapter 166, section 10............................ amended 150Chapter 166, section 16............................amended 175Chapter 172, pages 546-547 ........................ repealed 33Chapter 175, section 17............................amended 123Chapter 175, section 19...........................amended 123Chapter 175, section 24............................amended 123Chapter 175, section 26............................repealed 123Chapter 175, section 27............................amended 123Chapter 175, section 39............................repealed 123Chapter 175, section 42............................repealed 123Chapter 179, section 18, pages 626-627.............amended 185Chapter 190, section 1.............................amended 216Chapter 190, section 3............................. amended 216Chapter 190, section 4.............................amended 216Chapter 190, section 5.............................amended 216Chapter 190, section 6............................. amended 216Chapter 190, section 7............................. amended 216Chapter 190, section 8............................. repealed 216

AMENDMEN

ChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapter

-23

TS, LAWS OF 1917:57 ..................................... amended 21661, page 219.............................repealed 1080, section 8, page 273................... amended 7380, section 12 ........................... amended 7280, section 19............................am ended 7280, section 22............................am ended 7280, section 24............................am ended 7280, section 36............................am ended 7280, section 40............................am ended 20680, section 48-a.............................added 20680, section 48-b.............................added 20680, section 48-c.............................added 20680, section 48-d.............................added 20680, section 48-e.............................added 20680, section 48-f ............................. added 20680, section 48-g.............................added 20680, section 48h .............................. added 20680, section 48-1.............................added 20680, section 48-j.............................added 206

1111

15123456741234568

31112345123456789

1011

(705)

Page29429429529529629731118818919061118.)

37311

17320

43127

377436

37279280281282282282282485587587589591593594595

58911

10293949698

101534534534535535535535538539539541


AMENDMENTS, LAWS OF 1917-CONTINUED: Oh. Sec. PageChapter 80, section 48-k.............................added 206 12 544Chapter 80, section 48-1.............................added 206 13 544Chapter 80, section 48-m............................added 206 14 546Chapter 80, section 48-n.............................added 206 15 546Chapter 80, section 48-o.............................added 206 16 546Chapter 80, setcion 48-p.............................added 206 17 546Chapter 80, section 48-q.............................added 206 18 547Chapter 80, section 48-r.............................added 206 19 547Chapter 80, section 48-s.............................added 206 20 548Chapter 80, section 48-t..............................added 206 21 548Chapter 81, pages 308-323 ........................ repealed 11 1 11Chapter 107, section 126........................... repealed 118 1 251Chapter 117, section 16............................amended 122 1 269Chapter 117, section 17............................ amended 122 2 270Chapter 117, section 21............................amended 122 3 270Chapter 117, section 31............................ amended 122 4 271Chapter 117, section 34............................ amended 122 5 274Chapter 117, section 39............................amended 122 6 274Chapter 117, section 39-a............................. added 122 7 275Chapter 117, section 44............................amended 122 8 276Chapter 141, pages 581-582........................repealed 61 6 65Chapter 156, section 25 .......................... .amended 21 1 18Chapter 156, sections 36-37........................repealed 21 2 19Chapter 156, section 95.................................... 112 1 216Chapter 211, section 8.............................repealed 209 9 559


Chapter 6, pages 27-30 .......................... repealed 198 11 513Chapter 48, section 1.............................amended 93 1 180Chapter 106, pages 258-259........................amended 104 1 203Chapter 158, section 12............................amended 94 1 182Chapter 196, section 3.............................am ended 86 1 144Chapter 196, section 4.............................amended 86 2 145Chapter 196, section 5.............................amended 86 3 146Chapter 196, section 6.............................am ended 86 4 147Chapter 196, section 7.............................amended 86 5 148Chapter 196, section 8.............................amended 86 6 149Chapter 196, section 9.............................amended 86 7 150Chapter 196, section 10............................amended 86 8 151Chapter 196, section 12............................amended 86 9 152Chapter 196, section 13............................ amended 86 10 152Chapter 196, section 14............................ amended 86 11 154Chapter 196, section 15............................ amended 86 12 155Chapter 196, section 16............................amended 86 13 156Chapter 196, section 17.............................amended 86 14 156Chapter 196, section 18............................ .amended 86 15 157Chapter 196, section 19............................amended' 86 16 157Chapter 200, section 4.............................repealed 123 7 282


Chapter 7, section 2.............................amended 115 1 246Chapter 7, section 3............................. amended 115 2 246Chapter 7, section 4............................. amended 115 3 247Chapter 7, section 7............................. amended 115 4 247Chapter 7, section 15, pages 15-17 ............... amended 68 1 88Chapter 21, section 1............................. amended 214 1 585Chapter 73 ...................................... am ended 73 1 102Chapter 96, section 5-a..............................added 99 1 194Chapter 96, section 6-a..............................added 99 2 194Chapter 96, section 8.............................amended 99 3 195Chapter 96, section 11............................amended 99 4 196

(706)

AMENDMENTS, LAWS EXTRAORDINARY SESSION OF 1925.

AMENDMENTS, LAWS OF 1921-CONTINUED: Ci. Sec.Chapter 96, section 13............................amended 99 5Chapter 96, section 13............................repealed 99 5Chapter 96, section 14............................amended 99 6Chapter 96, section 16............................amended 80 1Chapter 96, section 18............................amended 163 1Chapter 96, section 26............................repealed 178 13Chapter 97, pages 283-291........................repealed 11 1Chapter 111, section 9............................. amended 108 1Chapter 113, section 1 ........................... amended 107 1Chapter 115, section 11, pages 362-363.............amended 69 1Chapter 119, page 379.............................repealed 92 9Chapter 150, pages 563-568........................repealed 125 16Chapter 180, section 1.............................amended 170 1


Chapter 75, section 2.............................amended 209 1Chapter 75, section 4.............................amended 209 2Chapter 75, section 6............................. amended 209 3Chapter 75, section 7............................. amended 209 4Chapter 75, section 10............................amended 209 5Chapter 75, section 14............................amended 209 6Chapter 75, section 14-a.............................added 209 7Chapter 75, section 11............................repealed 209 9Chapter- 75, section 17............................amended 209 8Chapter 79, section 1............................. amended 108 1Chapter 89, section 2............................. repealed 198 11Chapter 107, section 1............................. amended 107 1Chapter 115, section 4.............................amended 174 1Chapter 116 ..................................... amended 223 1Chapter 138, section 12, pages 439-440.............amended 185 2Chapter 138, section 13, pages 440-442.............amended 185 2Chapter 154, section 3.............................amended 117 1Chapter 157, section 1............................. amended 148 1Chapter 172, section 3............................. amended 71 1Chapter 181, section 2.............................amended 80 1Chapter 185, section 10............................amended 171 1


Chapter 9, section 2............................. amendedChapter 9, section 2-a..............................addedChapter 9, section 3............................. amendedChapter 9, section 4.............................am endedChapter 9, section 7............................. amendedChapter 9, section 10............................amendedChapter 184, section 3............................. amended

162162162162162162182

AMENDMENTS, LAWS OF EXTRAORDINARY SESSION OF 1925:

Chapter 108, section 1.............................amended 150Chapter 130, section 7..................................... 126Chapter 130, sections 28-32 ........................ repealed 151Chapter 149 ...................................... repealed 227Chapter 157 ..................................... amended 144Chapter 161, section 2............................. amended 122Chapter 170 ..................................... amended 143Chapter 178, section 4............................. amended 137Chapter 178, section 43-a.............................added 221Chapter 178, section 47............................amended 221Chapter 178, section 50............................ amended 221Chapter 178, section 51............................ amended 221Chapter 178, section 56............................amended 221Chapter 178, section 57............................ amended 221

(707)

Page197197198134421453

11210209

90179311431

554555555555556557558559559210513209435611482482249372

92134432

415415416417419420474

377311397635366276364355.600601601601602602

AMENDMENTS, LAWS EXTRAORDINARY SESSION OF 1925.

AMENDMENTS, LAWS EXTRAORDINARY SESSION OF 1925-CONTINUED:Ch. Sec. Page

Chapter 178, section 58............................amended 221 7 604Chapter 178, section 59............................amended 221 8 604Chapter 178, section 60............................amended 221 9 604Chapter 178, section 63............................amended 221 16 608Chapter 178, section 64............................amended 221 10 605Chapter 178, section 65............................amended 221 11 605Chapter 178, section 75............................amended 221 12 605Chapter 178, section 90-a.............................added 221 13 606Chapter 178, section 95............................amended 221 15 608Chapter 178, section 106........................... amended 221 14 607Chapter 185 ...................................... amenaed 163 1 421Chapter 184, section 2.............................amended 189 1 497


Chapter 159, section 1.............................amended 182 1 474Chapter 161, pages 151-152 ........................ repealed 27 2 28Chapter 165, section 11............................amended 210 1 559Chapter 184, section 5.............................amended 123 1 279Chapter 184, section 6.............................amended 123 3 281Chapter 202, section 1.............................amended 154 1 400Chapter 211, section 4.............................amended 209 2 555Chapter 211, section 5............................. amended 209 3 555Chapter 211, section 6............................. amended 209 4 555Chapter 211, section 7.............................amended 209 5 556Chapter 211, section 11............................. amended 209 6 557Chapter 211, section 12............................ amended 209 8 559Chapter 217, section 2............................. amended 188 1 492Chapter 218, section 1.............................amended 94 1 182Chapter 223 ...................................... am ended 207 1 549Chapter 232 ...................................... am ended 214 1 585Chapter 243, pages 373-376........................amended 185 1 478Chapter 255, section 31............................amended 220 1 598Chapter 258, section 1............................. amended 137 1 355Chapter 293, pages 718-721 ........................ repealed 64 15 82Chapter 309, section 2.............................amended 180 1 455Chapter 309, section 8.............................amended 180 2 458Chapter 309, section 9.............................amended 180 4 462Chapter 309, section 10............................amended 180 5 464Chapter 309, section 15............................amended 178 1 440Chapter 309, section 16............................amended 180 6 467Chapter 309, section 19............................amended 178 2 442Chapter 309, section 20............................amended 178 3 442Chapter 309, section 21............................amended 178 4 443Chapter 309, section 22............................amended 178 5 444Chapter 309, section 23............................ amended 178 6 445Chapter 309, section 27............................amended 178 7 448Chapter 309, section 28 ............................ amended 178 8 450Chapter 309, section 30............................amended 178 9 450Chapter 309, section 31............................amended 178 10 451Chapter 309, section 32............................amended 178 11 452Chapter 309, section 35............................amended 178 12 453Chapter 309, section 46............................amended 180 7 468Chapter 311, section 6.............................amended 175 1 436


Chapter 62, section 6..................................... 149 1 375Chapter 62, section 7..................................... 149 2 376

AMENDMENTS, PIERCE'S CODE:

Section 237 ..................................... am ended 27 1 27Sections 333-354 ................................. repealed 11 1 11

(708)

AMENDMENTS, PIERCE'S CODE.

AMENDMENTS, PIERCE'S CODE-CONTINUED: Oh. Sec. PageSection 647 ..................................... repealed 64 15 82Section 844 ..................................... repealed 15 1 13Sections 1708-1709 ................................ repealed 7 1 9Sections 1909-1911, 1914-1928 ..................... repealed 33 15 37Section 3765-147 .................................. repealed 118 1 251Sections 4378, 4379, 4388, 4411, 4412...............repealed 59 1 55Section 4511 ..................................... repealed 33 15 37Section 4625 .................................... amended 131 1 323Sections 6020-6021 ................................ repealed 46 1 45Sections 6029-6036 ................................ repealed 45 1 45Sections 6571-6574 ................................ repealed 18 1 16Sections 6575-6580, 7298 ........................... repealed 92 9 179Section 6604 ..................................... repealed 16 1 14Sections 7024-7028 ................................ repealed 61 6 65Sections 7116-7120 ................................ repealed 28 1 28Section 7218 .................................... amended 122 1 269Section 7219 .................................... amended 122 2 270Section 7223 .................................... am ended 122 3 270Section 7233 .................................... am ended 122 4 271Section 7236 .................................... am ended 122 5 274Section 7241 .................................... am ended 122 6 274Sections 7283-7288 ................................ repealed 36 1 39Section 7820 .................................... am ended 17 1 15Sections 7827-7835, 7841 .......................... repealed 25 8 24Sections 8122-8124 ............................... repealed 89 3 174Sections 8463-8464 ............................... repealed 10 1 11Section 8505 .................................... repealed 89 3 174Section 8484 ..................................... repealed 12 1 12Sections 8111-8121, 8125-8126, 8163-8165............repealed 60 9 62Section 9175 .................................... amended 39 1 41Sections 9401-9409 ................................ repealed 58 9 54Section 9759 .................................... amended 156 1 406Section 9808 .................................... amended 230 1 667Section 9876 ...................................... repealed 31 1 30Section 10022 ................................... amended 21 1 18Sections 10033-10034 ............................. repealed 21 2 19

AMENDMENTS, PIERCE'S 1926 CODE:

Section 221-1 .................................. repealed 178 13 453Section 7246 .................................... am ended 122 8 .276Section 4691-3 .................................. am ended 71 1 92

AMENDMENTS, PIERCE'S 1926 SUPPLEMENT:Section 262 .................................... am ended 72 1 93Section 269 .................................... am ended 72 2 94Section 272 .................................... amended 72 3 96Section 274 .................................... am ended 72 4 98Section 286 .................................... am ended 72 5 101

AMENDMENTS, PIERCE'S 1927 SUPPLEMENT:Section 2031-31 ................................. amended 210 1 559

AMENDMENTS, REMINGTON'S COMPILED STATUTES:Section 16 ..................................... repealed 35 1 39Section 112 ..................................... repealed 92 9 179Section 228 .................................... amended 81 1 134Section 318 ..................................... repealed 12 1 12Section 340 ...................................... repealed 89 3 174Section 392 .................................... amended 17 1 15Sections 408-410 ................................. repealed 89 3 174Sections 445-447, 450-454, 456, 458-463.............repealed 60 9 62

(709)

AMENDMENTS, REMINGTON'S COMPILED STATUTES.

AMENDMENTS, REMINGTON'S COMPILED STATUTES--CONTINUED:CA. Sec. rage

Section 495 ..................................... am ended 103 1 202Sections 510-519 ................................. repealed 25 8 24Section 905-1 ................................... amended 93 1 180Section 1131 .................................... amended 230 1 667Section 1203 ..................................... repealed 216 8 595Section 1368 .................................... amended 218 1 597Section 1395 .................................... amended 21 1 18Sections 1406-1407 ............................... repealed 21 2 19Section 1465 .................................... amended 112 1 216Section 1714 ...................................... repealed 31 1 80Section 1777 .................................... amended 102 1 200Sections 1807-1822 ................................ repealed 53 1 49Sections 1910-1918 ................................ repealed 58 9 54Section 1987-2 ................................... amended 176 1 487Section 2080 ..................................... am ended 39 1 41Section 2524 ..................................... amended 172 1 438Section 2848 .................................... am ended 150 1 877Section 2854 .................................... amended 175 1 486Section 2888 .................................... amended 69 1 90Section 3015 .................................... amended 94 1 182Section 3215 .................................... amended 73 1 102Section 3228 .................................... amended 174 1 485Section 3255 .................................... amended 206 1 584Section 3346 .................................... amended 123 1 279Section 3348 .................................... amended 123 2 280Section 3353 ..................................... amended 123 8 281Section 3355 ...................................... repealed 123 4 282Section 3356 .................................... amended 123 5 282Section 3368 ..................................... repealed 123 6 282Section 3371 ..................................... repealed 123 7 282Sections 3702-3707 ................................. repealed 36 1 89Section 3779 .................................... amended 156 1 406Section 3878 .................................... amended 131 1 828Sections 4073-4074 ............................... repealed 7 1 9Section 4090 ...................................... repealed 16 1 14Section 4286-1 ..................................... added 111 1 214Section 4286-2 ..................................... added 111 2 215Section 4286-3 ..................................... added 111 8 215Section 5422 ..................................... amended 130 1 820Sections 5497-5500 ................................ repealed 18 1 16Section 5683 ..................................... amended 194 1 504Section 5695 ..................................... am ended 170 1 481Section 5750 ..................................... am ended 144 1 866Section 5789 ..................................... am ended 207 3 552Section 5792 ..................................... repealed 134 1 351Section 5807 ..................................... am ended 134 1 851Section 6164 ..................................... am ended 213 1 571Section 6165 ..................................... amended 213 2 578Section 6178 .................................... amended 213 8 580Section 6186 ..................................... amended 213 4 580Section 6193 ..................................... am ended 213 5 580Section 6203 ..................................... am ended 213 6 581Section 6206 ..................................... am ended 213 7 581Section 6210 ..................................... am ended 213 8 582Section 6211 ..................................... am ended 213 9 582Section 6215 ..................................... amended 213 10 582Section 6222 .............................. ..... amended 213 11 588Section 6232 ................................... amended 213 12 588Section 6267 ............................... ..... amended 213 18 584Section 6268......................................amended 218 14 584

(710)


AMENDMENTS, REMINGTON'S COMPILED STATUTES--CONTINUD:Ch. Sec. Page

Sections 6269-6274, 6279, 6281.....................repealed 213 16 584Section 6282 .................................... am ended 213 17 584Section 6321 .................................... am ended 190 1 498Section 6328 .................................... amended 80 1 134Section 6330 .................................... amended 163 1 421Section 6338 .................................... repealed 178 13 453Section 6384 .................................... amended 27 1 27Section 6431 .................................... amended 119 1 252Sections 6485-6486 ............................... repealed 46 1 45Sections 6492, 6496-6502 .......................... repealed 45 1 45Section 6781 .................................... amended 188 1 492Section 6791-10 ................................. amended 171 1 432Section 6839 .................................... amended 214 1 585Section 6860 .................................... amended 216 1 587Section 6862 .................................... amended 216 2 587Section 6863 .................................... amended 216 3 589Section 6864 .................................... amended 216 4 591Section 6865 .................................... amended 216 5 593Section 6866 .................................... amended 216 6 594Section 6867 .................................... repealed 216 8 595Section 7071 .................................... amended 226 1 623Section 7080 .................................... amended 128 1 317Section 7242-1 .................................. amended 129 1 319Section 7366 .................................... amended 122 1 269Section 7367 .................................... amended 122 2 270Section 7371 .................................... am ended 122 3 270Section 7382 .................................... am ended 122 4 271Section 7386 .................................... am ended 122 5 274Section 7391 .................................... am ended 122 6 274Section 7391-a ..................................... added 122 7 275Section 7399 .................................... amended 122 8 276Section 7404 .................................... amended 138 1 356Section 7405 .................................... amended 138 2 357Section 7411 .................................... amended 95 1 183Section 7442 .................................... am ended 181 1 469Section 7443 .................................... amended 181 2 472Section 7444 .................................... am ended 181 3 473Section 7447 .................................... am ended 185 2 482Section 7453 .................................... am ended 185 3 483Section 7454 .................................... am ended 185 4 485Section 7675 .................................... am ended 132 1 325Section 7679 .................................... am ended 132 2 329Section 7681 .................................... am ended 132 3 340Section 7682 .................................... am ended 132 4 341Section 7696 .................................... amended 132 5 343Section 7697 .................................... am ended 132 6 344Sections 8111-8115 ................................ repealed 28 1 28Sections 8304-8306 ................................ repealed 198 11 513Section 8353 .................................... am ended 110 1 213Section 8602 ..................................... repealed 118 1 251Sections 8909-8913 ............................... repealed 64 15 82Section 9116 .................................... am ended 182 1 474Section 9183 ..................................... repealed 15 1 13Section 9236 .................................... am ended 87 1 158Section 9342 .................................... amended 139 1 358Section 9343 .................................... am ended 139 1 358Section 9344 .................................... am ended 183 1 475Section 9345 .................................... am ended 183 2 476Section 9361 .................................... am ended 97 1 188Section 9366......................................amended 97 2 189

(711)


AMENDMENTS, REMINGTON'S COMPILED STATUTES-CONTINUED:Ch. Sec. Page

Section 9373 ..................................... amended 97 3 190Section 9393 ..................................... amended 143 1 364Section 9449 ..................................... amended 63 1 70Section 9456 ..................................... amended 63 2 72Section 9460 .................................... amended 63 3 72Section 9469 ..................................... amended 63 4 73Section 9470 .................................... amended 63 5 73Section 9561 .................................... amended 66 1 144Section 9562 .................................... amended 66 2 145Section 9563 .................................... amended 86 3 146Section 9564 .................................... amended 86 4 147Section 9565 .................................... am ended 86 5 148Section 9566 .................................... amended 86 6 149Section 9567 ..................................... amended 86 7 150Section 9568 .................................... am ended 86 8 151Section 9570 .................................... am ended 86 9 152Section 9571 .................................... amended 86 10 152Section 9572 .................................... amended 86 11 154Section 9573 .................................... amended 86 12 155Section 9574 .................................... amended 86 13 156Section 9575 ..................................... amended 86 14 156Section 9576 .................................... amended 86 15 157Section 9577 .................................... amended 86 16 157Section 9581 .................................... amended 101 1 199Section 9947 .................................... am ended 104 1 203Section 9948 .................................... amended 104 2 204Sections 10223, 10224, 10237, 10241, 10242 .......... repealed 59 1 55Section 10354 ................................... am ended 96 1 185Section 10417 ................................... amended 107 1 209Sections 10550-10555, 10558-10567, 10599...........repealed 33 15 37Section 10773 ................................... amended 68 1 88Section 10942 ................................... amended 148 1 372Sections 11030-11034 ............................. repealed 92 9 179Section 11201-a .................................... added 205 5 532Section 11202 ................................... amended 205 1 518Section 11206 ................................... amended 205 2 529Section 11211 ................................... amended 205 3 526Section 11216 ................................... amended 205 4 531Section 11216-a ................................... .added 205 6 533Sections 11229-11233 ............................. repealed 61 6 65

AMENDMENTS, REMINGTON'S 1927 SUPPLEMENT:Section 3110-11..................................amended 210 1 559Section 3219 .................................... amended 72 1 93Section 3226 .................................... amended 72 2 94Section 3229 ..................................... amended 72 3 96Section 3231 .................................... amended 72 4 98Section 3243 ..................................... amended 72 5, 101Section 3346 .................................... amended 123 1 279Section 3353 .................................... amended 123 3 281Sections 3836, 3837, 3841 ......................... repealed 227 9 635Section 3862-3 .................................. amended 71 1 92Section 5788-1 .................................. amended 207 1 549Section 5792-1 ........... .... .amended 207 2 550Section 7399 .................................... amended 122 8 276Section 9154-1....................................amended 85 1 143

(712)

GENERAL INDEX.

ACIDS (See CAUSTIC OR CORROSIVE SUBSTANCES).

ACTIONS:Civil, commencement, act repealed.........................

issues, acts relating to repealed.......................Commencement, summons by publication..................

w hen authorized .....................................Personal property, title adjudicated.......................Sum m ons, publication .....................................

w hen authorized ......................................

ADMINISTRATIVE BOARD (See STATE OFFICERS ANDDEPARTMENTS).

AERIAL TRANSPORTATION (See, also, AERONAUTICS):Airplanes, landings may be provided......................Bonds authorized by vote, ratified.........................Cities, empowered to acquire landings, etc................Counties, empowered to provide landings..................D irigibles, landings m ay be provided........ ****** -. ..Eminent domain, powers granted cities and port districts..Port districts, empowered to acquire landings, etc.........Seaplanes, lands may be provided.........................

AERONAUTICS (See, also, AERIAL TRANSPORTATION):Act, saved from unconstitutional provisions...............Aircraft, defined ..........................................Airman, defined ...........................................

license, required .....................................possession .......................................

United States license required.........................Appropriation for construction of building at University

of Washington ....................................Definitions ...............................................

aircraft ..............................................airman ...............................................operating aircraft .....................................

Licenses, required to operate..............................Operating aircraft, defined................................Penalties ................................................Traffic rules, conformity to United States required.........United States government licenses required...............

AGRICULTURAL SEED REVOLVING FUND:A bolished ................................................Appropriations from, paid from general fund..............Monies transferred to general fund........................Transferred to general fund...............................Warrants, payable from general fund.....................

ch. Sec. Page

41438181

1008181

9393939393939393

157157157157157157

56157157157157157157157157157

166166166166166

AGRICULTURE (See, also AGRICULTURAL SEED REVOLVINGFUND; DAIRYING AND DAIRY PRODUCTS).

Director of, bovine animals, examinations and tests fortuberculosis ....................................... 210

caustic or corrosive substances act, enforcement....... 82

AIRPLANES (See AERIAL TRANSPORTATION; AERONAUTICS).

ALIENS: Naturalization of, acts relating to repealed .......... 35

ALKALIS (See CAUSTIC OR CORROSIVE SUBSTANCES).

(713)

1 421 441 1341 1341 1981 1341 134

1 1802 1811 1801 1801 1801 1801 1801 180

7 4101 4081 4083 4094 4093 409

1 501 4081 4081 4081 4082 4081 4086 4105 4092 408

3 4272 4271 4261 4264 427

1 5595 139

1 39

ANIMALS.

ANIMALS (See, also, DOGS, and GAME AND GAME FISH): Ch. Sec. PageBovine, agriculture, director to supervise tests for tubercu-

losis ................................................ 210 1 559examinations for tuberculosis......................... 210 1 559

inspectors ........................................ 210 1 559veterinarian ...................................... 210 1 559

inspectors ............................................ 210 1 559quarantine . ........................................... 210 1 559tubercilosis, exam inations ............................ 210 1 559

tests ............................................. 210 1 559

veterinarian for examination .......................... 210 1 559license .............................................. 210 1 559bond ............................................. 210 1 559

Railroads killing, act repealed ............................. 40 1 42W ild, bounty, acts repealed................................ 36 1 39

APPROPRIATIONS (See, also, APPROPRIATIONS, and RE-APPROPRIATIONS, under HIGHWAYS).

Aberdeen, city of, sewer dist. A, H street from Chehalisriver to 3rd street.................................. 229 3 654

Acts relating to excessive expenditures under, repealed.... 18 1 16Adams county, tax refund................................. 229 3 654Aeronautical building construction ........................ 56 1 50Agriculture, department of................................ 228 3 644

inspection, nursery stock.............................. 5 1 8horticulture .. ...................................... 5 1 8plant quarantine .................................. 5 1 8

supplies, material and service......................... . 5 1 8Anim als, w ild, bounty..................................... 228 3 648Arnold, M. R., judgm ent................................... 229 3 658Attorney General ........................................... 228 3 618

fax litigation ......................................... 229 3 663A uditor, State ...... : ................................... 5 228 3 618

229 3 666

Ballou & W right........................................... 229 3 659Banking Division ........................................ 228 3 643

229 3 663

Barton, Jack, and Lawrence, and Louis Costello, judgment. 229 3 658Bell, Neil W., deceased, Estate of ........................... 229 3 662Bellingham, city of--

assessments against Whatcom tide lands............... 229 3 651H olly street bridge.................................... 229 3 653improvement of High street........................... 229 3 653improvement of Maple street extension................ 229 3 654paving-alley east of Boulevard, dist. 901............... .229 3 654

Bellingham State Normal School........................... 228 3 647Benton county-

Sunnyside Irrigation District tax ...................... 229 3 652tax refund ........................................... 229 3 654

Boardman, Fred, relief of ................................... 229 3 664Bounties on wild animals................................. 228 3 648

Bis 229 3 659Business Control, department of........................... 228 3 640

archives ............................................. 229 3 663capitol buildings and grounds ........................ 228 3 640Eastern state hospital................................. 228 3 641insane deportations . : ............................. 228 3 641lunch room equipment ............................... 229 3 663Northern state hospital ................................ 228 3 641parole department ................................... 228 3 640transportation department ........................... 228 3 640Washington state penitentiary ........................ 228 3 641Western state hospital ................................. 228 3 641

(714)

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: Oh. Sec. PageCase, Austin E., as executor Estate John Buchanan,

deceased ............................................ 229 3 661

"Capital outlays," defined................................5 228 2 617

(229 3 650Capitol building, repair and restoration ..................... 4 1 7Capitol Building, old, repair and reconstruction (deficiency) 228 3 649Capitol Building Construction Fund bonds..................228 3 648

Capitol Committee ....................................... 228 3 619t 229 3 666Chambers, Le Roy W., as admr. Estate Mary Mathews,

deceased ............................................ 229 3 661Cheney State Normal School................................228 3 647Chicago, Milwaukee & Puget Sound Railway Co.............229 3 659Chicago, Milwaukee & St. Paul Railway Co.................229 3 659City of Aberdeen (See Aberdeen, city of, this subject).City of Bellingham (See Bellingham, City of, this subject).City of Ellensburg, street improvements, Walnut-Ninth-

"E" streets ......................................... 229 3 652City of Everett, assessments................................229 3 652City of Montesano, water application fee refund............229 3 662City of Seattle (See Seattle, city of, this subject).City of Sunnyside (See Sunnyside, city of, this subject).Clark county, maintenance and construction tax.............229 3 652Collins, G. W ............................................... 229 3 659Columbia Basin survey .................................... 229 3 664Commissioner of Public Lands..............................228 3 638

Savidge, Clark V., relief on account worthless check ... 229 3 657survey and establishment harbor lines and tide lands

first class, Port Angeles.....................229 3 656survey and platting first class tide lands, Everett.....229 3 656

Commission Merchants Act.................................228 3 644Conservation and Development, department of .............. 228 3 643Conservative Land and Investment Company, a corporation 229 3 664Consul General of Latavia, as representative of heirs of

Martin Essar (Eser), deceased.......................229 3 660Continental Telegraph Co...................................229 3 659Cope, Florence...........................................229 3 658Copenhagen Brothers, road contract, Lewis county ......... 229 3 664Cost bills, criminal..........................................228 3 648Costello, Lawrence and Louis, and Jack Barton, judgment.. 229 3 658Court costs, insanity cases.................................228 3 648Criminal cost bills................ ........................ 228 3 648Cross, J. L., admr. of the Estate of Le Roy W. Cross, de-

ceased, judgment..................................229 3 657Custodial School, State.................................228 3 642Dahlin, Norma, guardian of ................................ 229 3 662

Definitions, capital outlays.............................. 228 2 6371 229 3 650

operations .............................. ............. 228 3 637{229 3 650Department of Agriculture.................................228 3 644

commission merchants act...........................228 3 644seed inspection....... 228 3 644Washington State Fair.................................228 3 644

Department of Business Control (See Business Control, de-partment of, this subject).

(Ch. Se .age

2291566

APPROPRIATIONS.

APPROPRIATIONS-CoNTINUED: Ch. See. PageDepartment of Conservation and Development............. 228 3 643

division of hydraulics ............................... 228 3 643forestry division .................................... 228 3 643general office operations............................... 228 3 643reclamation division ................................. 228 3 643water code, geological survey........................ 228 3 643

provisions of act.................................. 228 3 643Department of Efficiency.................................. 228 3 643Department of Fisheries and Game...................... 228 3 645

229 3 666Department of Health..................................... 228 3 643Department of Labor and Industries..................... 228 3 645

229 3 663Department of Licenses................................... 228 3 644

blue sky enforcement, house bill No. 247............... 229 3 666senate bill No. 104.................................... 229 3 665

Department of Public Works.............................. 228 3 640Destruction of seals....................................... 229 3 660Director of Highways, operations.......................... 228 3 645Director of Real Estate.................................... 228 3 645Division of banking..................................... 228 3 643

229 3 663Division of Fisheries, hatcheries re-appropriation .......... 229 3 657Division of Game and Game Fish.......................... 228 3 645Division of Municipal Corporations........................ 228 3 638Division of Savings and Loan Associations ............... . 228 3 643

229 3 663Douglas county, tax refund................................ 229 3 654Eastern State Hospital.................................... 228 3 641Education, State board of................................. 228 3 639Efficiency, department of.................................. 228 3 643

banking division .................................... 228 3 643division of banking.................................. 228 3 643division of savings and loan associations............. 228 3 643highway patrol division .............................. 228 3 643industrial loans ........................................ 228 3 643savings and loan associations, division of............. 228 3 643

Ellensburg, city of, street improvements, Walnut-Ninth-Estreets ............................................ 229 3 652

Ellensburg state normal school............................ 228 3 647Emergencies, pursuant to sec. 10, chap. 9, Laws of 1925-

interest on warrants.................................. 228 3 649old capitol building, repairs and reconstruction....... 228 3 649permanent highways in island counties............... 228 3 649w arrants .......................................... 228 3 649

229 3 666Engelsen, Ed., as admr. Estate of Arthur Lawson, deceased 229 3 661Equalization, state board of ............................... 228 3 639Essar (Eser), Martin, deceased, Estate of .................. 229 3 660Evans, Marvin, admr. estate of Agnes McLaughlin, de-

ceased, judgment .................................. 229 3 657Everett, city of, assessments............................... 229 3 652Ferry county ............................................... 229 3 666Fibreboard Products, Inc., judgment....................... 229 3 657Finance Committee, State.................................. 228 3 640Fisheries and Game, department of ...................... 228 3 645

229 3 666division of game and game fish........................ 228 3 645

Fisheries, division of, hatcheries re-appropriation.......... 229 3 657Flags, First Washington Volunteer Infantry............... 217 4 596

historic .............................................. 217 4 596

(716)

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: Ch. Se.Fleischmann Co. ........................................... 229 3Fords Prairie Coal Co......................................229 3Forest B oard ............................................. 228 3Forestry Division ........................................... 228 3F ry, C. H .................................................. 229 3Gallagher, John E., as admr. Estate of Gabriel Olsen Weig,

deceased ............................................ 229 3Game and Game Fish, division of...........................228 3Garfield county, overpayment Centralia Normal School Fund

tax ................................................. 229 3permanent highway 1924 tax overpayment.............229 3

Governor, traveling expenses, April 1, 1925, to March 31,1926 ................. ............ 229 3

war supplies turned over to state, investigation ofrecords.............................................229 3

Governor's mansion .......................................Governor's office..........................................Governors' portraits......................................Grant county-

tax refund account cancellation state contracts .......tax refund, per court order...........................

Graves of Spanish War veterans...........................Grays Harbor county, diking (and drainage) tax...........

weed dist. No.*1 tax..................................Great Northern Railway Co., judgment....................Hall, Geo. A., executor Estate T. J. McBratney.............Hall, James, Vancouver, Washington......................Hansen, Nils, deceased, Estate of....................Harbor Improvement Fund..........................

228228217

229229228229229229229229229228229

chapters 168, 169 and 170, laws of 1913.................229Hartvedt, C. P., judgment...................................229Hastings, F. 0., reimbursement amount paid for Island

county tide lands .................................. 229Health Department ....................................... 228Heaton, Geo. S., judgment.................................229Helder, Helen, as adm'x of Bert Helder, deceased........... .229Hertz Driv-Ur-Self Stations, Inc., judgment.................229Highway Patrol division............................228Highways (See, also, Appropriations, and Re-appropriations,

under highways).county, permanent highway fund re-appropriation... 152director of, operations.................................228island counties....................................57

permanent highway fund..........................147re-appropriation...................................152

permanent highway fund, island counties..............147construction and maintenance......................147re-appropriation ................................... 152

island counties ................................ 152re-appropriation from permanent highway fund......152

island counties .................................. 152state, federal aid projects.............................146San Juan county.......................................57

Hydraulics, division of .................................... 228lwaco tide lands, replatting ............................. 222Inauguration of elective state officers.......................3Industrial loan ........................................ 228Inheritance Tax and Escheats division ...................... 228Inmian, W. K., as admr. Estate Alexander K. Pesonen, de-

ceased..............................................229

(717)

334

3333333333333

333333

131111111112132233

3

Page660660640643662

661645

659660

657

657637637596

654654648651652658662664662648665665657

663643658661657643

398645

51371398371371398398398398370

51643610

7643643

661

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: Ch. Sec. PageInsanity cases, court costs..................................228 3 648Insurance Commissioner...................................228 3 638Island.county drainage tax.................................229 3 651Jarrish, Mrs. Edwin........................................229 3 663Jefferson county dike and drainage tax.....................229 3 653Judgments-

Arnold, M. R............................................229 3 658Barton, Jack, and Lawrence and Louis Costello.........229 3 658Costello, Lawrence and Louis, and Jack Barton.........229 3 658Cross, J. L., admr. of the Estate of Le Roy W. Cross,

deceased ............................................ 229 3 657Evans, Marvin, admr. Estate of Agnes McLaughlin, de-

ceased .............................................. 229 3 657Fibreboard Products, Inc...............................229 3 657Great Northern Railway Co.............................229 3 658Hartvedt, C. P.........................................229 3 657Heaton, Geo. S.........................................229 3 658Hertz DriVr-Ur-Self Stations, Inc........................229 3 657Manos, Geo............................................229 3 658Netherland American Mortgage Bank...................229 3 657Northern Pacific Railway Co..... ...................... 229 3 658O'Brien, R. A...........................................229 3 658O'Neal, Mabel..........................................229 3 658Opacich, Geo............................................229 3 658Saffron, Phineas.......................................229 3 658Smith, Geo. and Agnes..................................229 3 658Snyder, Martin E.......................................229 3 657Sterling, Theodore.....................................229 3 658Warwick, Sam..........................................229 3 658

Judicial Council .......................................... 228 3 640Jungquest, Alfred, relief of.....229 3 664Kimsey, Dr. L. G............................................229 3 660King county, tuberculosis hospital..........................229 3 659Kinman, Morris & Company................................229 3 662Klickitat county, White Salmon Irrigation District tax.....229 3 651Kohler Co..................................................229 3 659Labor and Industries, Department of..................... 228 3 645

t229 3 663La Fromboise, A. A., as admr. Estate of Joseph Goslin, de-

ceased .............................................. 229 3 661Lam b, L. S................................................. 229 3 662Latavia, Consul General, as representative of heirs of Martin

Essar (Eser), deceased..............................229 3 660Lateral highway fund............................. .......... 88 17 171Law examiners, state board of ............................ 228 3 640Law library, state..........................................228 3 640Legislative expense 5 .

Leisatv epne.....................................{ 229 3 664broadcasting inaugural session.........................3 1 6indexing senate and house journals...................228 3 647printing ..................... ..................... 2 1 6

:: - : : :-1 229 3 664printing, indexing, binding and editing session laws,

senate and house journals, other legislativeprinting, and binding public documents of the21st session...................................228 3 647

printing, indexing, binding and editing session laws,senate and house journals and other legislativeprinting ....................................... 229 3 664

senate and house journal,indexing...........................................229 3 664

(23)

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: C. Sec. PageLegislature, members' photographs ...................... 217 4 596

photographs of members ............................ 217 4 596Library, state ........................................... 229 3 664Licenses, department of.................................228 3 644

blue sky enforcement, house bill No. 247 ............... 229 3 666serate bill No. 104.....................................229 3 665

Lieutenant governor .................................... 228 3 637hotel bills and traveling expenses.................... 229 3 657

Lincoln county,tax refund ........................................... 229 3 654

MacGregor, Dr. G. M......................................229 3 660Manos, Geo., judgment....................................229 3 658Military department.................................... 228 3 648Military fund-

paid from general fund................................118 3 251Miller-Callison Storage & Transfer Co......................229 3 660Montesano, city of,

water application fee refund...........................229 3 662Mooney, Alma, as adm'x estate John Hulik,.deceased...229 3 661Morgan, George W., as executor of estate of Mary F.

Severance, deceased .......... 229 3 661Municipal corporations division........................... 228 3 638Murdock, D. J. W..........................................229 3 659Myhan, J. F., deceased, estate of ........... 229 3 662Netherland American Mortgage Bank, judgment...........229 3 657North River Transportation Co.............................229 3 658Northern Pacific Railway Co., judgment.................. 229 3 658Northern state hospital ................................... 228 3 641Okanogan county,

Methow-Okanogan reclamation Dist. (Brewster divi-sion) tax ...................................... 229 3 651

Methow-Okanogan reclamation Dist. (Okeh Div.). 229 3 651Methow valley irrigation Dist. tax.....................229 3 651Whitestone reclamation district tax...................229 3 651

O'Brien, R. A., judgment.................................229 3 658Old capitol building, repair and re-construction............228 3 649O'Neal, M abel ............................................ 229 3 658Opacich, Geo., judgment...................................229 3 658"Operations," defined ................................... 228 3 637

1 229 3 650Oregon Trunk Railway....................................229 *3 689Orset, A m und ............................... ............ 229 3 658Pacific Coast Coal Co......................................229 3 660Pacific county, tax refund............... ................. 229 3 654Palmer, E. B., as executor of estate of Virginia Gans

Ruckman, deceased ................................ 229 3 661Parks committee, state, caretaker's residence..............229 3 660Patrick, Dr. J. F...........................................229 3 660Peabody, Alex M., as executor of estate of Charles E.

Peabody, deceased .................................. 229 3 661Pend Oreille county,

drainage tax ......................................... 229 3 652tax refund ........................................... 229 3 654

Penitentiary, state ...................................... 228 3 641Pinnick, admr. estate John P. Kuros...................... 229 3 661Port Angeles, city of,

assessments against harbor area.......................229 3 651Predatory animals, destruction ........................... 229 3 659Presidential electors.................................... 229 3 659Prosser experiment station................................228 3 646Public works, department of...............................228 3 640

(719)

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: *h. Sec. PagePuget Sound Power & Light Co........................... 229 3 658Puyallup experiment station.............................. 228 3 646Real estate director...................................... 228 3 645Reclamation division .................................... 228 3 644Reformatory, state .................................... 228 3 642

229 3 663Saffron, Phineas, judgment .............................. 229 3 658Savidge, Clark V., relief on account worthless check...... 229 3 657Savings and loan association, division of ................ 228 3 643

229 3 663School for blind.......................................... 228 3 642School for deaf........................................... 228 3 642School for girls, state.................................... 228 3 642Seals, destruction ........................................ 229 3 660Seattle, city of,

Cedar river watershed condemnation................. 229 3 656improvement Broad street............................ 229 3 653improvement Taylor avenue.......................... 229 3 653local improvement assessments....................... 229 3 650park and playfield.......... 229 3 653

Seattle Title Trust Co., as executor of estate of JamesO'M alley, deceased ................................. 229 3 660

Seed inspection .......................................... 228 3 644Secretary of state ....................................... 228 3 637Shields, W. W., treasurer of King county................. 229 3 661Shore land warrants, interest............................ 228 3 648Skagit county,

dike tax ............................................. 229 3 652Smith, Geo. and Agnes, judgment.......................... 229 3 658Snohomish county,

tax refund .......................................... 229 3 654Snyder, M artin E ........................................ 229 3 657Soldiers' colony .......................................... 228 3 643Soldiers' hom e ........................................... 228 3 642Spanish war veterans' graves............................ 228 3 648Spokane, city of,

assessments against school section................... 229 3 651tax refund .......................................... 229, 3 654

Spokane, Portland & Seattle Railway Co................. .229 3 659State auditor .......................................... . .228 3 638

229 3 666State board of education................................. 228 3 639State board of equalization ............................... 228 3 639State board of law examiners............................. 228 3 640State board of vocational education...................... 228 3 639

228 3 638State capitol com m ittee ............................... 639

229 3 666State college of W ashington.............................. 228 3 646State custodial school................................... 228 3 642State finance committee.................................. 228 3 640State forest board........................................ 228 3 640State game farm......................................... 173 2 434State law library ........................................ 228 3 640State library ... ......................................... 228 3 640

229 3 664State parks committee, caretaker's residence............. .229 3 660State penitentiary,

operations ........................................... 229 3 665women's ward ....................................... 229 3 665

State reformatory ....................................... 228 3 642

(720)

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: Ch. Sec. PageState school for blind.................................... 228 3 642State school for deaf..................................... 228 3 642State school for girls.................................... 228 3 642State soldiers' colony .................................... 228 3 643State soldiers' hom e ..................................... 228 3 642State tax comm ission .................................... 228 3 643

house bill No. 217 ....... ............................. 229 3 666inheritance tax and escheats division.................. 228 3 643

State training school .................................... 228 3 642State traveling library .................................. 228 3 640State treasurer ........................... 228 3 638

229 3 665salary Increase ...................................... 229 3 663

Sterling, Theodore ....................................... 229 3 658Sunnyside, city of,

sewer district 101.................................... 229 3 654Superintendent of public instruction...................... 228 3 638

salary increase ...................................... 229 3 663Superior court judges.................................... 228 3 638Suprem e court ............................................ 228 3 638Supreme court reporter................................... 228 3 638Tax com mission, state.................................... 228 3 643

house bill N o. 217..................................... 229 3 666Tax litigation, attorney general.......................... 229 3 663Taxation investigation commission ....................... .127 5 317Teachers' retirement fund................................ 228 3 639Thurston county,

drainage tax ........................................ 229 3 652tax refund .......................................... 229 3 654

Tieton water users' association ........................... .229 3 664Training school, state.................................... 228 3 642Treasurer, state ....................................... 228 3 638

229 3 665Tuberculosis hospitals ................................... 228 3 648

additional hospital in King county ................... .229 3 659Twin City Transit Co..................................... 229 3 658Underwood Typewriter Co................................ 229 3 660United States Shoe Machinery Corporation ................ 229 3 658University of Washington................................ 228 3 646

aeronautical building construction.................... 56 1 50Veterans compensation bond retirement and interest ..... 228 3 648Vocational education, state board of ...................... 228 3 639Wahkiakum county,

drainage assessments ................................ 229 3 653Walla Walla county,

drainage tax ........................................ 229 3 652permanent highway 1927 tax overpayment ............ 229 3 660tax refund .......................................... 229 3 654

Warwick, Sam, judgment................................. 229 3 658Washington state college ................................. 228 3 646

Prosser experiment station........................... 228 3 646Puyallup experiment station.......................... 228 3 646

Washington state fair....... ..... 228 3 644Washington state historical society ....................... 228 3 648Washington state penitentiary........................... 228 3 641

operations ........................................... 229 3 665women's ward ....................................... 229 3 665

Washington state reformatory.......................... .. 228 3 642229 3 663

W ashington veterans' home.............................. 228 3 643paving.................................................229 3 663

(721)

APPROPRIATIONS. Cl. Sec. Page

APPROPRIATIONS-CONTINUED:W ater code .............................................. 228 3 643

geological survey .................................... 228 3 643provisions of act..................................... 228 3 643reclam ation division ................................. 228 3 644

Weimer, Samuel, cancelled accident fund warrants......... .229 3 660W estern state hospital................................. 228 3 641

229 3 663W ild anim als, bounty.................................... 228 3 648

229 3 659Yakima county,

dike and drainage tax on state fair grounds .......... 229 3 653Outlook irrigation district tax......................... 229 3 653tax refund .......................................... 229 3 654Yakima Irrigation district tax ........................ 229 3 653

Zam berlain, Joseph ...................................... 229 3 662

ARTESIAN WELLS:Cap required ............................................ 138 1 356Flow restricted .......................................... 138 1 356

ATTORNEY GENERAL:Actions for state officers, to be instituted by .............. 92 3 178Assistants,

appointm ent .......................................... 92 7 179pow ers .............................................. 92 7 179

Bond ............................................. ....... 92 1 177additional may be required by governor............... .92 1 177conditions ........................................... 92 1 177failure to furnish creates vacancy..................... 92 2 177

Books and records to be kept............................... 92 4 178Consult and advise,

governor ............................................ 92 4 178legislature ............................................ 92 4 178prosecuting attorneys ............................... 92 3 178

Contracts for state interests....................... ....... 92 4 178Corporations, prosecuted for failure to report............. .92 4 178Defend actions against state officers...................... 92 3 178D uties ................................................... 92 3 178Funds, enforce proper application........................ 92 4 178Institute actions for state officers ......................... . 92 3 178Judicial proceedings-

bond executed ....................................... 92 6 179Monies paid state treasurer.............................. 92 4 178Oath of office.............................................. 92 1 177Official opinions, record of................................. 92 4 178Opinions for legislature.................................. 92 4 178P ow ers .................................... ................ 92 3 178Qualifications ............................................. 92 1 177R eport biennially ......................................... 92 5 179R epresent state ........................................... 92 3 178

ATTORNEYS:Disbarment-act relating to, repealed...................... 44 1 44Fees, acts relating to, repealed............................ 34 1 38

AUDITOR (see STATE AUDITOR).

AUTO TRANSPORTATION COMPANIES:Auto transportation fund-abolished....................... 108 2 211

Fees required from........................................ 108 1 210Gross operation revenues, fees based upon................. 108 1 210Public service revolving fund, fees paid into............... 108 1 210Statement required from.................................. 108 1 210

(722)

BANKS AND BANKING.

AUTOMOBILES (see MOTOR VEHICLES). Ch.

BALLARD:Tide lands granted to Seattle.............................. 177

BANK CHECKS (see CHECKS under BANKS AND BANKING).

BANKS AND BANKING (including TRUST COMPANIES);(see, also, MUTUAL SAVINGS BANKS):

Advertising to prepare wills or furnish legal advice, pro-hibited ............................................. 72

Articles of incorporation.................................. 174contents .............................................. 174

Bank supervisor,fees collected by...................................... 72investigation to be m ade.............................. 72

Banks,defined ............................................... 203deposits, guaranty of, statutes repealed ................ 11capital required . ...................................... 72central business district boundaries.................... 72certificate of authority issued......................... 72

Checks,bank, defined ......................................... 203definitions ............................................ 203deposited for collection................................. 203

act, not retroactive................................ 203cited by nam e................................. 203construction ................................ S 203

203repealing inconsistent acts .................... 203

agency of bank................................... 203bank of deposit is agent for depositor.............. 203bank to exercise ordinary care..................... 203credit provisionally ............................... . 203dishonored by non-payment........................ 203

notice required to be given.................... 203rights of parties.............................. 203

failure of bank, effect............................. 203forwarding bank .................................. 203indorsement, restrictive ........................... 203insolvency of bank, effect......................... 203loss or destruction in transit...................... 203non-payment ..................................... 203

notice of, required to be given................. 203rights of parties............................... 203

ordinary care, defined............................ 203paid, when so deemed............................. 203payment to bank, recognized method............. S 203

t 203forwarding bank ...................................... 203indorsem ent .......................................... 203

blank ............................................ 203"for deposit," effect............................... 203"pay any bank or banker," effect.................. 203special indorsem ent ............................... .203

item , defined .......................................... 203loss or destruction in transit........................... 203payment to bank with which deposited.............. .. 203

203D efined ................................................... 203Depositaries for public funds (see Depositaries, under

Public Funds).

(723)

Sec. Page

3 439

98435435

9396

51811949496

518518518525525525525525518518520519522523522524519519524521522523522520521521522518519519519519519518521521522518

BANKS AND BANKING.

BANKS AND BANKING-CONTINUED: Ch. Sec. PageDeposits-guaranty of, statutes repealed................... .11 1 11Examination by supervisor of banking..................... .73 1 102

fees for ............................... ............... 73 1 102Excise tax (see Financial Institutions, under Taxation).Failure-checks held for collection, effect of ............... .203 13 524Fees, schedule, collected from............................. 72 1 93Incorporation authorized .................................. 72 2 94Insolvency,

checks held for collection, effect of .................... 203 13 524depositary securities, delivery......................... 186 3 488

Investigation of character of incorporators................. .72 3 96Legal advice prohibited.................................... 72 4 98Loans on security of own capital stock prohibited.......... 72 5 101Location restricted ....................................... 72 2 94Ordinary care, in collecting checks ......................... 203 6 520Organization .............................................. 72 3 96

approved or rejected by bank supervisor................ 72 3 96rejected, appeal to court............................... 72 3 96

Powers enumerated ....................................... 72 4 98Shares of stock, deemed personal property................. 72 5 101Shares of stock, of other corporations, ownership prohib-

ited .................................................... 72 5 101Taxation (see Financial Institutions, under Taxation).Trust companies,

articles of incorporation............................... 174 1 435contents .......................................... 174 1 435

depositaries for public funds (see Depositaries, underPublic Funds).

funds, investment regulated........................... 206 .. 534Investments,

affiliated corporation, investment in prohibited..... 206 20 548agreement, specific ............................... 206 16 546

discretion of trust company.................... 206 17 546artificial gas corporation bonds .................... 206 11 541bank supervisor,

examination of data with respect to invest-ments ...................................... 206 21 548

investments approved by...................... 206 15 546bonds, defaulted .................................. 206 19 547"book value of all physical assets," defined........ 206 10 539buying or selling investments to itself, prohibited. 206 20 548Canadian bonds, etc............................... .206 3 534circulars, relating to investments, to be kept....... 206 21 548cities of Washington bonds, etc .................... 206 4 535city of other state, bonds or notes................. .206 6 535corporate stocks, excluded......................... 206 15 546corporations, merged or consolidated............... 206 18 547

exchange of investment....................... 206 18 547counties of Washington bonds, etc................. .206 4 535county of other state, bonds or notes.............. 206 6 535data, relating to investments, to be kept........... 206 21 548defaulted securities ............................... 206 19 547definitions,

book value of all physical assets.............. 206 10 539fixed charges ................................. 206 10 539gross operating revenues...................... 206 10 539net earnings of the corporation ................ 206 10 539operating expenses .................... .... 206 10 539proper provision for the retirement of the

physical property of the corporation......... 206 10 539Dominion of Canada, bonds, etc.................... 206 3 534

(724)

BARBERING.BANKS AND BANKING-CONTINUED:

Trust companies,investments, Ch. Sec. Page

electrical energy corporation bonds.............. .. 206 11 541

206 12 544examination,

circulars, data, etc., by bank supervisor........ 206 21 548exchange, authorized ............................. 206 18 547first class city of Washington,

water bonds .................................. 206 5 586first mortgages on real estate..................... 206 13 544

bonds ........................................ 206 13 544"fixed charges," defined........................... 206 10 539funds, in accordance with trust agreement......... .206 16 546

discretion of trust company................... 206 17 546gas corporation bonds............................. .206 11 541gross operating revenues, defined .................. 206 10 539investigation of securities made ................... .206 21 548letters, relating to investments, to be kept......... .206 21 548mortgages in default.............................. 206 16 547municipal corporations of other states, bonds or

notes ............... ............................ 206 6 535municipal corporations of Washington, bonds,

notes, etc....................................... 206 4 535mutual savings bank account...................... 206 15 546net earnings of the corporation.................... 206 10 539operating expenses, defined........................ 206 10 539personal property, held in trust.................... 206 14 546port district of other state, bonds or notes......... 206 6 535"proper provision for the retirement of the physi-

cal property of the corporation," defined..........206 10 639property, held in trust............................. 206 14 546railroad bonds .................................... 206 7 535

debenture bonds .............................. 206 7 535first m ortgage ................................ 206 7 535fixed interest bearing.......................... 206 7 535

railroad equipment obligations.................... 206 9 539railroads, class one, mortgage bonds............... 206 8 538real estate, held in trust........................... 206 14 546real estate first mortgages........................ 206 13 544

bonds ........................................ 206 13 544school district of other state, bonds or notes ...... 206 6 535school districts of Washington, bonds, etc.......... 206 4 535

second class city of Washington water bonds.. 206 5 535selling or buying investments to itself, prohibited.. 206 20 545supervisor of banking,

examination of data with respect to invest-m ents ...................................... 206 21 548

investments approved by...................... 206 15 546telephone corporation bonds..................... 206 11 541

206 12 544trust agreement to regulate....................... 206 16 546

discretion of trust company................... .206 17 546United States bonds, obligations, etc............... .206 2 534water bonds of 1st or 2d class cities of Washington 206 5 535

BARBERING:Act relating to-penalties for violation .................... 209 8 559A nnual license ............................................ 209 4 555Barber-school,

permit for operation................................... 209 6 557requirements for issuance......................... 209 6 557

regulations ............................................. 209 6 557

(725)

BARBERING.

BARBERING-CONTINUED:Barber-school, Ch. See. Page

revocation of license.................................. 209 6 557student barber ....................................... 209 6 557

certificate ........................................ 209 6 557fee ........................................... 209 6 557

qualifications ..................................... 209 6 557Examination, passing grade............................... 209 3 555

practice under licensed barber until .................... 209 2 555Hair-cutting in beauty shop-annual license............... .209 4 555License,

annual ............................................... 209 4 555issuance following examination........................ 209 3 555reciprocity between states............................. 209 5 556renewal annually ..................................... 209 4 555

Penalties for violation of act.............................. 209 8 559Permit to practice pending examination ................... 209 2 555Practice prohibited without license ........................ 209 1 554Reciprocity between states................................ 209 5 556Renewal license annually.................................. 209 4 555Violation of act, penalties .................................. 209 8 559

BENEVOLENT, SOCIAL, CHARITABLE AND EDUCATIONALASSOCIATIONS AND CORPORATIONS:

Board of trustees, powers .................................. 131 1 123By-laws................................................... 131 1 323Powers.................................................... 131 1 323Real estate................................................ 131 1 323

BENTON COUNTY:Taxes-1927-1925 obligation to state cancelled............... 84 1 142

"BLUE SKY LAW" (see "SECURITIES ACT," under "CORPOR-ATIONS").

BOARDING HOUSES (see HOTELS AND INNS).

BONDS (see BONDS, under IRRIGATION DISTRICTS, andMUNICIPAL CORPORATIONS):

Jitney, action upon .......................................... 27 1 27Passenger carriers, action upon ................ *..............37 1 27Water system (see Water System, under Municipal Cor-

porations).

BRIDGES:Pierce county, across Puget Sound at Narrows ................ 62 1 65

acquisition by state or municipality ...................... 62 3 66act providing for.................... ...... 62 .. 65

amendments thereto ................................ 149 .. 375amendments to act ..................................... 149 3. 75authority to construct ................................... 62 1 65chief engineer of U. S. to approve plans ................. 62 2 66condemnation to acquire ................................. 62 3 66

amount of damages .................................. 62 3 66construction to commence ............................... 62 9 69costs statement to be filed ............................... 62 7 68department of public works to prescribe toll rates..62 5 67franchise, granted......................................62 1 65

assignment and sale ................................. 62 8 69plans and specifications .................................. 62 2 66record of costs to be kept ............................... 62 6 67repealing acts and resolutions ........................... 62 10 69right of way granted over public lands .................. 62 4 67

(726)

CHRISTMAS TREES.

BRIDGES--CONTINUED:Pierce county,

secretary of war, Ch. Sec. Pageapprove plans ................................... 62 2 66determine cost ................................... . 62 7 68

state highway department to determine cost........... .62 7 68toll charges to be reasonable.......................... 62 5 67

Puget Sound (see, also, Pierce County, under Bridges).Narrows (amendments to chapter 62, Laws of 1929),

acquisition by state............................... 149 1 375cost, statement .................................... 149 2 376

Snake river,Clarkston-Lewiston, state highway committee to nego-

tiate and report..................................... 113 1 217

BUDGET (see STATE BUDGET SYSTEM).

BUILDING AND LOAN ASSOCIATIONS:Fees, filing and annual-exempt from corporation fees..... 227 7 635Taxation (see Financial Institutions, under Taxation).

CAPITOL BUILDING:Appropriation-repair and restoration..................... 4 1 7

CARRIERS, PASSENGER:Motor vehicle, bond-action for damages.................. 27 1 27

CAUSTIC OR CORROSIVE SUBSTANCES:Acids included ............................................. 82 1 136Act, effective date....................... ................. 82 8 140Agriculture, director of, duties.......... .................. 82 5 139Alkalis included ........................................ 82 1 136Branding packages ....................................... 82 1 136Court may condemn......................................... 82 3 139D efinitions ............................................... 82 1 136Labels on packages....................................... 82 1 136M isbranding ........................................... S 82 1 136

82 2 138court m ay condem n.................................... 82 3 139unlaw ful to sell....................................... 82 2 138

Packages to be branded................................... 82 1 136Penalties for violation..................................... 82 4 139Poison label .............................................. 82 1 136Prosecuting attorneys, duties............................... . 82 6 140Washington caustic poison act of 1929..................... .82 2 140

CHATTEL MORTGAGES:Crops-before seed planted................................ 156 1 406Growing crops ........................................... 156 1 406

when valid ............................................ 156 1 406Personal property, authorized............................. 156 1 406

CHECKS (see under BANKS AND BANKING).

CHRISTMAS TREES:D ealers .................................................. 141 1 361

license ............................................... 141 1 361report ................................................ 141 3 361violation of act, penalty............................... 141 4 362

License required for dealers............................... .141 1 361application ........................................... 141 2 361

Penalty for dealing in without license........................ 141 4 362report ................................................ 141 3 361

Shippers .................................................. 141 1 361license . .............................................. 141 2 361

(727)

CITIES.

CITIES (see under MUNICIPAL CORPORATIONS).

CITY OF SEATTLE (see SEATTLE). Ch. Sec. Page

CIVIL ACTIONS (see, also, ACTIONS):Commencement, act repealed............................... 41 1 42

CIVIL RIGHTS:Restored to persons convicted of crime.................... 26 2 25

CLAMS (see FOOD AND SHELL FISH):

COIN-BOX TELEPHONES:Fraudulent operation ...................................... 184 1 477Slugs, for use in........................................... 184 2 477

COLLECTION AGENCIES:Bond required for operation............................... 90 1 174

amount and conditions................................ 90 2 175business men's association may file one bond........... 90 4 175lawyers exem pt ....................................... 90 3 175national bank exempt................................. 90 3 175professional men's association exempt................. 90 3 175trust companies exempt............................... 90 3 175

Penalty for violation...................................... 90 5 176

COLUMBIA RIVER:Gravel sale, agreements for............................... 220 1 598Material sale, agreements for............................... 220 1 598Sand sale, agreements for................................. 220 1 598

COMMISSION MERCHANT FUND:Abolished ....................................... ........ 164 3 424Appropriations from, paid from general fund .............. 164 2 424Monies transferred to general fund........................ 164 1 424Transferred to general fund............................... 164 1 424Warrants, payable from general fund...................... 164 4 425

COMMON CARRIERS:Facilities equal to all..................................... 96 1 185Fares, schedules ........................................... 96 1 185

refunds prohibited ..................................... 96 1 185Passenger transportation,

free tickets, prohibited................................ 96 1 185exceptions ........................................ 96 1 185

passes, prohibited .................................... 96 1 185Rates, schedules ............................................ 96 1 185

county property ....................................... 96 1 185municipal government's property............... ...... 96 1 185refunds prohibited ..................................... 96 1 185state property ......................................... 96 1 185United States property................................ 96 1 185

Refunds, prohibited ...................................... 96 1 185Service contracts,

telegraph com panies .................................. 96 1 185telephone companies ................................... 96 1 185

CONGRESSIONAL DISTRICTS:Acts relating to, repealed.................................. 49 1 47

CONGRESSIONAL SURVEYS:Acts relating to, repealed.................................. 28 1 28

CONSTITUTIONAL AMENDMENTS:Referred to people by legislature-arguments on............ 10 1 320Taxation, relating to-submitted to voters................. 191 1 499

(728)

COUNTIES.

COOPERATIVE MARKETING ASSOCIATION: Ch. Sec. PageBoard of not less than five directors..................... .69 1 90By-law s, contents ......................................... 69 1 90Directors,

appointment ........................................... 69 1 90elections ............................................. 69 1 90powers ............................................... 69 1 90

CORPORATIONS (see BENEVOLENT, SOCIAL, CHARITABLEAND EDUCATIONAL ASSOCIATIONS and CORPORA-TIONS):

Domestic,fees, schedule ....................................... 227 1 631

227 4 633act, if unconstitutional in part..................... 227 10 635amendatory articles .............................. 227 1 631annual ............................................ 227 4 633filing articles ...................................... 227 1 631supplemental articles .............................. 227 1 631

Eminent domain-acts relating to repealed................ 29 1 29Fees, filing articles and annual ............................ 227 .. 631

building and loan associations, exempt................. 227 7 635public service companies, deductions allowed........... 227 8 635savings and loan associations, exempt................. 227 7 635

Foreign,appeals to court from decision of secretary of state.... 227 6 635fees, schedule .. ...................................... 227 2 632

227 5 634annual ........................................... 227 5 634court appeals from decision of secretary of state... 227 6 635filing articles ..................................... 227 2 632statem ent ........................................ 227 3 632

Securities act,director of licenses, duties and powers of secretary of

state transferred ...... 133 1 350secretary of state, duties transferred to director of

licenses ............................................ 133 1 350

CORROSIVE SUBSTANCES (see CAUSTIC OR CORROSIVESUBSTANCES).

COSTS:Justice court, security for (see under Justice Courts) ..... 102 . . 200Superior court, security for (see under Courts) ........... .103 . . 202

COUNTIES (see, also, COUNTY COMMISSIONERS):Assessments of lands for local improvement............... .139 1 358Franchises for use of roads by,

electric light lines.................................... 119 1 252telegrah lines ........................................ 119 1 252telephone lines ....................................... 119 1 252

Funds,depositaries (see under Public Funds).

Highways (see, also, under Highways).appropriations (see, also, under Highways).

permanent highway fund .......................... 147 1 371Lands,

assessments for dikes and drains to be paid ............ 193 2 502levy .............................................. 193 3 502

assessments for local improvements................... 139 1 358charter provisions of municipal corporations not

to affect ........................................ 139 1 358"county lands assessment fund," created............... 193 1 501

(729)

COUNTIES.

COUNTIES-CONTINUED:Lands, Ch. Sec. Page

deeds, w arranty, for................................... 197 1 507title perfected,

warranty deed authorized......................... .197 1 507recovery for breach........................... 197 1 507

warranty deed for...................................... 197 1 507Management of affairs, repealed........................... .. 7 1 9Officers,

traveling expenses, statement sworn to ................ 104 1 203oath, form ....................................... 104 2 204

Real estate,deed, warranty, for.................................. 197 1 507w arranty deed for..................................... 197 1 507

recovery for breach............................... 197 1 507R oad districts ............................................ 189 1 497Taxation, acts relating to, repealed......................... 13 1 12

COUNTY COMMISSIONERS:Franchises,

electric light lines.................................... 119 1 252telegraph lines ....................................... 119 1 252telephone lines ....................................... 119 1 252

Noxious weed districts (see Noxious Weeds) ............... 125 . . 297Poultry shows, monies provided for ........................ 109 1 212Powers, franchises for,

electric light lines..................................... 119 1 252telegraph lines ....................................... 119 1 252telephone lines ....................................... 119 1 252

Road districts, provided by................................ 189 1 497

COUNTY LANDS (see LANDS, under COUNTIES).

COUNTY OFFICERS:Salaries-acts relating to, repealed........................ 20 1 17

COURTS (see, also, SUPERIOR COURTS; JUSTICE COURTS;JUVENILE COURTS):

Costs-security for,justice courts (see under Justice Courts).............. 102 .. 2Q0superior courts (see under Superior Courts, this sub-

ject) .............................................. 103 .. 202Execution,

issued by clerk ......................................... 25 4 22judgments collected by................................ 25 1 21kinds ................................................. 25 3 21m ethod of execution................................... 25 4 22persons entitled to have issued ........................ 25 7 24property subject to.................................... 25 6 24return on ............................................ 25 5 23sheriff, duty in........................................ 25 5 23supplemental proceedings, acts relating to repealed... 38 1 40

Judgments,abstract, contents .................................... 60 3 58assignments ........................................... 60 5 58

filin g ............................................ 60 5 58county clerks,

duties ........................................... 5 60 4 5860 5 58

record . ............................................ 60 5 58dismissal,

court's motion ..................................... 89 1 172defendant's m otion ............................... 89 1 172plaintiff's m otion .................................. 89 1 172

(730)

CRIMES AND PUNISHMENTS.

COURTS-CoNTINUED:Judgments, Ch. Sec. Page

enforcement ........................................... 25 1 21limitation six years ............................... 25 2 21

en try ................................................ 60 4 58execution docket .................................... 60 4 58index ................................................ 60 4 58lien .......................... ....................... 60 1 56

commencement .................................... 60 2 56duration .......................................... 60 7 59justice court ....................................... 60 1 56

commencement ................................ 60 2 56limitation ......................................... 60 1 56personal property ................................. 60 1 56real property ..................................... 60 1 56revival ........................................... 60 8 59superior court ..................................... 60 1 56

commencement ................................ 60 2 56supreme court ..................................... 60 1 56

commencement ................................ 60 2 56United States court................................ 60 1 56

commencement ................................ 60 2 56non-suit ............................................. 89 1 172record ................................................ 60 5 58revival ............................................... 60 8 59satisfaction .......................................... 60 6 58

Security for costsjustice court (see under Justice Courts).............. 102 .. 200superior court (see under Superior Courts, this subject) 103 .. 202

Superior courts,costs,

security for required of non-resident plaintiffs 103 1 202103 2 202

additional bond .............................. 103 1 202security for required of non-resident plaintiffs....... 103 1 202

103 2 202bond as security from non-resident plaintiff ....... 103 1 202

Trials,challenge to sufficiency of evidence.................. 89 1 172

89 2 173exceptions, acts relating to, repealed................. 8 1 10

CRIMES AND PUNISHMENTS:

Aeronautics-violation of act relating to, penalty .......... 157 6 410Aircraft-operation in violation of law, penalty............ 157 6 410Bonds-printing, more than designated by official is felony 212 6 570Caustic or corrosive substances-misbranding and selling.. 82 4 139Christmas trees-dealers,

unlawful, without license.............................. 141 4 362Civil rights restored to persons convicted of ............... 26 2 25Coin-box telephones,

fraudulent operation ................................... 184 1 477slugs for fraudulent operation......................... 184 2 477

Collection agencies-operating without bond, misdemeanor 90 5 176Convicted persons-statement relating to, furnished by

prosecuting attorney ..... 158 1 410Forest fires-assistance refused fire warden, misdemeanor. 207 3 552Fourth class cities-misdemeanor to violate law relating

to tax levy.............................................. 61 5 64Inheritance tax-frauds in connection with, gross misde-

meanor ................................................ 205 6 533

(731)

CRIMES AND PUNISHMENTS.

CRIMES AND PUNISHMENTS-CONTINUED: Ch. Sec. PageInsurance-application, alteration, misdemeanor........... 124 5 294Intoxicating liquor-sale to minor, felony................... 200 1 514Machines,

coin box operated...................................... 184 1 477slugs for fraudulent operation......................... 184 2 477

Parole from prison... ............. 26 .. 25Procedure-process directed to sheriff..................... 39 1 41Prosecuting attorney-statement to be furnished concern-

ing convicted person..................................... 158 1 410Spark-arresters-unlawful to operate engine or boiler

w ithout . ................................................ 172 1 433Traveling expenses of public officials-auditing and allow-

ing without sworn statement is misdemeanor............ 104 1 203CRIMINAL PROCEDURE:

Process directed to sheriff ................................. 39 1 41CROPS:

Chattel mortgage on, authorized........................... 156 1 406DAIRYING AND DAIRY PRODUCTS:

Animals, diseased-sale of milk from prohibited........... 213 9 582Blended milk, defined...................................... 213 1 571Bottles,

caps, name on......................................... 213 17 584milk sold and served in............................... 213 15 584

Butter, defined ........................................... 213 1 571Butter fat, defined........................................ 213 1 571Butter substitutes-state institutions not to use........... .213 7 581Buttermilk, defined ........................................ 213 1 571Cheese, defined ........................................... 213 1 571Cheese factory, defined.................................... 213 1 571Concentrated milk, defined................................ 213 1 571Concentrated skimmed milk, defined....................... 213 1 571Condemned, when unfit for human consumption............ 213 8 582Condensed milk, defined................................... 213 1 571

state Institutions not to use........................... 213 7 581Containers, sterilized ..................................... 213 11 583Cows, diseased-sale of milk from prohibited.............. 213 9 582Cream, defined ........................................... 213 1 571

cooled ................................................ 213 10 582im pure, w hen ........................................ 213 12 583

sale prohibited ................................... 213 8 582infected . .............................................. 213 12 583tem perature .......................................... 213 10 582

Creamed buttermilk, defined............................... 213 1 571Creamery, defined ........................................ 213 1 571Cultured buttermilk, defined.............. ................. 213 1 571Dairy, defined ............................................ 213 1 571

animals, diseased-sale of milk from prohibited ........ 213 9 582bottles,

caps, name on........ 213 16 584milk sold and served in............................ 213 15 584

butter substitute, state institutions not to use......... 213 7 581condensed milk, state Institutions not to use........... 213 7 581container, sterilized .................................. 213 11 583cows, diseased, sale of milk from prohibited............ 213 9 582cream,

cooled ............................................ 213 10 582impure, when .................................... 213 12 583

sale prohibited ............................... 213 8 582infected .......................................... 213 12 583temperature ....................................... 213 10 582

(732)


DAIRYING AND DAIRY PRODUCTS-CONTINUED:Dairy, Ch. Sec. Page

diseased animals, sale of milk from prohibited......... .213 9 582goats, diseased, sale of milk from prohibited........... 213 9 582insanitary, when .......... 213 2 578

containers, not sterilized.......................... 213 2 578filth ............................................. 213 2 578floors of stable................................... 213 2 578manure piles in yard............................. 213 2 578milk house unsuitable............................ 213 2 578milking machines, not sterilized.................. 213 2 578m ilking stools ................................... 213 2 578polluted w ater ................................... 213 2 578privy ............................................ 213 2 578regulations ...................................... 213 2 578

closed until complied with .................... 213 2 578stools unclean .................................. 213 2 578storage of milk in improper places ................ 213 2 578urinal ........................................... 213 2 578wearing apparel of milkers, soiled ................ 213 2 578whitewash cattle stable.......................... 213 2 578yards filthy ..................................... 213 2 578

inspectors ............................................ 213 13 584powers ........................................... 213 13 584

milk,bottles, sale only in............................... 213 14 584condemned, when unfit for human consumption.... 213 8 582cooled ............................................ 213 10 582im pure, w hen ..................................... 213 12 583

sale prohibited ................................ 213 8 582infected .......................................... 213 12 583pasteurized-unlawful, when ...................... 213 12 583sale in bottles only............................... 213 14 584

caps on bottles, name ......................... 213 14 584temperature ....................................... 213 10 582

milk container, sterilized.............................. 213 11 583milk dealer, defined................................... 213 6 581milk products, from diseased animals.................. 213 9 582

sale prohibited ................................... 213 9 582milk products, impure, sale prohibited................. 213 8 582milk vendor, defined................................... 213 6 581

license required ......... 213 4 580oleomargarine, state institutions not to use............ 213 7 581pasteurizing plant ..................................... 213 3 580

thermometer registering device, required .......... 213 3 580products, condemned, when unfit for human consump-

tion ................................................ 213 8 582renovated butter, state institutions not to use......... .213 7 581sale of milk products, from diseased animals, prohibited 213 9 582sale of impure milk products, prohibited............... 213 8 582statistics, reports ..................................... 213 6 581

form s for ........................................ 213 6 581unsanitary, w hen .................................... 213 2 587

Definitions,blended milk .......................................... 213 1 571butter ................................................ 213 1 571butter fat ............................................ 213 1 571buttermilk ........................................... 213 1 571cheese ........ ..... 213 1 571

cheese factory ....................................... 213 1 571concentrated milk ................................... 213 1 571concentrated skimmed milk ........................... 213 1 571

(733)


DAIRYING AND DAIRY PRODUCTS-CoNTrNUED:Definitions, Ch. Sec. Page

condensed m ilk ...................................... 213 1 571condensed skimmed milk............................. 213 1 571cream ............................................... 213 1 571cream buttermilk .................................... 213 1 571cream ed butterm ilk .................................. 213 1 571cream ery ............................................ 213 1 571cultured butterm ilk ... ............................... 213 1 571dairy ................................................ 213 1 571dried m ilk ........................................... 213 1 571dried skim m ed m ilk.................................. 213 1 571evaporated m ilk ..................................... 213 1 571evaporated skimmed milk............................ 213 1 571factory of m ilk products.............................. 213 1 571fruit ice cream ........................................ 213 1 571full cream cheese.................................... 213 1 571full m ilk cheese...................................... 213 1 571half skim cheese..................................... 213 1 571ice cream ............................................ 213 1 571ice milk ................................ 213 1 571im itation cheese ..................................... 213 1 571m alted m ilk ......................................... 213 1 571m ilk . ................................................ 213 1 571m ilk by-product ..................................... 213 1 571m ilk dealer .......................................... 213 6 551m ilk fat ............................................. 213 1 571m ilk plant .......................................... 213 1 571m ilk products ....................................... 213 1 571m ilk vendor ......................................... 213 6 551nut ice cream ........................................ 213 1 571oleonm argarine ....................................... 213 1 571person ............................................... 213 1 571quarter skim cheese.................................. 213 1 571renovated butter .................................... 213 1 571re-m arked butter .................................... 213 1 571skim cheese ......................................... 213 1 571skim m ed m ilk ....................................... 213 1 571sterilized m ilk ....................................... 213 1 571substitute butter ..................................... 213 1 571sweetened concentrated milk......................... .213 1 571sweetened concentrated skimmed milk ................ 213 1 571sweetened condensed milk ............................ 213 1 571sweetened condensed skimmed milk .................. 213 1 571sweetened evaporated milk........................... .213 1 571sweetened evaporated skimmed milk .................. 213 1 571whey .............. ......... ......... 213 1 571

Diseased animals-sale of milk from, prohibited .......... 213 9 552Dried milk, defined....................................... 213 1 571Dried skimmed milk, defined .............................. 213 1 571Evaporated milk, defined. ............................. 213 1 571Evaporated skimmed milk, defined ........................ 213 1 571Factory of milk products, defined ........................ 213 1 571Fruit ice cream , defined.................................. 213 1 571Full cream cheese, defined................................ 213 1 571Goats, diseased-sale of milk from, prohibited ............ 213 9 552Half skim cheese, defined................................ 213 1 571Im itation cheese, defined................................... 213 1 571Ice cream , defined......................................... 213 1 571Ice m ilk, defined.......................................... 213 1 571Inspectors ................................................ 213 11 584

powers.................................................211 11 554

(734)


DAIRYING AND DAIRY PRODUCTS-CONTINUED: Ch. Sec. PageM alted m ilk, defined...................................... 213 1 571Milk, defined ............................................. 213 1 571

bottles, sold only in................................... 213 14 584caps, nam e on.................................... 213 16 584

M ilk--cooled ............................................. 213 10 582im pure, w hen ........................................ 213 12 583

sale prohibited ................................... 213 8 582infected .............................................. 213 12 583tem perature ......................................... 213 10 582vendor's license required.............................. 213 4 580

M ilk by-product, defined.................................. 213 1 571Milk containers- sterilized ............................... 213 11 583M ilk fat, defined.......................................... 213 1 571M ilk plant, defined........................................ 213 1 571M ilk products, defined.................................... 213 1 571

impure- sale prohibited .............................. 213 8 582Milk vendor's license, required............................ 213 4 580Nut ice cream , defined..................................... 213 1 571Oleom argarine, defined ................................... 213 1 571

state institutions not to use............................ 213 7 581Pasteurizing plant-thermometer registering device, re-

quired ............................................. 213 3 580Person, defined ........................................... 213 1 571Quarter skim cheese, defined .............................. 213 1 571Renovated butter, defined................................. 213 1 571

state institutions not to use.......................... 213 7 581Re-worked butter, defined................................ 213 1 571Sam plers license ......................................... 213 4 580

fraudulent sam ples ................................... 213 4 580sam plers license ..................................... 213 4 580

fraudulent sam ples .............................. 213 4 580Skim cheese, defined...................................... 213 1 571Skim m ed m ilk, defined.................................... 213 1 571Statistics, reports required................................ 213 6 581

form s furnished ..................................... 213 6 581Sterilized m ilk, defined................................... 213 1 571Substitute butter, defined................................. 213 1 571Sweetened concentrated milk, defined..................... .213 1 571Sweetened concentrated skimmed milk, defined........... .213 1 571Sweetened condensed milk, defined........................ 213 1 571Sweetened condensed skimmed milk, defined ............... 213 1 571Sweetened evaporated milk, defined....................... .213 1 571Sweetened evaporated skimmed milk, defined .............. 213 1 571W hey, defined ............................................ 213 1 571

DEEDS (including REAL ESTATE MORTGAGES; but see, also,subject REAL ESTATE MORTGAGES):

Acknowledgment, required ............................... 33 2 32before w hom taken................................... 33 3 32

foreign countries ................................. 33 5 33outside of state................................... 33 4 32

corporate ............................................ 33 14 37form of .......................................... 33 14 37

certificate, contents .................................. 33 6 33prim a facie evidence............................... 33 6 33

form of............................................... 33 13 36officer taking, contents of certificate .................. 33 6 33

Bargain and sale, form of................................ 33 10 35covenants im plied .................................... 33 10 35

Conveyance of real estate by............................. 33 1 31Encumbrance of real estate by ............................ 33 1 31

(735)

DEEDS.

DEEDS-CONTINUED: Ct. Sec. PageM ortgages, form of....................................... 33 12 36

effect of ............................................. 33 12 36Quit-claim , form of....................................... . 33 11 35

effect of .............................................. 33 11 35Recorded in auditors office, effect of ...................... 33 9 34Signature required ....................................... 33 2 32State to John W. Murray, for abandoned state highway... 179 1 454Trust, of record.......................................... 33 1 31Validated, when heretofore acknowledged................. 33 7 33Validated, when recorded in auditors office ................ 33 8 34W arranty, form of........................................ 33 9 34

covenants im plied .................................... 33 9 34W riting required ........................................ 33 2 32

DEPOSITARIES (see under PUBLIC FUNDS).

DIKES AND DRAINS:Diking districts,

assessments unpaid ................................... 111 1 214commissioners powers,

certificates of delinquency purchased......... .111 1 214foreclosure ................. . 111 1 214

deeds for lands............................... 111 1 214emergency warrants to purchase certificates. 111 2 215lands, sale ................................... 111 1 214

taxation exempt ......................... 111 3 215levy to purchase certificates.................. 111 2 215

bonds, refunded (see also under Districts, this subject) 211 1 562

Diking improvement districts,assessments-county lands to be paid by tax levy..... 193 2 502bonds, refunded (see also under Districts, this subject) 211 1 562

Districts (including Diking, Drainage, and Diking orDrainage Improvement Districts),

bonds, refunding ...................................... 211 .. 562assessm ents to pay............................... 211 1 562assessment roll,

collection .................................... 211 5 566notice .................................... 211 5 566

confirm ation ................................. 211 4 565contents ..................................... 211 2 563hearing ...................................... 211 2 563supplem ental ................................. 211 9 567

authorized ....................................... 211 1 562exchanged ....................................... 211 1 562funds ............................................ 211 7 567

application ................................... 211 7 567hearing .......................................... 211 3 565

notice ....................................... 211 3 565issuance authorized ............................ 211 1 562

211 6 562liquidation . ....................................... 211 2 563objections ........................................ 211 4 565original assessment roll,

cancelled ..................................... 211 8 567paym ent ....................................... 211 7 567

211 8 567re-assessm ents ................................... 211 9 567sale .............................................. 211 6 566supplemental assessment ......................... 211 9 567United States, refunding loan..................... 211 1 562

(736)

EDUCATION.

DIKES AND DRAINS-CONTINUED:Drainage districts, Ch. Sec. Page

assessments, delinquent, may be cancelled............ 121 5 268bonds, refunded (see also under Districts this subject) 211 1 562

issue, entirely owned by state,exchanged for refunding bonds............... 121 2 266

issue, partially owned by state,exchanged for refunding bonds .............. 121 3 367

Drainage improvement districts,assessments,

county lands to be paid by tax levy............... 193 2 502bonds, refunded (see also under Districts this subject) 211 1 562

DIKING DISTRICTS (see DIKES and DRAINS).

DIKING IMPROVEMENT DISTRICTS (see DIKES and DRAINS).

DIRIGIBLES (see AERIAL TRANSPORTATION).

DOGS:

"County dog license tax fund," created....................198 4 510excess over $500, transferred..........................198 8 512justice of peace, payable from.........................198 10 511payments from for damage done by dogs..............198 5 510

schedule ......................................... 195 5 510witnesses, payable from...............................198 10 511

Damage by-claims paid from county dog license tax fund. 198 5 510owner liable.........................................198 5 510unknown owner, payments from county dog license tax

fund ................................................ 198 5 510Domestic animals killed by, dog to be killed...............198 7 512Enforcement of act-failure to enforce by person or officer

is m isdem eanor ........................................ 198 9 511198 1 509

K ennel license ... ........................................ 198 2 509

Killing, authorized, in certain cases..................... 195 6 5121198 7 51

Killing domestic animals, to be killed.....................198 7 512License, required ......................................... 198 1 509

collection ........................................... 198 2 509

1198 3 510paid into "county dog license tax fund............198 4 510

schedule ............................................ 198 1 509tags .................................................. 198 2 509

Owners-liable for damages done by dogs.................198 5 510P enalties ................................................ 5 198 7 512

198 9 513Running at large, may be killed in certain cases......... 198 6 512

198 7 512Sheriff to kill dogs........................................198 7 512

DRAINAGE DISTRICTS (see DIKES and DRAINS).

DRAINAGE IMPROVEMENT DISTRICTS (see DIKES and DRAINS).

DRUGS (see CAUSTIC or CORROSIVE SUBSTANCES).

EDUCATION:Acts relating to, repealed .................................. 67 1 85Cities,

public utility plant-hildren residents .................. 77 1 130County districts (see Districts, this subject).

-24 (737)

EDUCATION.

EDUCATION-CONTINUED.Districts,

county, Ch. Sec. Pageboard of directors................................ 187 3 490Columbia River district, act inapplicable.......... 187 10 492consolidated district, laws to govern............. .187 8 492county superintendent, appointment............... 187 9 492directors ......................................... 187 3 490

county superintendent, appointment.......... 187 9 492election ...................................... 187 3 490organization ................................. 187 4 491pow ers ...................................... 187 6 491

election, for formation............................ 187 2 489existing schools ................................. 187 7 491organization ..................................... 187 4 491

notification .................................. 187 5 491petition, for formation............................ 187 1 489

School funds-acts relating to, repealed .................. 37 1 40School districts (see Districts, this subject).Text books- sale to pupils............................... 79 1 133

ELECTRIC LIGHT AND POWER (see under PUBLICSERVICE COMPANIES).

EMINENT DOMAIN:Acts relating to, repealed................................. 29 1 29Commissioners- account filed ............................ 87 1 158

com pensation ........................................ 87 1 158oath of office.......................................... 87 1 158

EVERGREEN TREES (see CHRISTMAS TREES).

EXCEPTIONS, BILL OF:Certification of .......................................... 17 1 15Settlem ent of ............................................ 17 1 15

EXECUTION (see under COURTS).

EXECUTORS AND ADMINISTRATORS:Appraisal of property.................................... 112 1 216

appraisers, appointed ................................ 112 1 216compensation ...... ............................. 112 1 216

dispensed with ....................................... 112 1 216Debts-liability ceases after six years if no administration. 218 1 597Inventory, filed .......................................... 112 1 216Mdrtgages-not affected by failure to administer estate.. 218 1 597Real estate-not liable for debts after six years if no ad-

ministration ........................................... 218 1 597

"FARM-TO-MARKET" ROADS (see COUNTY under HIGH-WAYS) ................................................. 88 1 159

FINANCIAL CORPORATIONS (for Taxation see FINANCIALINSTITUTIONS under TAXATION).

FINANCIAL INSTITUTIONS (for Taxation see FINANCIAL IN-STITUTIONS under TAXATION).

FIREMEN'S RELIEF AND PENSION:Act, not to affect prior rights............................ 86 17 157Am ounts paid ............................................ 86 2 145Auditor to draw warrants................................ 86 14 156Board,

action against ....................................... 86 10 152decisions final . ........................................ 86 10 152duties ............................................... 86 1. 144expenses ............................................. 86 10 152m eetings held ......................................... 86 1 144money disbursed, by vote of.......................... 86 1 144payments to be provided.............................. 86 13 156

(738)


FIREMEN'S RELIEF AND PENSION-CONTINUED:Board,

powers, Ch. See. Pageassistant secretary .............................. 86 10 152

salary ........................................ 86 10 152expenses ........................................ 86 10 152oaths to be administered .......................... 86 10 152physician's appointment ......................... .. 86 10 152printing ........................... .............. 86 10 152rules and regulations............................. 86 10 152witness, attendance compelled.................... 86 10 152

printing ............................................. 86 10 152quorum .............................................. 86 1 144retirement of members of fire department............ 86 2 145rules and regulations................................. 86 10 152tax levy requested................................... 86 12 155

City treasurer,books kept by........................................ 86 1 144duties ................................................ 86 1 144

Comptroller to draw warrants ............................ 86 14 156Death of member,

86 2 145children paid ....................................... 86 3 14686 6 149

86 7 150

natural causes,children paid .................................... 86 7 150parents paid ..................................... 86 7 150w idow paid ...................................... 86 7 150

parents paid ....................................... 5 86 6 14986 7 15086 2 145

w idow paid ........................................ 86 3 14686 6 14986 7 150

D efinitions .............................................. 5 86 2 14586 16 157

Disability of member,certificate to be filed................................. 86 4 147children paid ........................................ 86 3 146hospital provided .................................... 86 5 148nurse attendance ..................................... 86 5 148

outside line of duty,paym ent provided ............................... 86 7 150

retirem ent for ....................................... 86 3 146am ount paid ..................................... 86 3 146

sick benefits paid.................................... 86 5 148w idow paid .......................................... 86 3 146

Dismissed member-not entitled to payment .............. 86 9 152Duty, performance of defined............................. 86 16 157Eligible for retirem ent................................... 86 2 145"Firem en," defined ....................................... 86 2 145

Fund,com position .......................................... 86 11 154salary, percentage of members ...................... 86 11 154

86 14 156tax levy for......................................... 86 11 154

Funeral expenses-payment for........................... .86 15 157Members of fire department, defined ...................... 86 2 145

(739)


FIREMEN'S RELIEF AND PENSION-CONTINUED:Payments, Ch. Sec. Page

auditor to draw warrants.............................. 86 14 156comptroller to draw warrants ........................ 86 14 156sem i-m onthly ......................................... 86 13 156W arrants for ....................................... 5 86 13 156

86 14 156"Performance of duty," defined............................ 86 16 157Physical examination-required by board................. .86 8 151Physicians,

appointm ent . .......................................... 86 10 152certificate for disability.............................. 86 4 147du ties ............................................... 86 10 152negligence-no action against board................ .. 86 10 152physical examination of retired member .............. 86 8 151

Police and fire alarm system, members included........... .86 2 145Resigned member-not entitled to payment............... .86 9 152Retirement,

amounts paid ......................................... 86 2 145m em bers eligible ..................................... 86 2 145

Salary deductions ..................................... 86 11 15486 14 156

Saving clause if part held unconstitutional............... .. 86 18 157Tax levy for fund........................................ 86 11 154

city council to provide............................... 86 12 155comm issioners to provide............................. 86 12 155

Validity of acts under prior act .......................... 86 17 157Widow of member-payments to.......................... 86 2 145

FIRST CLASS CITIES (see under MUNICIPAL CORPORA-TIONS).

FISH (see FOOD and SHELL FISH; FISHERIES BOARD;FISHERIES; GAME and GAME FISH).

FISHERIES:Director of fisheries and game,

powers and duties of fisheries board transferred ...... 106 1 209

FISHERIES BOARD:Duties-transferred to director of fisheries and game..... 106 1 209Powers-transferred to director of fisheries and game.... 106 1 209

FLAGS:First Washington Volunteer Infantry ........... ..... ... 217 2 596Historic flags-placed under glass... ................ ... 217 3 596

FOOD AND SHELL FISH (see also FISHERIES BOARD;STATE OYSTER RESERVES):

Clams,family and guests, allowed to take........... . ....... 144 1 266

bag lim it ........................................ 144 1 366razor, seasons, closed.................................. 144 1 366reserves ................................... .......... 144 1 366restrictions, on taking................................ 144 1 366seasons, closed ....................................... 144 1 966

Columbia River-fixed appliances, regulation. of .......... 194 1 504Fish-wheel, regulation of................................. 194 1 504Fisheries Board,

duties and powers-transferred to director of fisheriesand game ........................................... 106 1 209

Fixed appliances, regulations of .......................... 194 1 504abandoned .......................................... 194 1 504end passage-way ..................................... 194 1 504lateral passage-way ................................. 194 1 504lead ................................................. 194 1 504length ............................................... 194 1 504

(740)

FORESTS AND FOREST FIRES.

FOOD AND SHELL FISH-CONTINUED:Grays Harbor, Ch. Sec. Page

fixed appliances, regulation of ........................ 194 1 504Hatchery,

commissioner of public lands-authorized to sell aban-doned hatchery lands............................ 155 2 405

Kalama hatchery eyeing station, lands abandoned andsale authorized .................................... 155 1 402

lands, abandoned .................................... 155 1 402sale authorized ................................... 155 1 402

Middle Fork Nooksack hatchery, lands abandoned andsale authorized ..................................... 155 1 402

Nisqually hatchery, lands abandoned and sale au-thorized ........................................... 155 1 402

Snohomish hatchery, lands abandoned and sale au-thorized ............................................ 155 1 402

South Fork Nooksack hatchery, lands abandoned andsale authorized .................................... 155 1 402

Stillaguamish hatchery, lands abandoned and sale au-thorized ............................................ 155 1 402

Willapa hatchery No. 2, lands abandoned and sale au-thorized ............................................ 155 1 402

Licenses,food fish ............................................ 170 1 431Indians .............................................. 170 1 431qualifications of licensees............................ 170 1 431renew als ............................................. 170 1 431salm on .............................................. 170 1 431shell fish ............................................ 170 1 431

"Oregon license fund,"monies transferred to state fisheries fund.............. 208 1 554

Pound-net, regulation of ................................. 194 1 504Salmon-fixed appliances, regulation of .................. 194 1 504

State fisheries board,duties and powers transferred to director of fisheries

and game ......................................... 106 1 209State fisheries fund,

monies transferred from Oregon license fund .......... 208 1 554Steelheads- may be taken................................ 137 1 355Trap, regulation of....................................... 194 1 504Willapa Harbor,

fixed appliances, regulation of ........................ 194 1 504

FOREST BOARD:

Powers .................................................. 117 1 249

FORESTS AND FOREST FIRES (see also CHRISTMAS TREES):

Fires-assistance refused warden, misdemeanor ........... .207 3 552boilers and engines, spark-arresters on............... 172 1 433extinguishment-compensation of men employed to

prevent spreading ................................. 207 3 552supervisor to employ men to prevent spreading.... 207 3 552wardens to employ men to prevent spreading..... 207 3 552

fire hazard- abatement ............................... 207 2 550clearance certificate .............................. 207 2 550

hazard- abatement, required ......................... . 134 1 351by state ......................................... 134 1 351

cost ......................................... 134 1 351certificate of clearance............................ 134 1 351declared by supervisor of forestry................ 134 1 351notice given owner............................... 134 1 351

(741)

FORESTS AND FOREST FIRES.

FORESTS AND FOREST FIRES-CONTINUED:Fires, Ch. Sec. Page

spark-arresters, required ............................ 172 1 433spark-emitting engine or boiler, unlawful to operate

without spark-arrester ............................ 172 1 433waste material,

burning-application to supervisor of forestry.... 207 1 549compliance with permit, is care of prudent and

careful man ............................... 207 1 549man to supervise, furnished................... .207 3 552perm it ....................................... 207 1 549

work to be done to prevent spread................ 207 3 552Reforestation,

board- powers ....................................... 117 1 249slashings-burning under permit..................... .207 1 549

work to be done to prevent spread................ 207 1 552Spark-arresters, required on engines and boilers.......... 172 1 433State forest lands,

designated by forest board........................... 117 1 249waste material,

abatem ent ....................................... 207 2 550clearance certificate ............................. 207 2 550

FUNDS (see PUBLIC FUNDS).

GAME (see, also, GAME AND GAME FISH):Bird reserve established in portion of Kitsap county...... 76 1 129Guns-unlawful to fire in portions of Kitsap county ...... 76 2 129Wild birds,

unlawful to kill, shoot, etc., in portions of Kitsap Co.. 76 1 129penalty for unlawful killing .......................... 76 2 129

GAME AND GAME FISH (see, also, STATE GAME FARM):Aliens- firearms permit .................................. 221 2 601Animals,

antlers only removed, unlawful....................... .221 13 606carcass-to be removed to camp ...................... 221 11 606fur-bearing-waste prohibited ....................... .221 13 606head, hide, antlers, horns, or tusks, only removed, un-

law ful ............................................. 221 13 606hide only removed, unlawful......................... .221 13 606horns only removed, unlawful........................ 221 11 606wanton destruction, prohibited....................... 221 11 606waste, prohibited .................................... 221 11 606wasteful destruction, to be prevented................. 221 13 606

Antelope, closed season................................... 221 6 602penalty for violation ................................ 221 6 602

Bear,closed season ....................................... 221 5 602predatory, lawful to kill............................. 221 5 602

Beaver,hunting or trapping, prohibited ...................... 221 16 608possession, unlawful ................................. 221 16 608skins, from outside state............................. 221 16 608

shipped into state................................ 221 16 608affi davit ..................................... 221 16 608

stam ped ......................................... 221 16 608Birds,

possession lawful, if lawfully taken .................. 221 15 608upland- closed season ............................... 221 10 605w aste, prohibited .................................... 221 13 606

Bull-frog- closed season ................................ 221 5 602Carcass-to be removed to camp..........................221 13 606

(742)

GAME AND GAME FISH--CONTINUED:Caribou, closed season..................

penalty for violation...............Closed season,

antelope, or parts..................bear ...............................bull-frog ..........................caribou, or parts ..................deer ...............................elk ................................

GAME AND GAME FISH.

Ch. Sec................... 221 6.................. 221 6

.................. 221 6

.................. 221 5S221 5.................. 221 6.................. 221 6

............ 221 1

221 6fawn ................................................moose, or parts ...................................m ountain goat, or parts..............................m ountain sheep, or parts.............................rabbits ..............................................squ irrel .............................................

Dead body-possession lawful, if lawfully taken ..........Deer- closed season .....................................

dogs, unlawful to hunt with..........................lim it ................................................mutilation of carcass.................................p enalty ..............................................ta g ..................................................water, unlawful to shoot in..........................

Dogs,bird dogs-running at large permitted in certain seasonspossession -prohibited during closed elk and deer

season ..................permit by county commissioners..................

stockmen to use with grazing cattle..................unlawful tb hunt deer or elk with...................

Domestication, encouraged ..............................license, fee ..........................................

public parks excepted ............................

Elk,act relating to, repealed..............................closed in certain counties............................dogs, unlawful to hunt with..........................license to hunt.......................................

fee ...............................................limit ................................................m utilation of carcass.................................ta g ..................................................water, unlawful to shoot in..........................

221 6221 6221 6221 6221 5221 5221 15221 6221 8221 6221 7221 6221 7221 8

221

221221221221221221221

42221221221221221221221221

Fish,dynamite or other explosives prohibited ................ 221medicated bait, drugs, poison, lime, nets, fish-berries or

formaldehyde, prohibited ............................ 221possession lawful, if lawfully taken. . ....... .. .. .. .. . . 221snare, net, trot line, wire, string, rope or cable, pro-

h ibited ............................................. 221w aste, prohibited ..................................... 221

Fishing license (see Hunting and Fishing License, thissubject).

Fur-bearing animals,possession lawful if lawfully taken .................... 221w aste, prohibited ..................................... 221

Game fish,defined ............................................... 137dynamite or other explosives, prohibited............... 221

(743)

9

9998

141414

118116778

12

1215

1213

1513

112

Page602602

602602602602602600602602602602602602602608602604602604602604604

604

604604604604607607607

43600604600600602604604604

605

605608

605606

608606

355605

GAME AND GAME FISH.

GAME AND GAME FISH-CONTINUED:Game fish, Ch. Sec. rage

medicated bait, drugs, poison, lime, nets, fish-berries, orformaldehyde, prohibited ........................... 221 12 605

snare, net, trot line, wire, string, rope or cable, pro-hibited ............. ..... 221 12 605

steelhead trout, classified...............................117 1 355Game birds-upland, closed season ........................ 221 10 605Game farmer's license.................................... 221 14 607

fee ................................................... 221 14 607Head-possession lawful, if lawfully taken ................ 221 15 608Hide-possession lawful, if lawfully taken ................. 221 15 608Hunting and fishing license,

alien . ................................................. 221 2 601fee ............................................... 221 2' 601

elk ................................................... 221 1 600hunting . .............................................. 221 3 601

fee ............................................... 221 3 601trapper's license ...................................... 221 4 601

Lawfully taken, possession lawful......................... .221 15 608License,

alien ................................................. 221 2 601fee ............................................... 221 2 601

elk ................................................... 221 1 600fee ............................................... 221 1 600

gam e farm er's ........................................ 221 14 607fee ............................................... 221 14 607

hun ting .............................................. 221 1 601fee ............................................... 221 1 601

trapper's .............................. ............... 221 4 601fee ............................................... 221 4 601

Migratory game birds-closed season...................... 221 11 605Moose, closed season...................................... 221 6 602

penalty for violation.................................. 221 6 602Mountain goat, closed season.............................. 221 6 602

penalty for violation.................................. 221 6 602Mountain sheep, closed season............................. 221 6 602

penalty for violation.................................. 221 6 602Possession lawful, if lawfully taken ....................... .221 15 608Predatory bear, lawful to kill............................. .221 5 602Rabbits, closed season..................................... 221 5 602Skin, possession lawful, if lawfully taken .................. 221 15 608Squirrel, closed season.................................... 221 5 602Steelhead trout, classified.................................. 137 1 155Trapper's license, fee...................................... 221 4 601Waste, prohibited...........................................221 113 606

GAME FISH (see GAME AND GAME FISH).

GAS TAX:Distribution................................................588 5 162Highways with revenues from ........................... 88 3 161

88 4 161Payment................. ................................. 88 5 162

GOVERNOR (see, also, GOVERNORS' PORTRAITS):Crimes, persons convicted,

civil rights restored ..................................... 26 2 25paroled.................................................26 1 25

Deed to John W. Murray from state ......................... 170 1 454Parole of persons convicted of crime ........................ 26 1 25

GOVERNORS' PORTRAITS:State capitol committee to procure ......................... 217 1 595

(744)

HIGHWAYS.

GROWING CROPS: Ch. Sec. PageChattel mortgages on, authorized.......................... 156 1 406

GUN:Unlawful to fire in portions of Kitsap county .............. 76 2 129

HATCHERY (see under FOOD AND SHELL FISH).

HIGHWAYS (see, also, MOTOR VEHICLES):Acts relating to, repealed.... 32 1 31Appropriations (see, also, Re-appropriations, this subject).

Asotin south, location, survey and construction........ 231 1 680Blaine, Lake Samish road in Skagit and Whatcom coun-

ties ................................... .............. 231 1 682Cascade wagon road-Marblemount east, construction 231 1 680cities and towns, streets............................... 231 1 681city of Blaine (see Blaine, this subject).city of Everett (see Everett, this subject).city of Ilwaco (see Ilwaco, this subject).city of Olympia (see Olympia, this subject).Des Chutes waterway-Olympia,

shear booms and dolphins, construction and main-tenance ........................................ 231 1 682

director of highways, operations...................... 228 3 645district offices, operations and capital outlays...... 231 1 681report to legislature, expenditures................. 231 2 683

district offices,operations and capital outlays..................... 231 1 681

em ergencies .......................................... 231 1 681Everett,

Broadway south ................................... 231 1 682city limits, Broadway south....................... 231 1 682

highways, director ofdistrict offices, operations and capital outlays...... 231 1 681emergencies ....................................... 231 1 681

Ilwaco-junction S. R. No. 12 to North Head militaryreservation, improvement ......................... 231 1 682

Inland Empire highway, eastern division,Rosalia-Idaho state line,

betterment and reconstruction....... .......... 231 1 673bridge between College and No. 3 .............. 231 1 673oiling ........................................ 231 1 673Pullman-Idaho state line, construction......... 231 1 673

Kennewick-Pasco bridge, purchase or condemnation... 231 1 683Lake Samish road in Skagit and Whatcom counties.... 231 1 682Lake Union bridge (see, also, under Re-appropriations,

this subject), right of way, engineering and con-struction ........................................... 231 1 681

Marcus-Northport, extension S. R. No. 22, construction. 231 1 680Methow valley highway,

Winthrop to Twisp................................ 231 1 680betterment and reconstruction..................... 231 1 680

North Head military reservation, S. R. No. 12, nearIlwaco, improvement ............................... 231 1 682

Olympia-Des Chutes waterway,construction and maintenance, dolphins and shear

booms .......................... ............... 231 1 682Pacific highway (see, also, Pacific highway (old), this

subject).Lake Union bridge-right of way, engineering and

construction ................................... 231 1 681Tacoma-Edison avenue and Puyallup avenue, con-struction and improvement....................... 231 1 682

(745)

HIGHWAYS.

HIGHWAYS-CONTINUED:Appropriations,

Pacific highway (old), Ch. Sec. PageTacoma city limits to King county line, reconstruc-

tion and repair.................................. 231 1 682valley road, Tacoma limits tb King county line,

construction and repair.......................... 231 1 682Queets-Bridge, Harlow crossing..................... 231 1 682road signs, maintenance and construction ............ 231 1 681Seattle, city of-Lake Union bridge,

right of way, engineering and construction......... 231 1 681Soap lake via Grand coulee,

State Road No. 7 to State Road No. 2 .............. 231 1 680State Road No. 1,

Bellingham-Austin Pass,Bellingham-Warnick, location engineering.... 231 1 670betterment and reconstruction ................. .231 1 671oiling ........................................ 231 1 671Summit-end of grade, 1% mi. so., construction. 231 1 670Warnick-Glacier, construction ................. 231 1 670

Blanchard north, cooperation city of Bellingham.paving ......................................... 231 1 669

Blanchard overhead bridge and approach .......... 231 1 669Dakota creek-Blaine, construction................. 231 1 669Everett south, shoulder widening, construction.... 231 1 669King county line-Everett, location and right of way 231 1 669Marysville cut-off, bridge approaches.............. 231 1 669Marysville north, paving, widening................ 231 1 669miscellaneous location ............................. 231 1 669Seattle-B. C. line,

betterment and reconstruction................. 231 1 669oiling ........................................ 231 1 669

Seattle-Snohomish county line, paving............. 231 1 669Seattle-Vancouver,

East Marginal way, 20' pavement and widening 231 1 670Fort Lewis-Nisqually, construction, paving.. . . 231 1 670King county line-Tacoma, construction, paving 231 1 670La Center-Woodland, paving gaps............. 231 1 670Pierce county line-E. Marginal way, 20' pave-

ment ....................................... 231 1 670Pierce county line-Kent-Des Moines road,

shoulder widening ........................... 231 1 670Pioneer Curves, construction.................. 231 1 670Seattle-Vancouver bridge, betterment and re-

construction ............................... 231 1 670Vancouver bridge, betterment and reconstruc-

tion ....................... 231 1 670Vancouver-Salmon creek, grading, shoulders,

surfacing .................................. 231 1 670Snohomish river bridge approach, paving gaps..... 231 1 669waterfront road, paving, retaining wall............ 231 1 669

State Road No. 2,Bothell-Fall City,

betterment and reconstruction................. 231 1 671oiling ........................................ 231 1 671Redmond-Fall City, construction, paving....... 231 1 671

Seattle-Wenatchee,betterment and reconstruction................. 231 1 671Cashmere undercrossing ....................... 231 1 671Columbia river bridge approach at Wenatchee 231 1 671Easton-Yakima river, construction............. 231 1 671Edgwick road to summit, slides, grading ...... 231 1 67?

(746)

HIGHWAYS.


State Road No. 2,Seattle-Wenatchee, Ch. Sec. Page

Fall City footbridge........................... 231 1 671Kachess river-Teanaway, construction......... 231 1 671Lake Keechelus vicinity, construction.......... 231 1 671North Bend east, paving ...................... 231 1 671North Bend-Edgwick road, location and engi-

neering .................................... 231 1 671oiling ........................................ 231 1 671Renton to Seattle, construction, location, engi-

neering, pavement ........................... 231 1 671Snoqualmie Falls bridge.. . . . .... ..... 231 1 671Snoqualmie pass-Kachess river, construction... 231 1 671

Soap lake via Grand coulee to S. R. No. 7.......... 231 1 680Wenatchee-Idaho state line,

betterment and reconstruction................. 231 1 672Davenport-Cottonwood creek, bridge, west. . . . 231 1 672Spokane west-Great Northern railway cross-

ing, paving ................................. 231 1 671Wenatchee east, heavy oiling and construction 231 1 671

State Road No. 3,Dodge-Colfax,

betterment and reconstruction................. 231 1 672Colfax south, oiling........................... 231 1 672

Inland Empire highway, eastern division,Rosalia-Idaho state line,

betterment and reconstruction............. 231 1 673bridge between College and No. 3......... 231 1 673oiling .................................... 231 1 673Pullman-Idaho state line, construction.... 231 1 673

Jet. State Road No. 2-Columbia river,betterment and reconstruction................. 231 1 672oiling ........................................ 231 1 672Prosser-end of pavement at Kennewick, sur-

facing .................... ...... ........... 231 1 672Sunnyside-Prosser, construction .............. 231 1 672Swauk creek-Ellensburg City Wells, construc-

tion ........ ........................ ....... 231 1 672Teanaway-Bristol, grading .................... 231 1 672Yakima river bridge at Prosser................ 231 1 672

Pasco-Walla Walla-Oregon state line,betterment and reconstruction ................. .231 1 672Touchet-Lowden, construction ................ 231 1 672Walla Walla west, paving..................... 231 1 672Wallula cut-off, construction.................. 231 1 672

Pullman-Colfax-Spokane,betterment and reconstruction ............... 231 1 673Colfax-Parvin road, grading and surfacing..... 231 1 672oiling ........................................ 231 1 673Spangle-Colfax, paving, grading and bridges... 231 1 673Spokane-Spangle, paving ..................... 231 1 672

Spokane-Laurier,betterment and reconstruction................. 231 1 673Dennison-Deer Park, construction.............. 231 1 673Kettle Falls to bridge, surfacing .............. 231 1 673oiling ........................................ 231 1 673

Walla Walla-Asotin,betterment and reconstruction................. 231 1 672oiling ........................................ 231 1 672Waitsburg bridge, location engineering........ 231 1 672

(747)

HIGHWAYS.


State Road No. 4-Tonasket-San Poil highway,Wilbur-Republic,

Cache creek-forest boundary, location and Ch. Sec. Pageright of w ay................................ 231 1 673

Columbia river-Cache creek, bridges and sur-facing ....................................... 231 1 673

Republic-Tonasket, betterment and recon-struction ................................... 231 1 673

State Road No. 5-National Park highway,Auburn-Tacoma,

betterment and reconstruction................. .231 1 674King county line, location and paving ........ 231 1 674Puyallup-Tacoma, right of way ................ 231 1 674Sumner-Puyallup, location and paving......... 231 1 674

Jet. S. R. No. 1-Cayuse pass-Elbe,Divide-West fork, engineering and construc-

tion ........................................ 231 1 674Kosmos-Randle, location and engineering...... 231 1 674Lewis county section, betterment and recon-

struction ................................... 231 1 674Mossy Rock-Nesike, location and engineering.. 231 1 674

Renton-Yakima,betterment and reconstruction ................ 231 1 674Chinook pass-Morse creek-Normile grade, con-

struction ................................... 231 1 673Crystal creek-Chinook pass, construction...... 231 1 673Morse creek-American River hotel, surfacing. . 231 1 673Oak Flats-Yakima, location and right of way.. 231 1 674oiling ........................................ 231 1 674

Tacoma-Rainier National Park,betterment and reconstruction................. 231 1 674Forest line-Park entrance, location and paving 231 1 674oiling ........................................ 231 1 674

State Road No. 6-Pend Oreille highway,Spokane-B. C. line,

betterment and reconstruction, and bridge overClark fork Columbia river................... 231 1 675

Ione-Metaline, surfacing ...................... 231 1 674McCloud creek bridge and revisions, construc-

struction .................................... 231 1 674oiling ........................................ 231 1 674Spokane county line-Diamond lake, right of

w ay, grading ............................... 231 1 674State Road No. 7-North Central highway,

Davenport-Vantage,betterment and reconstruction ................ 231 1 675Vantage-Burke, construction .................. 231 1 675

Ellensburg-Vantage,Kittitas-Rock canyon, right of way ............ 231 1 675oiling ......................................... 231 1 675

Soap lake via Grand coulee to S. R. No. 2 west ofCoulee ......................................... 231 1 680

State Road No. 8-North Bank highway,Maryhill-Buena,

betterment and reconstruction................. .231 1 676Goldendale-Summit, construction .............. 231 1 675Klickitat county-Simcoe ridge, surfacing...... 231 1 676Maryhill east, location and engineering ........ 231 1 675Toppenish-Simcoe ridge, construction .......... 231 1 675

(748)

HIGHWAYS.

HIGHWAYS--CONTINUED:Appropriations,

State Road No. 8-North Bank Highway,Vancouver-Maryhill, Ch. Sec. Page

betterment and reconstruction ................ 231 1 675Greer creek-Wind river, construction .......... 231 1 675Lacamas fill, location and paving .............. 231 1 675Maryhill west, construction .................... 231 1 675Nelson creek-Greer creek, construction ........ 231 1 675Snowden road-Lyle, construction .............. 231 1 675Stevenson-Nelson creek, construction and

bridge ...................................... 231 1 675Wind river-Cooks, location engineering ........ 231 1 675Wing creek-Cape Horn, bridges and walls..... 231 1 675Wing creek-Prindle, construction.............. 231 1 675

State Road No. 9-Olympic highway,Grand Mound-Elma,

betterment and reconstruction................. .231 1 677construction .................................. 231 1 677Elma east, location and right of way .......... 231 1 677paving ....................................... 231 1 677

Olympia-Port Angeles-Port Townsend,Agnew-Port Angeles, exceptions, paving....... 231 1 676betterment and reconstruction................. 231 1 676Clallam county line-end of pavement, construc-

tion ........................................ 231 1 676Dosewallips-Jackson cove, location and right of

way ........... 231 1 676Duckabush north, right of way................ 231 1 676Duckabush river bridges, location and engi-

neering .................................... 231 1 676Hidden Cove camp revision, right of way ...... 231 1 676Hoodsport south, construction................. 231 1 676Jackson's cove-Lake Hooker, right of way and

grading .................................... 231 1 676Jorsted creek crossing, location and right of

w ay ........................................ 231 1 676Lilliwaup north, location and right of way..... 231 1 676oiling ........................................ 231 1 676Port Townsend-Tyler street south, engineering

and paving .................................. 231 1 676Purdy creek-jet. S. R. No. 14, construction ..... 231 1 676Sunds creek north, construction................ 231 1 676

Perry creek-Hoh river,Aberdeen city limits west, construction ........ 231 1 677betterment and reconstruction................. 231 1 677Braden creek bridge........................... 231 1 677Cedar creek bridge, location and bridge ........ 231 1 677Harlow creek-Cedar creek, location and surfac-

ing ......................................... 231 1 677Hoh crossing bridge........................... 231 1 677Hoh river-Cedar creek, construction........... 231 1 677Kalalock creek bridge, location and bridge.... 231 1 677Montesano-Aberdeen, location and engineering 231 1 677Neilton-Lunch, location and engineering ....... 231 1 677Nolan creek bridge............................ 231 1 677oiling ......................................... 231 1 677

Port Angeles-Hoh river,Bear creek crossing, construction and bridges.. 231 1 676betterment and reconstruction................. 231 1 677Bogachiel river-Hoh river, construction........ 231 1 677Fairholm west, right of way.................. 231 1 676

(749)

HIGHWAYS.


State Road No. 9-Olympic highway,Port Angeles-Hoh river, Ci. Sec. Page

Hoh river crossing, location and bridges ....... 231 1 677oiling ........................................ 231 1 677Port Angeles-Elwha river, construction........ 231 1 676Sappho-Lake creek, location and engineering.. 231 1 676Snider's ranger station, east and west, location 231 1 676Sol Due river crossing, construction and bridges 231 1 677

State Road No. 10-Chelan-Okanogan highway,Okanogan county,

B. C. line-Chelan county line, betterment andreconstruction .............................. 231 1 678

Chelan county line north, oiling............... .231 1 678Methow river bridge approach and Pateros,

construction ................................ 231 1 678Methow river bridge, location and bridge...... 231 1 678Okanogan to 28th ave. north in Omak, paving. 231 1 677Pateros-Brewster Flats, location and engineer-

ing ........................................ 231 1 678Wenatchee-Okanogan county line,

betterment and reconstruction................. 231 1 678oiling ........................................ 231 1 678Orondo north, construction and surfacing...... 231 1 678

Wenatchee-Quincy,betterment and reconstruction................. .231 1 678oiling ........................................ 231 1 678Trinidad-Quincy, location and right of way.... 231 1 678

State Road No. 11-Central Washington highway,Pasco-jet. State Road No. 2,

betterment and reconstruction ................. .231 1 678Lind east, bridge and grade, construction...... 231 1 678oiling ........................................ 231 1 678

State Road No. 12,Chehalis-Astoria ferry landing,

Chehalis-W alville, paving ..................... 231 1 678Rock creek overcrossing ...................... 231 1 678South fork Willapa river, bridge, painting ..... 231 1 679Walville-Astoria ferry landing................ 231 1 678

Kelso-Johnson's Landing,betterment and reconstruction, location, engi-

neering, right of way, etc................... 231 1 679Brookfield to Megler, survey................... 231 1 679Cowlitz river bridge at Kelso, painting ........ 231 1 679

State Road No. 13-Willapa-Grays Harbor highway,Raymond-jct. S. R. No. 9,

Arctic north, right of way..................... 231 1 679Arctic-Pacific county line, surfacing ........... .231 1 679Arctic-Salmon creek, grading .................. 231 1 679betterment and reconstruction................. .231 1 679Elk Horn bridge, location and bridge ......... .231 1 679North river bridge, location and bridge ........ 231 1 679Raymond-Smith creek, location and surfacing. 231 1 679Salmon creek bridge, location and bridge...... 231 1 679Smith creek bridge, location and bridge...... 231 1 679Smith creek north, location and surfacing..... 231 1 679Smith creek road to quarry, construction..... 231 1 679Station 768, fill, culvert, grading .............. 231 1 679

(750)

HIGHWAYS.


State Road No. 14-Navy Yard highway, Ch.betterm ent ....................................... 231Burley-Pierce county line, construction........... 231oilin g ............................................ 231Port Orchard-South Colby-Manchester, construc-

tion ............................................ 231Tidewater creek-Bremerton, location and paving.. 231Tidewater creek-Port Orchard, location........... 231Union river-Tidewater creek, location and right of

way ............................................ 231

State Road No. 21,Silverdale-Keyport, construction ................. 231

State Road No. 22-Davenport-Kettle Falls,betterment and reconstruction.................... 231

Stevens Pass Highway,Leavenworth to jet. S. R. No. 1-Everett, construc-

tion and reconstruction ......................... .231Streets in cities and towns............................ 231Tacoma,

Pacific highway,Edison avenue and Puyallup avenue, construc-

tion and improvement...................... 231Pacific highway (old),

Valley road, construction and repair.......... 231Assessments for, against county lands, to be paid......... 193Cities closing ............................................ 214Closing .................................................. 214County (see also "Farm to Market" under Highways):

act relating to, repealed.............................. 45assessments for, against county lands, to be paid..... 193closing .... .......................................... 214"farm to market" (see that subject under Highways). 88overflow and inundation authorized .................... 154road districts ......................................... 189

County commissioners,classification ......................................... 88master plan .......................................... 88

Director of highways,report to legislature expenditures of highway appro-

priations ........................................... 231"Farm to m arket.......................................... 88

appropriations, from lateral highway fund............. .88class "A" counties,

lateral highway fund,bridges ...................................... 88

closing, authorized for construction ................... . 88violation ......................................... 88

condemnation proceedings authorized................. 88contracts,

b ids .............................................. 88bon d ............................................. 88form ............................................. 88paym ents ........................................ 88

ditches and drains, provision for...................... 88eminent domain proceedings .......................... 88excise tax for...................................... 88

88funds ................................................ 88

lateral highw ay .................................. 88

(751)

Sec. Page1 680

'1 6801 680

1 6801 6801 680

1 680

1 680

1 680

1 6801 681

682

682502585585

45502585159400497

159159

2 683159

17 171

7141412

131313131512

3455

163169169166

1661616616&170166161161162162

HIGHWAYS.

HIGHWAYS-CONTINUED:"Farm to Market,"

g as tax for ................................ ........

distribution .......................................expended only if budgeted........................paym en t .........................................

hearings on plan.....................................

Island counties,fu n ds for ........................................

lateral highways, defined.............................county engineer,

engineering w ork ................-...........plans and specifications.......................

highway engineer ................................plans and specifications ...........................standard of construction..........................

state highway engineer,plans and specifications.......................

lateral highway fund.................................appropriation ....................................estimate of receipts by state treasurer...........expenditures by cities in first class counties......island counties, to receive........................

map ..................................................permanent highway act, not affected by lateral high-

way act ...........................................state highways, defined ... ............... .........

state highway engineer,expenditures approved and directed by ...........

Gi. Sec. Page88 3 16188 4 16188 5 16288 7 16388 5 f6288 2 160

88 16 17088 1 159

88 9 16588 10 16588 10 16588 10 16588 8 164

88 11 16588 5 16288 17 17188 6 16388 5 16288 16 17088 1 159

88 18 17188 1 159

8888

Federal aid projects,appropriations for ................................... 146revolving fund ........................................ 146

Island county,appropriation ........................................ 57

Lateral highways, defined................................... 88M a ps .....................................................

Motor vehicle fund,appropriations,

federal aid projects..............................Motor vehicles (see also Motor Vehicles): .

injuries by .............. :...........................Overflow and inundation...................................

authority granted .....................................bond, surety, required................................condem nation action ...................................new highway to be provided ..........................

Pacific,tim ber bordering ....................................

Permanent highway fund,appropriations,

counties ..........................................

Permanent highways,appropriation for counties............................counties, appropriations for...........................fund, appropriation ...................................

88

146

180154154154154154

215

57

22

162163

370370

1 511 1591 159

2 370

7 4681 4001 4001 4001 4001 400

1 586

147 1 371

147147147

111

371371371

(752)

HIGHWAYS.

HIGHWAYS-CONTINUED:Permanent highways,

improvement, Ch. Sec. Pageb ids ............................................. 188 1 492contracts ......................................... 188 1 492

bonds ........................................ 188 1 492county commissioners, to let................... 188 1 492form ......................................... 188 1 492paym ent ..................................... 188 1 492

county commissioners,-duties ........................................ 188 1 492

funds,payments ..................................... 188 1 492

payments ......................................... 188 1 492funds ........................................ 188 1 492general road and bridge fund................ 188 1 492

plans and specifications .......................... 188 1 492state auditor,

warrants ..................................... 188 1 492warrants for payment............................ 188 1 492

island counties,appropriation ..................................... 147 1 371

overflow and inundation, authorized .................. 154 1 400Public,

acts relating to, repealed............................j 46 1 4550 1 47

defined ............................................... 180 1 455Re-appropriations,

Asotin south, construction............................. 225 1 622Cascade wagon road.................................. 225 1 622Everett city limits, Broadway street south ............ 225 1 622Ilwaco,

State Road No. 12,North Head military reservation .............. 225 1 622

island counties ...................................... 152 1 398Mount Vernon,

Great Northern viaduct........................... 225 1 621

Pacific highway,Mt. Vernon-Great Northern viaduct............... .225 1 621

Tacoma,Edison avenue and Puyallup avenue connection 225 1 621

Seattle,Lake Union bridge............................ 225 1 622

permanent highway fund.............................. 152 1 398Island counties .................................. 152 1 398

Seattle,Lake Union bridge............................... 225 1 622

State Road No. 1,

Bellingham-Austin Pass,bridges, betterment and reconstruction ....... 225 1 619

Seattle-Blaine,Ferndale-Dakota creek, construction .......... 225 1 619location and right of way.................... 225 1 619Seattle north, construction .................... 225 1 619

Seattle-Vancouver,Camp Lewis-Nisqually, construction........... .225 1 619Seattle-Pierce county line, construction. ...... 225 1 619Seattle-Vancouver, location and right of way. 225 1 619

(753)

HIGHWAYS.

HIGHWAYS-CONTINUED:Re-appropriations,

State Road No. 2,Bothell-Fall City, Ch. Sec. Page

grading and surfacing........................ 225 1 619

Seattle-Wenatchee,Cle Elum river bridge, construction.. ........ 225 1 619Cle Elum-Swauk creek, construction.......... 225 1 619Easton-Cle Elum, construction................ 225 1 619location and right of way.................... 225 1 619Renton-Seattle, construction.................. 225 1 619Snoqualmie-North Bend, construction......... 225 1 619Snoqualmie Pass-Easton, construction........ 225 1 619Tanner-Snoqualmie Pass, construction........ 225 1 619Wenatchee river bridge, construction......... 225 1 619

Wenatchee-Idaho state line,Creston-Rocklyn, construction ................. 225 1 619end of pavement to junction state road No. 7,

construction ............................... 225 1 619Wenatchee-Orondo, construction ............. 225 1 619

State Road No. 3,Junction State Road No. 2 to Columbia river at

Pasco,Grandview-Columbia river bridge at Pasco,

grading, surfacing and paving, Kennewickto Columbia river bridge ................... .225 1 619

junction State Road No. 2 to Columbia river atPasco, location and right of way ........... .225 1 619

location and right of way.................... 225 1 619Teanaway to Ellensburg, construction ........ 225 1 619

Pasco-Walla Walla-Oregon state line,location and right of way.................... 225 1 620

Pullman-Colfax-Spokane,Rosalia-Spokane, reconstruction, paving, loca-

tion and right of way...................... 225 1 620

Spokane-Laurier,Kettle Falls bridge, construction.............. 225 1 620

Walla Walla-Asotin,location and right of way.................... 225 1 620

State Road No. 4,Columbia River-Republic,

construction, location and right of way...... 225 1 620

State Road No. 5,Auburn-Tacoma,

location and right of way............:....... 225 1 620Lewis county,

Elbe-Morton, construction ................... 225 1 620Renton-Yakima,

American river-Summit, construction andbridges .................................... 225 1 620

location and right of way .................... 225 1 620Silver creek east, construction and bridges.... 225 1 620

Tacoma to junction of Roy road,paving and widening......................... 225 1 622

State Road No. 7,Davenport-Vantage,

location and right of way.................... 225 1 620Vantage hill bridge approach................ 225 1 620

Vantage-Ellensburg,location and right of way .................... 225 1 620

(754)

HIGHWAYS.

HIGHWAYS-CONTINUED:Re-appropriation,

State Road No. 8,Maryhill-Buena, Ch. Sec. Page

Toppenish south, construction................ 225 1 620Vancouver-Maryhill,

Cape Horn, construction...................... 225 1 620Rands-Stevenson, construction ................ 225 1 620Stevenson-Nelson creek and Greer creek-Wind

river - Stevenson - Wind river bridge, con-struction .................................. 225 1 620

Washougal-Prindle, construction ............. .225 1 620Woodard creek-Greenleaf, construction ....... 225 1 620

State Road No. 9,Olympia-Port Angeles-Aberdeen-Olympia,

Forest project-Hoh, grading .................. 225 1 621Hoh-Harlow creek, grading................... 225 1 621Hoh-Queets, bridges ......................... 225 1 621

State Road No. 10,Chelan-Howard Flats, construction............... .225 1 621Orondo north, construction....................... .225 1 621

State Road No. 11,Lind east, bridge and approach construction...... 225 1 621Pasco-State Road No. 2, right of way............. 225 1 621

State Road No. 12,Chehalis-Astoria ferry,

Adna-Y bridge, construction .................. 225 1 621Mays crossing-Pluvius, construction ........... 225 1 621Y-bridge-Mays crossing ...................... 225 1 621

Ilwaco to North Head military reservation......... 225 1 622Kelso-Cathlamet,

location, right of way, betterment and con-struction ................................... 225 1 621

State Road No. 13,Grays Harbor to Willapa Harbor, construction.... 225 1 621

State Road No. 14,Port Orchard-Harper, construction .... 225 1 621

State Road No. 22,Hunters-Cedonia, construction .................... 225 1 621

State Road No. 22-Extension,Meyers Falls via Marcus to Northport............ 225 1 621

Tacoma,Edison avenue and Puyallup avenue, connection.. 225 1 621State Road No. 5,

Roy road junction, paving and widening...... 225 1 622San Jaun county,

appropriation ........................................ 57 1 51State, defined ............................................ 180 1 455

abandoned right of way, deed to John W. Murray..... 179 1 454contracts, signed by governor and director of highways 115 3 247federal aid projects................................... 146 1 370

appropriations for ............................... 146 2 370revolving fund .................................. 146 2 370

motor vehicle fund.................... 146 1 370appropriations for federal aid projects............. 146 2 370

No. 21, to Keyport.................................... 116 1 248overflow and inundation authorized................... 154 1 400Pacific- timber bordering ............................ 215 1 586primary,

Columbia basin .................................. 171 1 432Keyport-No. 21 .................................. 116 1 248No. 21 to Keyport................................ 116 1 248State Road No. 11................................ 171 1 432

(755)

HIGHWAYS.

HIGHWAYS-CONTINUED: cit. Sec. PageState highways (see also "Farm to Market," under High-

ways), defined ......................................... 88 1 159Townships-closing ...................................... 214 1 585University of Washington, grounds....................... 66 1 83

HOPS:

Statutes repealed ........................................ 9 1 10

HORTICULTURE:

Apples,condem ned ........................................... 150 1 377

By-products,condemned products used for......................... 150 1 377

Grades, marked on packages.............................. 175 1 436Inspection,

prem ises- infected ................................... 150 1 377disinfected ....................................... 150 1 377

property- condemned ................................ 150 1 377destroyed ........................................ 150 1 377disinfected ....................................... 150 1 377

M arks on packages....................................... 175 1 436

Nursery stock,condem ned ........................................... 150 1 377

destruction ........................................ 150 1 377infected- condemned ................................. 150 1 377

disinfected ....................................... 150 1 377premises-disinfected .................................. 150 1 377

Products,by-products of, when condemned..................... 150 1 377grades ............................................... 175 1 436infected-condemned ................................. 150 1 377packages- m arks .................................... 175 1 436sale- packages to be marked.......................... 175 1 436

Rules and regulations,packages, marked according to....................... 175 1 436

HOTELS AND INNS:Act, invalidity of part not to affect balance................ 216 7 595Baggage,

liability for loss...................................... 216 3 589lien for charges...................................... 216 4 591sale for charges...................................... 216 5 593stored ................................................ 216 3 589

Boarding house,guest, defined ........................................ 216 4 591lien for charges...................................... 216 4 591

Deposits for safe keeping, liability for loss............... .216 2 587Fraud, in obtaining food, money, credit or lodging ........ 216 6 594

penalty ............................................... 216 6 594prim a facie evidence.................................. 216 6 594

Gross negligence, liability for ...... ..................... .. 216 3 589G uest, defined ............................................ 216 4 591

fraud in obtaining food, money, credit or lodging.... 216 6 594penalty ........................................... 216 6 594prim a facie evidence............................. 216 6 594

H otel, defined ........................................... 216 1 587Liability for loss of property, schedule .................... 216 3 589Lien for charges.......................................... 216 4 591

sale of property........................................ 216 5 593Lodging house, included in definition-of "hotel.............. 216 1 587

(756)

INHERITANCE TAX.

HOTELS AND INNS-CONTINUED: Ch. Sec.Personal property, liability for loss...................... 216 3

lien for charges....................................... 216 4sale for charges...................................... 216 5stored ................................................ 216 3

Register,failure, effect of, in sale of property of guest .......... 216 5

Safe provided for valuables,liability for loss limited.............................. 216 2

Sample cases,lien for charges...................................... 216 4sale for charges...................................... 216 5

HOUSE OF REPRESENTATIVES:Members,

portraits to be reframed.............................. 217 2

IDIOTS (see also INSANE):Acts relating to, repealed................................ 30 1

ILWACO:T ide lands ............................................... 222 1

re-platting .......................................... 222 1appropriation .................................... 222 2

INAUGURATION:Elective state officers-broadcasting proceedings ........... 3 1

INDUSTRIAL INSURANCE(see WORKMEN'S COMPENSATION).

INDUSTRIAL LOAN COMPANIES:Banking supervisor to collect fees ........................ 71 1Examination by supervisor of banking.................... 73 1

fees for ............................................. 73 1Fees, schedule, collected from ............................ 71 1

INHERITANCE TAX:Act, applies to pending cases........................... .. 205 7

205 8Act, construction of...................................... 202 3

unconstitutional in part, balance not affected .......... 202 4Adjudication, where no probate proceedings .............. 205 4Adjustment, without probate proceedings................. .205 4A ppraisal ................................................ 205 3

appeals to supreme court............................ 205 3exceptions ........................................... 205 3hearing on, in superior court......................... 205 3

Appraisers,appointed by court .................................. 205 3recommended by supervisor.......................... 205 3

Compromise by state department......................... .205 4Determination,

probate proceedings not had.......................... 205 4without probate proceedings ........................ 205 4

Estates in expectancy..................................... 205 2Exemptions,

federal war risk insurance proceeds.................. 135 2life insurance proceeds..... ........................ 135 1

Fraudulent acts in connection with-gross misdemeanor.. 205 6Gifts, made within two years of death presumed to have

been made in contemplation of death................... 205 5Non-residents *-.......................................... 202 1Other states, payment of tax in, credit allowed ........... 202 2Paid in other states, credit allowed....................... 202 2

(757)

Page589591593589

593

587

591593

595

29

610610610

0

92102102

92

533533517517531531530530530530

530530531

531531529

353352533

532516516516

INHERITANCE TAX.

INHERITANCE TAX-CONTINUED: Oh. Sec. PagePayment, in other states, credit allowed.................. 202 2 516Penalties ................................................ 205 6 533Personal property-non-residents ........................ 202 1 51fProbate proceedings,

not necessary to determination of amount of tax...... 205 4 531omitted, tax may be determined by petition to court. . 205 4 531

Property-transferred within two years of death, subjectto tax ................................................. 205 5 532

Rate ........ 205 1 527estates in expectancy................................ 205 2 529schedule ............................................. 205 1 527trust estates ................... 205 2 529

Reciprocal provisions with other states................... 202 1 516Transfers of property within two years of death by gift.. 205 5 532Trust estates ............................................ 205 2 529

INITIATIVE AND REFERENDUM:Arguments, pro and con, filed with secretary of state..... 130 1 320

cost of printing, etc.................................. 130 1 32CP etitions ................................................ 130 1 32C

INNS (see HOTELS AND INNS).

INSANE (see also IDIOTS):Acts relating to, repealed................................ 30 1 29Criminal-acts relating to, repealed...................... 24 1 20

INSURANCE:Accident and health,

application ........................................... 124 5 294alteration, not to be made........................ 124 5 294

agent making ............................... 124 5 294m isdem eanor ................................ 124 5 294

false statements, not to bar recovery............ 124 5 294statem ents in, false.............................. 124 5 294

associations, insurance, not affected by................ 124 7 295claims-investigation of, not waiver of rights of in-

sured .............................................. 124 5 294endowment insurance, not affected by ................ 124 8 296false statements in application, not to bar recovery... 124 5 294fire department, group insurance not affected by..... 124 7 295group insurance, not affected by...................... 124 7 295life insurance, not affected by........................ 124 8 296municipal corporations, blanket policy, not affected by 124 7 295

policy,conditions ....................................... 124 2 284construed according to provisions of law......... .124 6 295contradictory to standard provisions, forbidden.... 124 4 294contrary to provisions of law, valid .............. 124 6 295

governed by provisions of law ................ 124 6 295contrary to standard provisions, forbidden........ 124 4 294disapproved by commissioner..................... 124 1 283

courts to review action....................... 124 1 283filed with insurance commissioner ................ 124 1 283form ............................................. 124 3 284

contents ..................................... 124 3 284form to be approved by commissioner............ 124 1 283issuance forbidden if provisions contrary to

standard provisions ............................ 124 4 294provisions,

forbidden .................................... 124 6 294valid ........................................ 124 6 295

(758)

INTOXICATING LIQUORS.

INSURANCE-CONTINUED:Accident and health,

policy,restrictions on contents...........................standard provisions ..............................terms ............................................transportation ticket, provisions may be omitted..type .............................................valid, though containing provisions contrary to law

proofs, acceptance of, not waiver of rights of insured.supplemental contracts of life and endowment insur-

ance, not affected..................................approval of commissioner required ...............

transportation ticket policies, provisions omitted.....waiver of rights of insured..........................workmen's compensation insurance, not affected by..

Agents,non-resident .........................................

licen se ..........................................fee ..........................................

residen t .............................................Health (see Accident and Health, this subject).Life,

agents,non-resident .....................................

licen se .......................................fee ............ .. ............ ............

rep ort .......................................residen t .........................................

exempt from inheritance tax ..........................group,

defined ..........................................em ployees ...................... ................em ployers .......................................labor union m em bers..............................prem ium .........................................

Non-resident agents ......................................Placed through resident agents only......................Special non-resident agents...............................Taxation,

all com panies ........................................fire com panies .......................................life com panies .......................................marine companies, defined............................

definitions,"m arine business" . ..........................."marine companies" .........................m arine risks" . ...............................

date of payment..................................marine business, defined..........................m arine risks, defined.............................m ethod of calculation............................"underwriting profit" defined.....................

reports, required ....................................sch edule .............................................

War risk-exemption from inheritance tax ................

INTOXICATING LIQUORS:Habitual drunkards,

acts relating to, repealed.............................Minors-sale to, felony...................................Sale to minor, felony .. ................................

(759)

Ch. Sec. Page124 2 284124 3 284124 2 284124 9 297124 2 284124 6 295124 5 294

124 8 296124 8 296124 9 297124 5 294124 7 297

128128128128

128128128128128135

129129129129129128128128

226226226226

226226226226226226226226226226135

31200200

317317317317

317317317311317352

319319319319319317317317

623623623623

623623623623623623623623623623353

30514514

IRRIGATION.

IRRIGATION (see, also, IRRIGATION DISTRICTS; WATERAND WATER COURSES): Ch. Sec. Page

Federal projects-contracts for construction.............. 95 1 183Secretary of interior lets contract for...................... 95 1 183

IRRIGATION DISTRICTS (see also IRRIGATION; WATERAND WATER COURSES):

Assessments,bond payments provided by...........................185 1 478book . ................................................ 181 1 469delinquency list ....................................... 181 2 472

notice ........................................... 181 2 472delinquent .......................................... 5 181 1 469

t181 2 472cancelled ........................................ 121 5 268sales .......................................... 181 2 472

t181 3 473redem ption .................................... 185 3 483

due ................................................... 181 1 469expenses provided for with............................185 4 485interest ............................................. 181 1 469levy to pay bonds and operation and maintenance costs 185 1 478local impovement assessments, payment provided for.. 185 1 478notice of, published....................................181 1 469paym ent .............................................. 181 1 489penalty ............................................... 181 1 469rem ittance ............................................ 181 1 469roll ... ............................................... 181 1 469

equalization ..................................... 185 4 485tolls and charges added...........................185 4 485

sale of property.................................... 181 2 472t181 3 473

notice of .......................................... 181 2 472posting ....................................... 181 2 472publication .................................. 181 2 472

time and place .................................... 181 2 472statem ent ............................................ 181 1 469to pay expenses....................................... 185 4 485

Board of directors,assessments-levy...................................185 1 478levy assessments....................................185 1 478

Bonds (see Refunding, infra, this subject),exchange, when owned by state.......................121 2 266

1121 3 267issue entirely owned by state, exchanged for refunding

bonds ................................................ 121 2 266issue, partially owned by state, exchanged for refund-

ing bonds .......................................... 121 3 267proceeds to pay for improvements....................185 4 485refunding, authorized..................................120 1 254

act,constitutionality...............................120 39 265independent of other acts.......................120 39 265not to modify, abridge or enlarge other acts... 120 40 265saved from unconstitutional provisions ........ 120 39 265

appeals to supreme court authorized................120 11 258assessm ents ...................................... 120 31 263

lim ited ........................................ 120 31 263120 33 263

bondholder, payment to agent......................120 30 262contents........................................... 120 23 261

(760)


IRRIGATION DISTRICTS-CONTINUED:Bonds,

refunding, Ch. Sec. Pagecourt proceedings optional ........................ 120 2 254

appeals to supreme court .................... .. 120 11 258approval ..................................... 120 28 265confirm ation .................................. 120 38 265considered .................................... 120 38 265hearing ....................................... 120 8 256

date fixed ................................ 120 5 255decree .................................... 120 8 256notice .................................... 120 6 256

contents .............................. 120 7 256judgment, conclusive ....................... 120 11 258

120 12 259transcript filed in other counties .......... 120 14 259

petition, contents ............................. 120 3 254denominations .................................... 120 20 260

election, provided ............................. 120 15 259notice, and conduct............................ 120 16 250

contents .................................. 120 17 260results ....................................... 120 18 260

exchanged for other bonds......................... 120 19 260fund ............................................. 120 36 264

apportionm ent ................................ 120 36 264irrigable acreage, determined by court............. 120 10 258installm ents ...................................... 120 21 261

paym ent ...................................... 120 29 262interest, payable .............................. . .120 21 261

120 20 262lands acquired from, sale for delinquent assess-

m ents ........................................... 120 35 264proceeds ...................................... 120 35 264sale or rental................................. 120 35 264

lien .............................................. 120 37 264extinguished ................................. 120 37 264

m aturity ......................................... 120 20 260maximum benefits, schedule........................ 120 4 255

assessments limited to. ........................ 120 31 263determination by court........................ 120 9 257paid in m oney only............................ 120 34 263paym ent in full............................... 120 32 263

receipt issued ............................ 120 13 261payable, where ................................... 120 22 261

120 20 260payment ......................................... 120 29 262

t 120 37 264agents for .................................... 120 30 262w here ........................................ 120 22 261

priority .......................................... 120 28 262registration .................................... 5 120 24 261

120 25 262transfer .. ....................................... 120 26 262

120 27 262tax levy for payment.................................. 185 1 478

Claims-presentation and allowance ........................ 185 3 483

County treasurer,ex-officlo district treasurer ............................. 185 3 481funds, to be kept by .................................... 185 3 483to act as district treasurer ............................ 185 2 482

Deed for property sold .................................... 185 2 482

(761)


IRRIGATION DISTRICTS-CONTINUED:Delinquent assessments, Ch. Sec. Page

sale of property, deed................................. 185 2 482redemption ........................................ 185 2 482

Foreclosure of delinquent assessments,sale of property, redemption........................... 185 2 482

Funds,bond ................................................. 185 1 478county treasurer to keep............................... 185 3 483coupon w arrant ...................................... 185 1 478contract .............................................. 185 1 478expense .............................................. 185 1. 478investm ent ........................................... 185 1 478surplus .............................................. 185 1 478

Improvements-bond sales to pay for....................... 185 4 485Indebtedness to state-compromise authorized............. .121 4 267

Lands,exempt from general taxes............................ 185 1 478local improvement assessments, levy to pay ............ 185 1 478tax exem pt ........................................... 185 1 478

Local improvement assessments-tax levy for payment.. 185 1 478

Obligations-cannot be met,assessments may be cancelled......................... 121 5 268taxes may be cancelled................................ 121 5 268

Property-acquired from proceeds of bond sales............ 185 4 485Redemption-property sold for delinquent assessment.... . 185 2 482State indebtedness with, may be compromised.............. 121 4 267Tax levy for various funds................................ 185 1 478Taxation-levy ................. ........ 185 1 478Taxes, delinquent-may be cancelled....................... 121 5 268Tolls-expenses paid by.................................... 185 4 485Treasurer,

county, to act as district treasurer.................... 185 3 483duties ................................................ 185 3 483

Warrants, payments ....................................... 185 3 483Works, cash provided for.................................. 185 4 485

ISLAND COUNTIES:Appropriations,

highw ays ............................................ 57 1 51permanent highway fund.............................. 147 1 371

Highways,appropiiation ........................................ 57 1 51"farm to market" monies............................. 88 16 170permanent,

appropriation .................................... 147 1 371re-appropriation ..................................... 152 1 398

Re-appropriation for highways ............................ 152 1 398

"JITNEY" BONDS:A ction upon .............................................. 27 1 27

JUDGMENTS (see, also, JUDGMENTS, and EXECUTION,under COURTS):

Collection of ............................................. 25 1 21Enforcem ent of .......................................... 25 1 21Execution on .............................................. 25 1 21

within six years...................................... 25 2 21

JUVENILE COURTS:Constituted .............................................. 176 1 437Court commissioner, to act as judge....................... 176 1 437

(762)

LUMBERING ROADS.

JUVENILE COURTS-CONTINUED: Ch. Sec. PageJudge of .................................................. 176 1 437Sessions .................................................. 176 1 437Superior courts, to act as.................................. 176 1 437Trials, by jury............................................ 176 1 437

JUSTICE COURTS:Actions,

attorney's fee allowed defendant ...................... 75 2 127commenced in wrong precinct.......................... 75 2 127

dism issal, effect ................................... 75 2 127fees, disposal ................................. 75 3 127

jurisdiction .......................................... 75 4 128venue ................................................ 75 1 127

Appeals, authorized ...................................... 58 1 52allow ed by justice..................................... 58 3 53bond required ........................................ 58 2 52dismissal, not for defective bond ...................... 58 7 54execution property released............................. 58 4 53notice served and filed................................. 58 2 52proceedings suspended before justice.................. 58 3 53stay of proceedings, bond required.................... 58 2 52superior court, jurisdiction and proceedings............ 58 5 53

Judgment .......................................... 58 8 54

transcript,filed in superior court............................. 58 5 53superior court may require preparation ............ 58 6 53

Bond as security for costs of non-resident plaintiffs ........ 102 2 201Costs-security from non-resident plaintiff............... 102 1 200

102 2 201Garnishments--acts relating to repealed................... .53 1 49Jurisdiction ............................................... 75 4 128Security for costs required of non-resident plaintiffs..... 102 1 200

102 2 201

LAWS (see PIERCE'S CODE).

LEGAL PUBLICATIONS, statute repealed...................... 10 1 11

LEGISLATURE:Districts-acts relating to repealed........................ 22 1 19Members-portraits to be reframed........................ 217 2 595Sessions-joint, broadcasting ............................. 3 1 6

LIBRARIES (see TRAVELING LIBRARY).

LIENS:Material and labor on real property ........................ 230 1 667Real property ............................................ 230 1 667

streets adjoining ...................................... 230 1 667

LATERAL HIGHWAY FUND-established..................... 88 5 162

LIQUID FUEL:88 3 161

Additional cent for "lateral highway fund"................ . 88 4 16188 5 162

LOCAL IMPROVEMENTS (see under MUNICIPAL CORPORA-TIONS).

LODGING HOUSES (see HOTELS AND INNS).

LOGGING ROADS, acts relating to, repealed................... 51 1 48

LUMBERING ROADS, acts relating to, repealed................ 51 1 48

(763)

MACHINES.

MACHINES: Ch. Sec. PageCoin-slot operated ......................................... 184 1 477Slugs for operation ........................................ 184 2 477

MARRIAGES, acts relating to, repealed........................ 23 1 20

METROPOLITAN PARK DISTRICTS (see under PARKS ANDPARKWAY S).

MILK (see DAIRYING AND DAIRY PRODUCTS).

MILITIA:Military fund,

act levying tax for, repealed................. ... .. 118 1 251appropriations for 1929 paid out of general fund ...... 118 3 251monies transferred to general fund.................... 118 2 251

Tax levy for military fund, repealed....................... 118 1 251

MINORS, liquors sold to is felony ............................... 200 1 514

MORTGAGES (see REAL ESTATE MORTGAGES; CHATTELMORTGAGES).

MOTOR VEHICLE FUND (see that subject under MOTOR VEHICLES).

MOTOR VEHICLES (see, also, AUTO TRANSPORTATIONCOMPANIES):

Arrests, injuries to highways................. ............. 180 7 468Axle, defined ............................................. 180 1 455

regulation of use.................................... 180 3 461180 4 462

Brakes,adequate for stopping................................. 180 5 464commission on equipment, approval required........... .180 6 467equipment, required .................................. 180 6 467stopping requirements ................................ 180 5 464

Business district, defined.................................. 180 1 455parking .............................................. 178 10 451

Chains, regulations for use................................ 180 5 464Cities,

first class, motor vehicle fund transfers................ 163 1 421fourth class, motor vehicle fund transfers .............. 163 1 421second class, motor vehicle fund transfers............. 163 1 421streets,

expenditures on ................................... 163 1 421state highway engineer to determine .............. 163 1 421

third class, motor vehicle fund transfers............. . .163 1 421Commission on equipment,

brakes ............................................... 180 6 467complaints, against headlights ....................... .178 6 445headlight control device, reflector and lens, approval

required ............................................ 178 6 445signal devices for approval............................ 178 1 440

Convictions for violation, penalties........................ 180 5 464Counties, motor vehicle fund transfers..................... 163 1 421Dealer's licenses ........................................... 100 1 498Defined .................................................. 180 1 455Definitions,

auxiliary driving light................................ 178 5 444axle .................................................. 180 1 455business district ...................................... 180 1 455director of traffic...................................... 180 1 455fog light ............................................. 178 9 450headlight ............................................ 178 3 442hollow-center cushion tires ............................. 180 1 455

(764)

MOTOR VEHICLES.

MOTOR VEHICLES-CONTINUED:Definitions, Ch. See. Page

intersection ........................................... 180 1 455local authorities ....................................... 180 1 455m etal tires ........................................... 180 1 455m otor truck .......................................... 180 455m otor vehicles ... ..................................... 180 1 455m otorcycle ........................................... 180 1 455owner .................................................. 180 1 455peace officer ........................................... 180 1 455person .................................................. 180 1 455pneum atic tires ...................................... 180 1 455private highway, road, street, way or driveway ........ 180 1 455public highw ay ....................................... 180 1 455residence district ..................................... 180 1 455semi-trailer ........................... ............... 180 1 455side light ............................................ 178 1 442six-wheel m otor trucks............................... 180 1 455solid rubber tires..................................... 180 1 455spotlight ............................................. 178 9 450state highw ays ....................................... 180 1 455trailer ................................................ 180 1 455v eh icle ............................................... 180 1 455w heel base ........................................... 180 1 455words ................................................ 180 1 455

Director of traffic, defined................................. 180 1 455Extensions of load, beyond rear or side, light and signal

requirements ........................................... 178 11 452First class cities, motor vehicle fund transfers............. .163 1 421Fourth class cities, motor vehicle fund transfers........... .163 1 421For hire,

actions for damages................................... .27 1 27speed limits .......................................... 180 2 458

178 2 442Headlights, requirements ............................... 178 3 442

178 4 441auxiliary driving light, requirements.................. 178 5 444control device, approval by commission required ...... 178 6 445defined ............................................... 178 3 442depressible beam headlight, requirements.......... .... 178 5 444lens, approval by commission required................. 178 6 44breflector, approval by commission required............. 178 6 445

Highways, injury to...................................... 180 7 48Hollow-center cushion tires, defined ....................... .180 1 455Injury to highways, prohibited..... ...................... 180 7 468Intersection, defined ....................................... 180 1 455Island counties, payments...... .......................... 163 1 421"Jitney" bond, action upon......... ...................... 27 1 27Lamps, sale with more than 32 candle-power, prohibited... 178 12 451Length and width, regulations for use ..................... .180 5 464

Licenses,county auditor,

destruction of applications, authorized ............ 153 1 399special deputy appointed.......................... 99 2 194

bond ......................................... 99 2 194dealers ............................................... 190 1 498destruction of records authorized...................... 153 1 399director of licenses, destruction of records, authorized. 153 1 199duplicate provided ................................... 99 6 198extra engine ........................ ................. 99 1 194

fee..................................................99 1 194

(765)

MOTOR VEHICLES.

MOTOR VEHICLES--CoNTINUED:Licenses, Ch. Sec. Page

non-residents, exempted .............................. 99 4 196registration required ............................. 99 4 196

penalty for operation without license.................. 99 5 197records,

auditors, may destroy............................. 153 1 399destruction of, when three years old............... .153 1 399

registration dates .................................... 80 1 134transfer .............................................. 99 3 195

fee ............................................... 99 3 195new license ...................................... 99 3 195

Lights,auxiliary driving ..................................... 178 5 444fog .................................................. 178 9 450h ead ................................................. 178 3 442side .................................................. 178 3 442spot .................................................. 178 9 450f180 2 458

Loads, regulation for.................................... 180 3 461180 4 462

Local authorities, defined.................................. 180 1 455M etal tires, defined........................................ 180 1 455Motor truck, defined....................................... 180 1 455

spot-light, requirements ............................... 178 9 450Motor vehicle fund, created................................ 163 1 421

disposition ........................................... 163 1 421Paym ents from ........................................... 163 1 421

transfers to cities and counties........................ 163 1 421Motorcycle, defined ....................................... 180 1 455Non-residents to register.................................. 99 4 196Owner, defined ........................................... 180 1 455

Parking,business or residence districts......................... 178 10 451lights, requirements ................................... 178 10 451

Passenger, for hire,speed lim its .......................................... 180 2 458

Peace officer, defined...................................... 180 1 455P enalties ................................................. 180 5 464Person, defined . .......................................... 180 1 455Pneumatic tires, defined .................................. 180 1 455"Private highway, road, street, way or driveway," defined.. 180 1 455Projections, over rear end................................. 178 11 452

light requirem ents ................................... 178 11 452red flag or cloth...................................... 178 11 452

Public highway, defined................................... 180 1 455Rate of speed, authorized.................................. 180 2 458

motor trucks .......................................... 180 2 458Rear lights, requirements................................. 178 7 448Registered for licenses.................................... 80 1 134

dates ................................................. 80 1 134Residence district, defined................................. 180 1 455Second class cities, motor vehicle fund transfers........... 163 1 421Semi-trailer, defined ....................................... 180 1 455Side-lights, requirements ................................ 178 3 442

long vehicles, requirements............................ 178 8 450Signals, required ......................................... 178 1 440

commission on equipment.............................. 178 1 440mechanical ............................................ 178 1 440stop, requirements ..................................... 178 1 440

(766)

MUNICIPAL CORPORATIONS.

MOTOR VEHICLES-CONTINUED: Ch. Sec. Page"Six-wheel motor trucks," defined......................... 180 1 455

regulation of use...................................... 180 4 4C2Solid-rubber tires, defined................................. .180 1 455Special permits, for weight and loads...................... 180 5 464Speed, limits ............................................. 180 2 458

motor trucks ......................................... 180 2 458Spot-light, defined ........................................ 178 9 450

requirem ents ......................................... 178 9 460Standing, lights, requirements............................. .178 10 451State highway engineer, duties............................. 163 1 421State highways, defined................................... 180 1 456Street, injury to........................................... 180 7 4 ATail-lights, requirem ents ................................. 178 7 448Third class cities, motor vehicle fund transfers ............ 163 1 421

180 2 454Tires, regulations for use............................... 180 3 4Gt

180 5 464Trailer, defined ........................................... 180 1 455

lights required ....................................... 178 7 448regulation for use..................................... 180 5 404

V ehicle, defined ........................................... 180 1 45f180 2 458W eight, regulation of use............................... 180 5 464

I180 7 468special classifications ................................. 180 5 464

perm its .......................................... 180 5 464f180 3 461W heel base, regulations for............................. 180 4 462

(180 5 464defined ............................................... 180 1 455

Width and length, regulations for use ..................... .180 5 464W ords, defined ........................................... 180 1 455

MUNICIPAL CORPORATIONS (see, also, PORT DISTRICTS):Bonds (see under First Class Cities, this subject).Canals for filling lowlands................................ 63 1 70Charter,

local improvement assessments for county lands, notaffected by ......................................... 119 1 358

Cities, funds, depositaries (see under Public Funds).Consolidation,

acts relating to, repealed.............................. 64 15 82commission form of government...................... 64 2 74councilmanic form of government..................... .64 2 74election .............................................. 64 2 74

abstract of results................................ 64 5 76canvass of returns................................ 64 5 76notice of ......................................... 64 2 74publication of notice.............................. 64 4 75

form ......................................... 64 4 75existing claims ....................................... 64 12 80

tax levy to pay.................................... 64 12 80first class cities..................................... 64 2 74

64 8 78form of government................................... 64 2 74fourth class cities................................... 64 2 74

64 8 78annexed to first class........................... 64 9 79

64 10 79election .......................................... 64 10 79indebtedness ..................................... 64 11 80title to property.................................. 64 11 80

(767)


MUNICIPAL CORPORATIONS-CONTINUED:Consolidation, C.

officers, elected ......................... ........ 64duties discharged .................................. 64

ordinances ........................................... 64petition signed by electors.................. ............ 64proceedings authorized ............................. 64taxation .......................................... ..... 64third class cities.................................... 64

64annexed to first class........................... 64

64election ................................... ... 64indebtedness ..................................... 64title to property.................................. 64

Counties, funds, depositaries (see under Public Funds).Firemen's relief and pension (see Firemen's Relief and

Pension).First class cities,

bonds,clerk, mayor and comptroller's signatures affixed

by agent or mechanical process............... 212t 212

comptroller, mayor and clerk's signatures affixedby agent or mechanical process............... 212

212coupons,

facsimile reproduction of signature............ 212mayor, clerk and comptroller's signatures affixed

by agent or mechanical process............... 212

212number designated ............................... 212

felony to print more........................... 212signatures of mayor, comptroller and clerk ........ 212

bonded person to affix......................... 212city council notified in writing................ 212deputies not necessary........................ 212liability of officer.............................. 212mechanical process used....................... 212method of affixing ............................ 212number of bonds designated................... 212

felony to print more...................... 212investment board, created............................. 192

authorized investments ........................... 192m ayor, chairm an ............................. 192

m eetings ......................................... 192street railways,

bonded indebtedness may be cancelled............. 196bonds, refunding, authorized...................... 145indebtedness, may be cancelled.................... 196refunding bonds, authorized....................... 145

Fourth class cities,indebtedness, excess of revenues, unlawful............ 61public utilities, bond indebtedness paid, funds trans-

ferred to current expense fund....................... 98streets, overflow and inundation authorized ............ 154taxation,

estimates annually ............................... 61hearings on levy.................................. 61levy annually ...................................... 61penalties for violation............................... 61

Funds, depositaries (see under Public Funds).

(768)

Sec. Page6 777 78

13 812 741 74

14 812 748 789 79

10 7910 7911 8011 80

1 5682 568

568568

570

568568570570568568568570569568568570570500501500501

1 5061 3681 5061 368

4 64

1 1931 400

1325

63646364


MUNICIPAL CORPORATIONS-CONTINUED: Ch. Sec. PageIndebtedness, acts relating to, repealed................... 14 1 13

. . 1 48 1 46Local Improvements,

actions, to cancel trust holding............. ........... 142 1 362acts relating to, repealed.............................. 65 1 83assessm ent roll ........................................ 97 3 190

county lands, affected.............................. 139 1 358treasurer to certify to county commissioners....... 139 1 358

assessments,city property, paid by tax levy..................... 183 1 475delinquent, lands acquired by city In trust......... 142 1 362

sale authorized through court proceedings.... 142 1 362hearing upon ..................................... 97 3 190

notice m ailed . ................................. 97 3 190published ................................ 97 3 190

objections ........................................ 97 3 190sale for, cities may acquire........................ 143 1 364

bonds, delinquent assessment foreclosures, redeemed.. 142 1 362city property,

assessments against, paid by tax levy .............. 183 1 475certificate by treasurer............................ 183 1 475

"city property assessments redemption fund" created.. 183 2 476funds provided ..................................... 183 2 476payments from ................ .................. 183 2 476

county lands, subject to............................... 139 1 358enlarged district,

benefits assessed .................................. 97 2 189boundaries described ............................. 97 2 189petition .......................................... 97 2 189resolution ....................................... 97 2 189

general tax foreclosure, provision for local improve-m ent assessm ent ................................... 143 1 364

Initiated .............................................. 97 1 188notice required . ................................... 97 1 188resolution . ........................................ 97 1 188

lands acquired thru foreclosure of delinquent assess-ments ............................................. 142 1 362

bonds and warrants redeemed..................... 142 1 362sale authorized ................................... 142 1 362

court procedure .............................. 142 1 362metropolitan park districts,

lands, subject to assessment....................... 204 1 526paym ent ...................................... 204 3 526

notices required to be mailed .......................... 97 3 190proof by certificate of officer...................... 97 4 192

owner of property to be notified....................... 97 1 188resolution ............................................ 97 1 188

published ......................................... 97 1 188tax levy, to pay assessments against city property..... 183 1 475trust holding, action to cancel.................. ....... 142 1 362

Low lands,

filled ................................................. 63 1 70assessments, roll .................................. 63 2 72

collection .................................... 63 2 72rate of interest.......... ..................... 63 3 72

canal right of way to be appropriated............. 63 4 73construction of act................................ 63 5 73cost assessed against property benefited........... 63 1 70eminent domain, right............................. 63 4 73

-25 (769)


MUNICIPAL CORPORATIONS-CONTINuE:Marsh lands, Ch. Sec. Page

filled .................................................. 63 1 70cost assessed against property benefited........... .63 1 70

Officers,traveling expenses, statement sworn to................ 104 1 203

oath, form ....................................... 104 2 204Public utilities,

bond indebtedness paid, funds transferred to currentexpense fund ....................................... 98 1 193

schools in connection with ............................ 77 1 130Street railways,

bonded indebtedness, cancelled........................ 196 1 506bonds, refunding, authorized.......................... 145 1 368indebtedness may be cancelled......................... 196 1 506refunding bonds, authorized........................... 145 1 368

Streets,acts relating to change of grade, repealed............. .52 1 48closing ............................................... 214 1 585expenditures for from "lateral highway fund........... .88 5 162

Swamp lands,filled . ................................................. 63 1 70

cost assessed against property benefited............ 63 1 70Taxation-acts relating to, repealed....................... .14 1 13Third class cities,

officers,attorney ......................................... 182 1 474chief of police...................................... 182 1 474clerk ............................................. 182 1 474councilman-at-large .............................. 182 1 474elections ......................................... 182 1 474engineer ......................................... 182 1 474health officer ..................................... 182 1 474Mayor,

appointm ents ................................ 182 1 474election ...................................... 182 1 474pow ers ....................................... 182 1 474

police judge ...................................... 182 1 474street superintendent ............................ 182 1 474term ............................................. 182 1 474treasurer ......................................... 182 1 474

Tide flats,filled ................................................. 63 1 70

1 cost assessed against property benefited.......... 63 1 70Tide lands,

filled ................................................. 63 1 70cost assessed against property benefited .......... 63 1 70

Water system,bonds for construction by local improvement, redeemed 85 1 143local improvement bonds redeemed.................... 85 1 143

W aterways, for filling low lands.......................... 63 1 70Weeds,

cities and towns to destroy........................... 125 6 303MURRAY, JOHN W.:

Deed to, from state...................................... 179 1 454

MUTUAL SAVINGS BANKS (see also BANKS and BANKING):D efined .................................................. 74 1 103Definitions,

"annual gross income.................................. 74 21 120"appraised value of the leasehold estate............... 74 21 120"book value of all physical assets...................... 74 14 111

(770)


MUTUAL SAVINGS BANKS-CONTINUED:Definitions, Oh. Sec. Page

"funds" .............................................. 74 1 103"gross operating revenue"...............................74 14 111"minimum gross income"...............................74 21 120"mutual savings bank"................................74 1 103"net earnings of the corporation".......................74 14 111"operating expense" ..................................... 74 14 il1"proper provision for retirement of the physical prop-

erty of the corporation...............................74 14 111"savings bank" ........................................ 74 1 103"standard annual rental................................74 21 120"standard net income"..................................74 21 120

Deposits,joint ................................................. 123 2 280

paym ent .......................................... 123 2 280survivor .......................................... 123 2 280

limit for each account.................................123 1 272'minors ....................................... ...... 12 2 280parents for child......................................123 1 279'trustees ............................................. 123 2 280

Dividends,amount .............................................. 123 3 281guaranty fund......................................123 3 281

Examination by supervisor of banking.....................73 1 102fees for ...... 73 1 102

Funds, defined ............................................ 74 1 103Funds, investment ........................................ 74 2 103

banker's acceptances .................................. 74 17 116bills of exchange...................................... 74 17 116bonds,

cities of W ashington............................... 74 6 104other states ................................ 74 7 104

174 8 105counties of W ashington........................... 74 6 104

other states .................................. 74 7 104diking district .................................... 74 10 107Dominion of Canada............................... 74 3 103drainage district . ................................. 74 10 107electrical energy ............................... 74 16 113

174 16 115gas, artificial ..................................... 74 15 113irrigation district ................................. 74 10 107local improvement district ........................ .. 74 9 106municipal corporations ........................... 74 6 104port district of W ashington ........................ 74 6 104railroad ......................................... 74 11 107

1 74 12 110,school district of Washington ..................... 74 6 104

other states................................. 74 7 104state of Washington...............................74 4 104states ............................................. 74 5 104telephone ..................... ................. 74 15 113

U t74 16 115United States.......................................74 3 103water ................... ........................ 74 15 113:water district of Washington ..................... 74 6 104

depositary for ...................................... 74 23 1251 74 24 125,

first mortgages on leasehold estates in real property.. 74 21 120first mortgages on real estate.........................74 20 112pledges, security for....................................74 16 111

(771)


MUTUAL SAVINGS BANKS-CONTINUED:Funds, investment, Ch. Sec. Page

prom issory notes ..................................... 74 18 117secured by pledges............................. 74 18 117

74 19 117railroad obligations ................................ 74 11 1074 74 12 110

equipment ....................................... 74 13 111equipment trust certificates ........................ 74 13 111

Guaranty fund,advertising .......................................... 123 5 282credit ................................................ 123 3 281

Investments *............................................. 74 2 103real estate ............................................. 74 22 124trustees, to make..................................... 74 25 126

Minors-deposits by ....................................... 123 2 280Surplus-advertising ..................................... 123 5 282Taxation (see Financial Institutions under Taxation).

NAVIGABLE WATERS:

Bed and shores,title vests in United States for federal water projects. 95 1 183

NOXIOUS WEEDS:Districts,

annual meeting,business ......................................... 125 4 299called ............................................ 125 , 4 299conduct ........................................... 125 4 299

a rea ................................................. 125 1 297board of directors (see also Directors),

chairm an ........................................ 125 4 299decisions,

appeal to court allowed ....................... 125 14 309notice ........................................ 125 14 309

election .......................................... 125 4 299pow ers ........................................... 125 9 305secretary ......................................... 125 4 299

boundaries .......................................... . 125 1 297125 3 299

cemeteries,weeds to be destroyed............................ 125 6 303

cities,weed destruction to be provided .................. 125 6 303

county lands,payment for weed destruction.................... 125 8 304

courts,appeals to form decision of board................. .125 14 309superior courts,

appeals to ................................... 3125 14 309supreme court,

appeals to .................................... 125 14 309created .............................................. 125 1 297

hearing .......................................... 125 3 299num bered ........................................ 125 3 299petition .......................................... 125 2 298

contents ..................................... 125 2 298hearing .................................... 125 2 298

125 3 299state lands included.......................... 125 2 298

current expense fund of county,payments from, for destruction of weeds .......... 125 8 304

(772)

OFFICERS.

NOXIOUS WEEDS-CONTINUED:Districts,

directors (see, also, Board of Directors):bond .............................................. 125elections ....................................... .. 125pow ers ........................................... 125term of offi ce..................................... 125

elections,ballots ........................................... 125called ............................................ 125conduct .......................................... 125directors .......................................... 125electors .......................................... 125notice ............................................ 125qualified electors ................................. 125

existing,organized under act....................:.......... 125

expenses,paym ent ......................................... 125

fun ds ................................................ 125inspectors,

appointm ent ..................................... 125duties .......................................... .. 125

125expenses ......................................... 125

hearing on ................................... 125tax on lands.................................. 125

payment ......................................... 125prosecuting attorneys ............................. 125

lands, included ....................................... 125tax, for expense of weed destruction .............. 125

meetings ............................................. 125election .......................................... 125n otice ............................................ 125

play grounds,weeds to be destroyed............................ 125

prosecuting attorney,duties ............................................ 125

railroads,rules and regulations............................. 125

reorganized under act................................. 125rules and regulations........ ........................ 125

delivered ....................................... 125mailed ............................................ 125

school grounds,weeds to be destroyed............................ 125

state lands, included..... ............................. 125payment for destruction of weeds................. 125

tax, against lands for expense of weed destruction.... 125levy ............................................. 125

towns,weed destruction to be provided.................. 125

United States reservations,property within, subject to provisions ............. .125

weed district fund.................................... 125

OFFICERS (see, also, STATE OFFICERS AND DEPARTMENTS):

Expense allowance,statement sworn to.......................... ........ 104

Traveling expense,statement sworn to................................... 104

oath, form ....................................... 104

(773)

Ch. Sec. Page4 2994 2999 3054 299

4 2994 2994 2994 2994 2994 2994 299

5 310

5 3025 302

9 3059 3050 3052 3082 3082 3089 3051 3061 2973 3094 2994 2994 299

6 303

.1 306

.0 305

.5 3109 305

.0 3050 305

6 3032 2988 304

L3 3095 302

6 303

7 3045 302

1 203

1 2032 204

OREGON, STATE OF.

OREGON, STATE OF:Columbia river bed, Ch. Sec. Page

agreements respecting materials of ................... .220 1 598

"OREGON LICENSE FUND":Monies transferred to state,

fisheries fund ........................................ 208 1 554

OYSTER RESERVES (see STATE OYSTER RESERVES).

PACIFIC OCEAN:Borderlands to be sold.................................... 78 1 131

preference right ..................................... 78 1 131PARKS AND PARKWAYS (see, also, STATE PARKS AND

PARKWAYS):Metropolitan park district,

lands, subject to assessment for local improvements.. 204 1 526paym ent ......................................... 204 3 526

Pacific highway,timber lands bordering upon .......................... 215 1 586

Timber lands,bordering Pacific highway............................ 215 1 586

PAROLE BOARDS:Statement relating to convicted persons to be furnished by

prosecuting attorneys .................................. 158 2 411

PAYMENT:Acts relating to, repealed................................. 54 1 49

PEDDLERS:D efinition of.............................................. 110 1 213

PENITENTIARY:Acts relating to, repealed................................. 59 1 55Ministers religious and moral instruction to prisoners ..... 59 2 55Religious instruction of prisoners.......................... 59 2 55

PERMANENT HIGHWAY FUND:R e-appropriation ......................................... 152 1 398

island counties ...................................... 152 1 398

PERMANENT HIGHWAYS (see under HIGHWAYS).

PERSONAL PROPERTY:Actions to adjudicate title................................ 100 1 198Chattel mortgages on, authorized.......................... 156 1 406Possession, not bar to suit to adjudicate title .............. 100 2 199Title to, adjudicated by court action...................... 100 1 198

PIERCE'S CODE:Adopted as official compilation............................. 195 1 505Certification, by secretary of state........................ 195 3 505Citation, authorized ...................................... 195 2 505

POISONS (see CAUSTIC OR CORROSIVE SUBSTANCES).

POLICE RELIEF AND PENSION:Sources provided ......................................... 101 1 199

PORT DISTRICTS:Bonds,

validated In class "A" and first class counties......... .219 1 597Elections,

validated in class "A" and first class counties......... .219 1 597Name change, authorized.................................. 140 1 359

election to determ ine...........*...................... 140 1 359procedure ............................................ 140 1 359

Officers,traveling expenses,

statement sworn to............................... 104 1 203oath, form ................................... 104 2 204

(774)

PUBLIC LANDS.

PORT OF ILWACO:Tide lands, Ch. Sec. Page

re-plat ............................................... 222 1 610

POULTRY:Shows,

County monies provided for........................... 109 1 212public to be admitted.................................. 109 2 212American Poultry Association, rules to govern........ 109 3 212

PREDATORY ANIMAL FUND:Abolished ................................................ 165 3 426Appropriation from, paid from general fund............... .165 2 425Monies transferred to general fund....................... 165 1 425Transferred to general fund.............................. 165 1 425Warrants payable from general fund...................... 165 4 426

PRIMARY HIGHWAY MAINTENANCE FUND:A bolished ................................................ 169 2 430Monies transferred to motor vehicle fund................. 169 1 430Transferred to motor vehicle fund........................ 169 1 430Warrants payable from motor vehicle fund................ 169 3 430

PROSECUTING ATTORNEY:Convicted persons,

statement concerning furnished....................... .158 1 410

PUBLIC FUNDS:Depositaries,

bonds, pledged,bank, cannot act as trustee for its own bonds...... 186 5 488charges for trustee............................... 186 4 488delivery in case of insolvency...................... 186 3 488trust company, cannot act as trustee for its own

bonds .......................................... 186 5 488trustee for ....................................... 186 1 487

receipt ....................................... 186 2 488insolvency,

securities delivered ............................... 186 3 488securities, pledged,

bank, cannot act as trustee for its own securities.. 186 5 488charges for trustee................................ 186 4 488delivery in case of insolvency of bank............. 186 3 488safe keeping provided............................. 186 1 487trust company cannot act as trustee for its own

securities ....................................... 186 5 488trustee for ....................................... 186 1 487

receipt ........................................ 186 2 488

PUBLIC LANDS:Columbia river,

gravel sale, agreements for ........................... .220 1 598material sale, agreements for......................... .220 1 598sand sale, agreements for............................... 220 1 598

Contract,reinstatement of Richard Strobach contract, provided. 201 1 51&

Exchange,for timber lands bordering Pacific highway ........... .215 1 586

Gravel,Columbia river, sale of................................ 220 1 598sale authorized ....................................... 220 1 598

Ilwaco tide lands, re-platting.............................. 222 1 610

Materials,Columbia river, sale of................................ 220 1 598sale authorized ...................................... 220 1 598

(775)

PUBLIC LANDS.

PUBLIC LANDS-CONTINUED:Pacific highway, Ch. Sec. Page

timber lands bordering, exchanged for state lands.... 215 1 586Sale,

Pacific ocean borderland.............................. 78 1 131notice . ............................................ 78 2 131preference right .................................. 78 2 131

Sand,Colum bia river, sale of................................ 220 1 598

Stone,sale authorized ....................................... 220 1 598

Strobach, Richard, contract reinstated ..................... 201 1 515Tide and shore lands,

materials on, sale of authorized....................... 220 1 598Tide lands,

Ilw aco ............................................... 222 1 610re-platting ....................................... 222 1 610

appropriation ................................ 222 2 610Timber,

sale authorized ...................................... 220 1 598Timber lands,

bordering Pacific highway, exchange for state lands.. 215 1 586Waterways,

vacation,1 & 2, Ballard tide lands.......................... 177 1 439

PUBLIC PRINTER:Check tendered state treasurer........................... 91 1 176General fund to receive proceeds of check................. 91 1 176Governor's tender ........................................ 91 1 176Trust agreement ......................................... 91 1 176

PUBLIC SERVICE COMPANIES (see also PUBLIC UTILITIESunder MUNICIPAL CORPORATIONS):

Commission, defined........................................223 1 611Comm issioner, defined.....................................223 1 611Common carrier, defined...................................223 1 611Corporation, defined ...................................... 223 1 611D efined ................................................... 223 1 611Definitions, .

com m ission ........................................... 223 1 611com m issioner .......................................... 223 1 611com m on carrier ....................................... 223 1 611corporation ........................................... 223 1 611dock .................................................. 223 1 611electric company ...................................... 223 1 611electric plant ......................................... 223 1 611express company.....................................223 1 611gas company.........................................223 1 611gas plant..............................................223 1 611person ................................................ 223 1 611public service company................................223 1 611railroad ............................................... 223 1 611railroad company......................................223 1 611service ............................................... 223 1 611steamboat company ................................... 223 1 611street railroad ........................................ 223 1 611street railroad company................................223 1 611telegraph company...................................223 1 611telegraph line........................................223 1 611telephone company...................................223 1 611telephone line........................................223 1 611transportation of persons..............................223 1 611

(776)

RAILROADS.

PUBLIC SERVICE COMPANIES-CONTINUED:Definitions, Ch. Sec. Page

transportation of property ............................. 223 1 611vessel ................................................ 223 1 611w arehouse ........................................... 223 1 611warehouseman ....................................... 223 1 611water company ....................................... 223 1 611water system ........................................ 223 1 611wharf ................................................ 223 1 611wharfinger ........................................... 223 1 611department of public works,

fees to be paid to.......... ................... 227 8 685

107 1 209Dock, defined ............................................. 223 1 611Easements held, taxation................................. 199 1 513Electric light and power,

operated by first class city in connection with streetrailway ......... .................................. 196 1 506

street railway indebtedness may be cancelled..... 196 1 506Electric plant, defined..................................... 223 1 611Electrical company, defined............................... 223 1 611Express company, defined................................. 223 1 611Fees to be paid by........................................ 107 1 209

deduction allowed from corporation fees ............... 227 8 615Gas company, defined..................................... 223 1 611Gas plant, defined......................................... 223 1 611Person, defined ........................................... 223 1 611Public service company, defined........................... 223 1 611Public service corporation, easements held by, taxation.... 199 1 518

taxation of easements................................ 199 1 518Railroad, defined ......................................... 223 1 611Railroad company, defined................................ 223 1 611Service, defined .......................................... 223 1 611Statement of gross operating revenue ..................... .107 1 209Steamboat company, defined.............................. 223 1 611Street railroad, defined.................................... 223 1 611Street railroad company.................................. 223 1 611Street railway, operated by first class city ................ 196 1 506

indebtedness,provision for cancellation......................... 196 1 506

Taxation of easements.................................... 199 1 518Telegraph company, defined............................... 223 1 611Telegraph line, defined................................... 223 1 611Telephone company, defined............................... 223 1 611Telephone line, defined.................................... 223 1 611Transportation of persons, defined......................... 223 1 611Transportation of property, defined....................... 223 1 611Vessel, defined .......................................... 223 1 611W arehouse, defined ..................................... 223 1 611W arehouseman, defined .................................. 223 1 611W ater company, defined.................................. 223 1 611W ater system, defined.................................... 223 1 611W harf, defined .......................................... 223 1 611Wharfinger, defined.......................................228 1 611

PUBLIC SERVICE *CORPORATIONS (see under PUBLICSERVICE COMPANIES).

PUBLIC UTILITIES (see under MUNICIPAL CORPORATIONS;also, PUBLIC SERVICE COMPANIES).

RAILROADS (see, also, COMMON CARRIERS):Livestock killed by, act repealed ........................... 40 1 42

(777)

REAL ESTATE.

REAL ESTATE (see, also, DEEDS): Ch. Sec. FageLien of judgments........................................ 60 1 56

commencement ...................................... 60 2 56Liens for clearing, grading, etc........................... 230 1 667

REAL ESTATE MORTGAGES:Effect .................................................... 33 12 36Estates of deceased persons-failure to administer estate

within six years does not defeat mortgage............... 218 1 597Form of ................................................. 33 12 36

RECLAMATION:Projects-development suspended ........................ 121 1 266Revolving fund- tax levy for............................ 94 1 182Tax levy for suspended.................................. 94 1 182

REVENUE AND TAXATION (see TAXATION).

SALMON (see FOOD AND SHELL FISH).

SAVINGS AND LOAN ASSOCIATIONS:Fees, filing and annual-exempt from corporation fees.... 227 7 635Taxation (see Financial Institutions under TAXATION).

SCHOOLS (see EDUCATION).

SEAPLANES (see AERIAL TRANSPORTATION).

SEATTLE-Grant to, of Ballard tide lands................... .177 3 439

SECOND CLASS CITIES (see under MUNICIPAL CORPORA-TIONS).

SECRETARY OF STATE:"Blue sky law"-,administration transferred to director of

licenses ................................................ 133 1 350Criminals having civil rights restored, certificate filed with 26 3 26

SECURITIES ACT (see under CORPORATIONS).

SENATE:Members-portraits to be reframed....................... .217 2 595

SHELL FISH (see FOOD AND SHELL FISH).

SIGNAL DEVICE TESTING FUND:A bolished ................................................ 167 3 428Appropriations from, paid from highway safety fund...... 167 2 428Monies transferred to highway safety fund ................ 167 1 427Transferred to highway safety fund...................... 167 1 427Warrants, payable from highway safety fund............. .167 4 428

SPARK-ARRESTER-required on engines and boilers........ 172 1 433

STATE ARCHIVES COMMITTEE:Abolished ...................................... ....... 160 2 413Duties transferred to director of business control......... 160 1 413

STATE AUDITOR:Acts relating to, repealed................................ 16 1 14

STATE BUDGET SYSTEM:Capital and betterment outlays .... ........ ........ ... 162 1 415Director of efficiency-duties............................. 162 4 417E m ergency .............................................. 162 6 420

funds for . ............................................ 162 6 420Expenditures-report of, filed by auditor .................. 162 2 416Governor- duties ........................................ 162 5 419Officials to file estimates.................................. 162 1 415Operating and maintenance expense...................... 162 1 415

(778)

STATE OFFICERS AND DEPARTMENTS.

STATE BUDGET SYSTEM-CONTINUED: Ch. Sec. PagePrelim inary budget ...................................... 162 4 417

contents ............................................. 162 4 417State auditor- duties ................................. .162 2 416

162 3 416Statem ent, contents ...................................... 162 3 416

filed by state auditor ................................ 162 3 416

STATE FORESTS (see FORESTS AND FOREST FIRES).

STATE FUNDS:Abolished, and monies transferred to general fund,

agricultural seed revolving fund...................... 166 426commission merchant fund............................ 164 424predatory animal fund................................ 165 425United States fund................................... 168 429

Abolished and monies transferred to highway safety fund,signal device testing fund............................ 167 427

Abolished and monies transferred to motor vehicle fund,primary highway maintenance fund.................. 169 430

STATE GAME FARM:Appropriation for ....................................... 173 2 434Property, title to, confirmed.............................. 173 1 434

STATE GAME FUND:Appropriation from ...................................... 173 2 434

STATE INSTITUTIONS:Appropriations for, excessive expenditures-acts relating

to, repealed ........................................... 18 1 16

STATE LANDS (see PUBLIC LANDS).

STATE LIBRARY COMMITTEE:Abolished ................................................. 159 2 412Duties, transferred to superintendent of public instruction 159 1 412

STATE OFFICERS AND DEPARTMENTS (see, also,STATE BUDGET SYSTEM):

Administrative board-powers and duties................. 68 1 88

Archives committee,abolished ............................................ 160 2 413duties transferred to director of business control..... 160 1 413

Created,committees,

capitol .......................................... 115 3 247finance .......................................... 115 3 247law library ...................................... 115 3 247parks ........................................... 115 3 247voting m achine .................................. 115 3 247

Department of,agriculture .......................................... 115 1 246

director of ....................................... 115 2 246business control ..................................... 115 1 246

director of ....................................... 115 2 246conservation and development ........................ 115 1 246

director of ....................................... 115 2 246efficiency ............................................. 115 1 246

director of ....................................... 115 2 246fisheries and gam e................................... 115 1 246

director of ....................................... 115 2 246health ............................................... 115 1 246

director of ....................................... 115 2 246

(779)

STATE OFFICERS AND DEPARTMENTS.

STATE OFFICERS AND DEPARTMENTS-CONTINUED:Department of, Ch. See. Page

highw ays ............................................ 115 1 246director of ....................................... 115 2 246

labor ................................................ 115 1 246director of ....................................... 115 2 246

licenses ............................................. 115 1 246director of ....................................... 115 2 246

public w orks ........................................ 115 1 246director of ....................................... 115 2 246

directors, appointed by governor...................... 115 2 246agriculture ...................................... 115 2 246business control ................................. 115 2 246conservation and development .................... 115 2 246efficiency ........................................ 115 2 246fisheries and game............................... 115 2 246health ........................................... 115 2 246highw ays ........................................ 115 2 246

powers and duties............................ 115 4 247qualifications ................................. 115 4 247contracts signed by........................... 115 4 247

licenses ......................................... 115 2 246"blue sky law," powers and duties of secretary

of state transferred to...................... 1133 1 50labor and industries.............................. 115 2 246public works ...................... 115 2 246

Governor-highway construction contracts, to be signed by 115 4 247Highway committee-powers and duties transferred ..... 115 4 247Highway engineer-powers and duties transferred........ 115 4 247Library committee,

abolished ............................................ 159 2 412duties transferred to superintendent of public

instruction . ....................................... 159 1 412Reports-director of efficiency to determine printing ...... 161 1 414

printing, to be determined by director of efficiency.... 161 1 414typew ritten .......................................... 161 1 414

Secretary of state--"blue sky law," powers and dutiestransferred ............................................ 133 1 150

Traveling expenses,statem ent sworn to.................................. 104 1 201

oath, form ...................................... 104 2 204

STATE OYSTER RESERVES:

A pplication .............................................. 224 2 617inspection ........................................... 224 2 617

Director of fisheries and game-inspection ................ 224 2 617Eld inlet, not for sale or lease............................ 224 3 618Hammersley inlet, not for sale or lease................... .224 3 618L ease . ................................................... 224 1 617Sale ..................................................... 224 1 617Tide lands- sale ......................................... 224 1 617T otten inlet ............................................. 224 3 618V acation . ................................................ 224 3 618

STATE PARKS AND PARKWAYS:

Committee- powers ...................................... 148 1 272Improvement,

clubs may provide..................................... 83 1 140application ...................................... 83 2 141

form . ........................................ 81 2 141judges, certificate ........................... 83 2 141

plans and specifications.......................... 83 3 141surety bond........................................83 4 141

(780)

TAXATION.

STATE PARKS AND PARKWAYS-CONTINUED: Oh. Sec. PagePacific highway-timber lands bordering upon............ 215 1 586Parks committee-powers ............................... 148 1 372State parks committee,

powers .............................................. 148 1 372permits for improvement................... ...... 83 1 140

STATE PENITENTIARY (see, also, PENITENTIARY):Convicted persons-statements furnished by prosecuting

attorney ............................................... 158 1 410

STATE REFORMATORY:Convicted persons-statement furnished by prosecuting

attorney ............................................... 158 1 410

STATE TREASURER:Lateral highway fund-estimates of receipts............. 88 6 163

STATE TREASURY:Auto transportation fund, abolished ...................... 108 2 211Agricultural seed revolving fund, abolished............... 166 3 427Commission merchant fund, abolished .................... 164 3 424Public service revolving fund.............................. 108 1 210Predatory animal fund, abolished.......................... 165 3 426Primary highway maintenance fund, abolished........... .169 2 430Signal device testing fund, abolished..................... 167 3 428

STATEMENT OF FACTS:Certification of, when trial judge deceased................. 17 1 15Settlement of, when trial judge deceased.................. 17 1 15

STATUTES (see PIERCE'S CODE).

STREET RAILWAYS (see under PUBLIC SERVICE COM-PANIES):

Bonds, refunding, authorized.............................. 145 1 368

STREETS (see under MUNICIPAL CORPORATIONS).

STROBACH, RICHARD-state land contract reinstated ........ 201 1 515

SUGAR-bounties for production and manufacture, act repealed 6 1 9

SUPERIOR COURTS (see, also, COURTS):

Clerks-criminals having civil rights restored, certificatefiled with ................................ .............. 26 4 26

Criminal process-directed to sheriff....................... 39 1 41Judges-acts relating to, repealed.......................... 47 1 46Juvenile courts, administered by........................... 176 1 437

SUPPLEMENTAL PROCEEDINGS (see under COURTS).

SURVEYS:

Congressional, acts relating to, repealed................... 28 1 28

TAXATION (see, also, INHERITANCE TAX):

Advisory commission,appointm ent .......................................... 127 1 316appropriation ........................................ 127 5 317expenses ............................................. 127 4 317investigation ......................................... 127 2 316report ................................................ 127 3 316

Assessm ent, date of....................................... 126 1 311Benton county,

1927 and 1928 tax obligation cancelled.................. 84 1 142

(781)

TAXATION:

TAXATION-CONTINUED:Certificates of delinquency, foreclosure, Ch. Sec. Page

actions, notice ......................... 143 1 364cities may acquire..................................... 143 1 364counties purchase .................................... 143 1 364

sale subsequently ................................. 143 1 364local improvement assessments to be paid............. .143 1 364

Commission (see Advisory Commission, and Tax Commis-sion, under this subject).

Constitutional amendments, submitted to voters ............ 191 1 499County lands,

assessments for dikes and drains, payment............. 193 2 502assessments for road improvements.................... 193 2 502county lands assessment fund .......................... 193 1 501levy,

diking improvement district assessments ........ . 193 2 502193 3 502

drainage improvement district assessments...... .. 193 2 502193 3 502

road improvement assessments ....................... 193 2 502Diking district lands, exempt from general taxes........... 111 3 215Easements ............................................... 199 1 513Exemptions .............................................. 126 1 311Financial institutions,

act.invalidity of part, not to affect balance ............ 151 38 397repeal, savings clause............................. 151 39 397unconstitutional in part, not to affect balance ...... 151 38 397

actions,judgment, unsatisfied, penalty .................... 151 36 396to recover tax paid under protest.................. 151 35 396

adjustm ent ......................................... 151 15 388151 16 389

allocated to different taxing districts .................. 151 28 393annual accounting period.............................. 151 9 386appeals, allow ed ...................................... 151 34 395

procedure ........................................ 151 34 395assessm ent roll ...................................... 151 25 392bank, defined, included................................ 151 1 380

am ount of tax................................... 151 2 382

151 3 383branches ............................................. 151 28 393

segregation of tax.:............................... 151 28 393building and loan association, included............... .151 1 380calendar year ........................................ 151 9 386cancellation for mistake............................... 151 29 394collection .................... ............ 151 26 392

failure, subsequent collection...................... .151 32 394combined report ...................................... 151 14 388com m ission, defined ................................... 151 1 380

powers ........................................... 151 33 394rules and regulations.............................. 151 33 394

computation .......................................... 151 24 391mistake, correction ............................... 151 29 394

consolidation ......................................... 151 20 390controlled institutions .............................. 151 13 387

151 28 393segregation of tax................................ 151 28 393

corporation ........................................... 151 1 380

(782)

TAXATION.

TAXATION-CONTINUED:Financial institutions,

county assessor, Ch. Sec. Pageassessm ent roll ................................... 151 25 392tax roll .......................................... 151 25 392

deductions ............................................ 151 7 384not allow ed ...................................... 151 8 386

definitions ............................................ 151 1 380bank ............................................. 151 1 380com m ission ....................................... 151 1 380corporation ....................................... 151 1 380doing business .................................... 151 1 380financial corporation .............................. 151 1 380gross incom e ..................................... 151 1 380fiscal year ........................................ 151 1 380net incom e ....................................... 151 1 380paid .............................................. 151 1 380paid or incurred................................... 151 1 380taxable year ...................................... 151 1 380taxpayer ......................................... 151 1 380

disclosure of information, reports, etc., unlawful ...... 151 37 397distribution .......................................... 151 28 302double, for fraud...................................... 151 31 304due date .............................................. 151 26 392evasion, double tax.................................... 151 31 304financial corporations,

defined ........................................... 151 1 380amount of tax..................................... 151 4 383

fiscal year .. ......................................... 151 1 380151 9 386

fraud, double tax....................................... 151 31 394gross incom e ......................................... 151 7 384

deductions ........................................ 151 7 384illegally computed or collected, credit given.............151industrial loan company, included...................... 151 1 380information, disclosure unlawful....................... 151 .37 397judgment for tax unsatisfied, license to do business sus-

pended .................................. .... 151 36 396license of corporation, suspended for failure to pay

judgm ent ........................................... 151 36 396merger ............................... ........ ......... 151 20 390mutual savings bank, included ........................ 151 1 380

amount of tax..................................... 151 4 383national banking association, included................. .151 1 380

amount of tax..................................... 151 2 382net income, defined .................................... 151 1 380

assessment roll ................................... 151 25 392computation ...................................... 151 7 384deductions ........................................ 151 7 384

not allowed ........................ 151 8 386determined by commission......................... 151 24 391gross incom e ..................................... 151 7 384increase, procedure ............................... 151 24 391tax based on...................................... 151 5 383

offset, other taxes..................................... 151 6 383owned institutions .................................... 151 13 387paid, defined ............................. .151 1 380paid or incurred, defined............................... 151 1 380payment,

date .............................................. 151 26 392penalties ......................................... 151 26 392protest, action to recover ........................... 151 35 896

(783)

TAXATION.

TAXATION-CONTINUED:Financial institutions, Ch. Sec. Page

period ................................................ 151 9 386change ........................................... 151 17 389less than year..................................... 151 17 389verified ................................ .......... 151 18 389

property,exchanged ....................................... 151 11 387sale, gain or loss determined...................... 151 11 387

report ................................................ 151 12 387combined ......................................... 151 14 388consolidated ...................................... 151 13 387estimate by commission, when not made .......... 151 23 391extension of tim e................................. 151 19 390failure to make, estimate by commission ........... .151 23 391

penalty ......................... ............. 151 21 390false, misdemeanor ............................... 151 22 391forms ........... 151 18 389fraudulent, misdemeanor ........................... 151 22 391further ........................................... 151 17 389penalty for failure to make........................ 151 21 390supplem ental ..................................... 151 17 389

rules and regulations.................................. 151 33 394savings and loan association, included ................ 151 1 380segregation .......................................... 151 15 388taxable year, defined.................................. 151 1 380taxpayer,defined ..................................... 151 1 380tax,

allocated to taxing districts....................... .151 28 393cancellation for mistake........................... 151 29 394collection ........................................ 151 26 392

failure, to be subsequently collected........... 151 32 394computation ..................................... 151 24 391

mistake, correction ........................... 151 29 394distribution ...................................... 151 27 393double, for fraud................................... 151 31 394erroneously paid, credit given..................... 151 30 394fraud, double tax.................................. 151 31 394illegal, action to recover payment................. 151 35 396illegally computed or collected, credit given ........ 151 30 394judgment for, unsatisfied, penalty .................. 151 36 396offset of taxes paid................................ 151 6 383payment,

erroneously, credit given....................... 151 30 394illegal, credit given............................ 151 30 394

payment, under protest............................ 151 35 396action to recover.............................. 151 35 396

segregation ...................................... 151 28 393taxes paid offset.................................. 151 6 383

tax commission,appeals, from decision............................. 151 34 395disclosure of information, unlawful ................ 151 37 397pow ers ........................................... 151 33 394rules and regulations.............................. 151 33 394

tax roll of county..................................... 151 25 392Investigating commission ................................. 127 .. 316Levy,

assessments for road improvements .................... 193 1 501"county lands assessment fund," created............... .193 1 501

amount ................ ........... 193 3 502diking improvement district assessments .......... 193 2 502drainage improvement district assessments........ 193 2 502

(784)

TRIALS.

TAXATION-CONTINUED: Ch. Sec. PagePersonal property, easements of public service corporations 199 1 513Property, subject to....................................... 126 1 311

exemptions ........................................... 126 1 311art collections .................................... 126 1 311cemeteries ........................................ 126 1 311churches ......................................... 126 1 311colleges .......................................... 126 1 311counties .......................................... 126 1 311fallen women homes.............................. 126 1 311fire extinguishing equipment...................... 126 1 311free public libraries.............................. 126 1 311head of families, $300 .............................. 126 1 311historical collections .............................. 126 1 311homes for aged and infirm......................... 126 1 311orphan asylum ................................... 126 1 311orphanages ....................................... 126 1 311hum ane societies ................................. 126 1 311schools ........................................... 126 1 311scientific collections .............................. 126 1 311state ............................................. 126 1 311United States property............................ 126 1 311veterans' organizations, property.................. 126 1 311war veterans' organizations, property ............. .126 1 311w idow s, $300 ..................................... 126 1 311

Public service corporations ............................... . 199 1 513easem ents ............................................ 199 1 513

personal property ................................ 199 1 513railroads excepted ............................... 199 5 514

Reclamation revolving fund.............................. 94 1 182Real estate,

easements upon, owned by public service corporations. 199 1 513sale for non-payment, not to be made, when covered by

easement ........................ 199 4 514Severed timber, assessed as personal property.............. 70 1 91Tax commission,

advisory tax commission to join in report .............. 127 3 316Timber, assessed as personal property when severed........ 70 1 91

TELEPHONES:Coin-box operated, fraudulent operation................... .184 1 477

TEXT BOOKS-sale to pupils authorized...................... 79 1 133

THIRD CLASS CITIES (see under MUNICIPAL CORPORA-TIONS).

TIDE LANDS (see, also, under PUBLIC LANDS):Ballard, vacation ......................................... 177 1 439

commission of public lands to vacate .................. 177 1 439governor to execute deed.............................. 177 2 439grant, to Seattle........... .......... 177 3 439

TRAVELING LIBRARY:State library committee, abolished ........................ 159 2 412

duties, transferred to superintendent of public instruc-tion ................................................ 159 1 412

TRIALS (see, also, under COURTS):Acts relating to, repealed .................................. 12 1 12

Exceptions, bill of,certification, when trial judge deceased................ 17 1 15settlement, when trial judge deceased .................. 17 1 15

Statement of facts,certification of ....................................... 17. 1 15settlement of ......................................... 17 1 15

(785)

TRUST COMPANIES.

TRUST COMPANIES (see BANKS AND BANKING).

UNITED STATES: Ch. Sec. PageIrrigation projects, contracts awarded..................... .95 1 183

w ater rights ......................................... 95 1 183

UNITED STATES FUND:Abolished ................................................. 168 4 429Appropriations, payable from general fund................ 168 3 429D efined ................................................... 168 1 429Monies transferred to general fund......................... 168 2 429Transferred to general fund............................... 168 2 429Warrants, payable from general fund ...................... 168 5 429

UNITED STATES RESERVATIONS:Weeds, districts for destruction.......................... 125 7 304

UNIVERSITY OF WASHINGTON, highway through grounds... 66 1 83

WARRANTS:Duplicate-acts relating to, repealed..................... .55 1 50

WATER AND WATER COURSES (see, also, IRRIGATION;IRRIGATION DISTRICTS; NAVIGABLE WATERS):

Adjudications,expense .............................................. 122 3 270fees .................................................. 122 3 270summons,

answ er ........................................... 122 2 270contents ...................................... 122 2 270

publication ....................................... 122 1 269service ........................................... 122 1 269

Appropriations under state law,annual fee ............................................ 105 1 205fees, filing, schedule................................... 122 8 276

annual ........................................... 105 1 205Artesian wells,

cap required .......................................... 138 2 357flow restricted ........................................ 138 1 356

Districts (see Water Districts, under this subject).Federal government irrigation projects,

appropriation for ..................................... 95 1 183w ithdraw als for ...................................... 95 1 183

Power development filings,claim, abandoned by failure to file..................... .105 2 206

statem ent to be filed.............................. 105 2 206fees, annual .......................................... 105 1 205

projects, operating ............................... 105 1 205undeveloped .................................. 105 1 205

Rights,adjudications, expense ................................ 122 3 270

fees .............................................. 122 3 270summons,

answ er ....................................... 122 2 270contents ................................. 122 2 270

publication .................................... 122 1 269service ....................................... 122 1 269

applications,fees, schedule .................................... 122 8 276findings by supervisor............................. 122 4 271investigation by supervisor ........................ 122 4 271perm it, issued .................................... 122 4 271

refused ...................................... 122 4 271prelim inary permit ............................... 122 4 271

(786)

WATER AND WATER COURSES.

WATER AND WATER COURSES-CONTINUED:Rights, Ch. Sec. Page

appropriation, filing-fees, schedule................... .122 8 276appurtenant to land................................... 122 6 274

transfer .......................................... 122 6 274certificate, issued ..................................... 122 5 274

recorded ......................................... 122 5 274diversion point,

change authorized ................................ 122 6 274seasonal change ................................. 122 6 274

fees, paid supervisor, schedule......................... 122 8 276perm it, issued ........................................ 122 4 271

fee ............................................... 122 4 271refused .......................................... 122 4 271

preliminary permit ................................... 122 4 271report of expenditures............................ 122 4 271

rotation in use........................................ 122 7 275transfer .............................................. 122 6 274

Supervisor of hydraulics,fees, schedule ......................... ............. 105 1 205

122 8 276United States government irrigation projects,

appropriation for ..................................... 95 1 183withdrawals for ...................................... 95 1 183

Water districts, to provide water supply systems,act, construction of.................................... 114 24 244

saving clause ..................... .............. 114 26 244additions and betterments,

indebtedness, submitted to voters at election ...... 114 10 227submitted to voters at election .................... 114 10 227

adjoining territory may be annexed.................... 114 15 236elections ......................................... 114 16 239proceedings ...................................... 114 15 236

annexation of adjoining territory ...................... 114 15 236authorized ............................................ 114 1 218board of water commissioners......................... .114 6 222bonds,

coupons for interest............................... 114 22 243non-paym ent .................................. 114 22 243

elections ......................................... 114 20 241boundaries ........................................... 114 2 219commissioners,

board, organized ................................. 114 7 224records ...................................... 114 7 224secretary ..................................... 114 7 224

election .......................................... 114 6 222nominations ...................................... 114 6 222plan for development.............................. 114 10 227

submitted to voters at election............... 114 10 227work ordered ................................. 114 12 231

assessment roll ............. .............. 114 12 231local improvement district created......... .114 12 231

positions filled by ................................. 114 21 242salaries fixed ................................. 114 21 242

contracts to be let.................................... 114 21 242bids called ....................................... 114 21 242

disincorporation, method provided..................... 114 25 244elections,

annexation of territory............................ 114 16 239com m issioners ..................... :.............. 114 6 222expense ........................................ 114 6 222

114 17 241

(787)

WATER AND WATER COURSES.

WATER AND WATER COURSES-CONTINUED:Water districts,

elections, Ch. Sec. Pageformation ........................................ 114 2 219indebtedness ..................................... 114 20 241registration of voters ............................. 114 6 222voters' qualifications ............................. 114 6 222

eminent domain, power granted ....................... .114 8 224established ........................................... 114 5 221formation ............................................ 114 2 219

election .......................................... 114 3 220notices ....................................... 114 3 220

petition .......................................... 114 2 219indebtedness,

additional ........................................ 114 20 241bonds ............................................. 114 20 241lim itation ........................................ 114 19 241purposes .......................................... 114 19 241submitted to voters at election..................... 114 10 227

local improvement districts............................ 114 9 226assessments levied ................................ 114 9 226

appeals to superior court, supreme court...... 114 13 233conclusive when confirmed.................... 114 14 235method of ..................................... 114 9 226roll prepared ... ............................. 114 12 231

appeals, to superior court, supreme court... 114 13 233objections ................................ 114 12 231

bonds authorized ................................. 114 9 226municipal corporation ................................ 114 5 221

water may be acquired from....................... 114 8 224petition for form ation................................. 114 2 219

duplication of area................................ 114 4 221hearing on ....................................... 114 2 219

pow ers ................................................ 114 8 224saving clause ......................................... 114 26 244taxation, levy authorized .............................. 114 18 241"water district fund," created ........................ 114 18 241

m onies paid into.................................. 114 23 243warrants drawn upon............................. 114 23 243

w ork, bids called ..................................... 114 21 242contracts to be let................................ 114 21 242

WATER DISTRICTS (see under WATER AND WATER COURSES).

WATER SYSTEMS (see under MUNICIPAL CORPORATIONS).

WATERWAYS (see under MUNICIPAL CORPORATIONS,and PUBLIC LANDS).

WEEDS (see NOXIOUS WEEDS).

WILLS:E xecution ................................................ 21 1 18

m ethod of . ............................................ 21 1 18outside of state........................................ 21 1 18

acts relating to, repealed.......................... 19 1 17method of ......................................... 21 1 18

Nuncupative, validity of................................... 21 1 18

WORDS AND PHRASES:Aircraft .................................................. 157 1 408Airman .................................................. 157 1 408"Annual gross income...................................... 74 21 120"Appraised value of the leasehold estate.................... 74 21 120

(788)

WORDS AND PHRASES-CONTINUED:Auxiliary driving light...................Axle ....................................Bank ....................................

Beneficiary .............................Blended milk ..........................."Book value of all physical assets"....

Business district ........................Butter ..................................Butter fat ..............................Buttermilk ...."Capital outlays" ........................

C heese ..................................Cheese factory ...........................Child ...................................Com m ission .............................

WORDS AND P

.. . .. . .. . .... . .. . . . . . . . .

... ......... I

. . . . . . . . . . . . . .

.. .. ........ I...............................

.. . .. . .. . . .... . . . . . . . . . . . . ..

............... I

.................

.................

.................

............... I

Com m issioner ............................................Common carrier ..........................................Concentrated milk ........................................Concentrated skimmed milk ...............................Condensed milk ..........................................Condensed skim milk ..................................Corporation sk l...................................

Cream ...........Cream buttermilk ........................................Creamed buttermilk ......................................Creamery ......... ................Cultured buttermilk ......................................Dairy ....................................................Dependent ................................................Director of traffic.........................................Dock .....................................................Doing business ...........................................Dried milk ................................................Dried skimmed milk......................................Educational standard .....................................Electric plant ............................................Electrical company .......................................Employer ..........Engineering w ork ........................................E vaporated m ilk .........................................Evaporated skimmed milk................................Express com pany .........................................Factory of m ilk products..................................F actories ................................................Financial corporation .....................................F iscal year ...............................................F ixed charges ...........................................

F og lig h t ................................................Fruit ice cream ...........................................Full cream cheese ........................................Full m ilk cheese.........................................."Funds" ...................................................Game fish ................................................Gas company .............................................Gas plant ................................................

(789)

IRASES.

Oh. Sec.178 5180 1151 1203 1132 1213 1

74 14206 10180 1213 1213 1213 1228 2229 2213 1213 1132 1151 1223 1223 1223 1213 1213 1213 1213 1151 1223 1213 1213 1213 1213 1213 1213 1132 1180 1223 1151 1213 1213 1132 1223 1223 1132 1132 1213 1213 1223 1213 1132 1151 1151 1

74 14206 10178 9213 1213 1213 1

74 1137 1223 1223 1

Page444455380518325571111539455571571571637650571571325380611611611571571571571380611571571571571571571325455611380571571325611611325325571571611571325380380111539450571571571103355611611

WORDS AND PHRASES.

WORDS AND PHRASES-CONTINUED: Ch. Sec. PageGross income .............................................. 151 1 380Gross operating revenues............................... 74 14 111.

206 10 539G uest . .................................................... 216 4 591Half skim cheese.......................................... 213 1 571Headlight ................................................. 178 3 442Hernia ................................................... 132 1 325"Hollow center cushion tires............................... 180 1 455Hotel ..................................................... 216 1 587Ice-cream ................................................. 213 1 571Ice milk .................................................. 213 1 571Imitation cheese ........................................... 213 1 571Injury .................................................... 132 1 325Intersection ............................................... 180 1 455Invalid ................................................... 132 1 325Item ..................................................... 203 1 518Local authorities .......................................... 180 1 455Malted milk ............................................... 213 1 571Metal tires ............................................... 180 1 455M ilk by-product .......................................... 213 1 571M ilk dealer ............................................... 213 6 581Milk fat .................................................. 213 1 571Milk plant ................................................ 213 1 571Milk products ............................................ 213 1 571Milk vendor ............................................... 213 6 581Mill ...................................................... 132 1 325Mine ..................................................... 132 1 325"Minimum gross income.................................... 74 21 120M otor truck .............................................. 180 1 455M otor vehicle . ............................................ 180 1 455M otorcycle ............................................... 180 1 455"Mutual savings banks..................................... 74 1 103Net earnings of the corporation..........................5 74 14 111

206 10 539N et incom e ............................................... 151 1 380N ut ice-creanm ............................................ 213 1 571

Oleom argarine ........................................... 213 1 571Operating expense ...................................... 74 14 111

206 10 539"Operations ............................................. 228 3 637

229 3 650Ow ner ................................................... 180 1 455P aid . ..................................................... 151 1 380Paid or incurred........................................... 151 1 380Peace officer ............................................... 180 1 455Permanent partial disability............................... 132 2 329Permanent total disability................................. 132 2 329

180 1 455P erson .................................................. 213 1 571

223 1 611Pneumatic tires .......................................... 180 1 455"Private highway, road, street, way or driveway" ........ 180 1 455Proper provision for the retirement of the physical prop- 74 14 111

erty of the corporation..................... ....... 206 10 539Public highway .......................................... 180 1 455

Public service company................................... 223 1 611Quarry ................................................... 132 1 325Quarter skim cheese ..................................... 213 1 571Railroad .................................................. 223 1 611Railroad company ......................................... 223 1 611Renovated butter .......................................... 213 1 571

c (790)

WORKMEN'S COMPENSATION.

WORDS AND PHRASES-CONTINUED: Ch. Sec. PageR esidence district ........................................ 180 1 455Re-w orked butter ........................................ 213 1 571"Savings bank" ............................................ 74 1 103Sem i-trailer .............................................. 180 1 455Serv ice ................................................... 223 1 611Side-light ................................................ 178 3 442"Six-wheel motor trucks................................... 180 1 455Skim cheese ............................................... 213 1 571Skimmed milk ............................................. 213 1 571"Solid rubber tires"......................................... 180 1 455Spot-light ................................................ 178 9 450"Standard annual rental.................................... 74 21 120"Standard net income...................................... 74 21 120State highways ............................................ 180 1 455Steamboat company ........................................ 223 1 611Sterilized milk ............................................ 213 1 571Street railroad ........................................... 223 1 611Street railroad company................................... 223 1 611Substitute butter ......................................... 213 1 571Sweetened concentrated milk .............................. 213 1 571Sweetened condensed milk................................. 213 1 571Sweetened condensed skimmed milk....................... .213 1 571Sweetened evaporated milk ................................ 213 1 571Sweetened evaporated skimmed milk ...................... 213 1 571Taxable year .............................................. 151 1 380Taxpayer .................................................. 151 1 380Telegraph company ........................................ 223 1 611Telegraph line ........................................... 223 1 611Telephone company ........................................ 223 1 611Telephone line ........................................... 223 1 611Trailer ................................................... 180 1 455Transportation of persons................................. 223 1 611Transportation of property................................ 223 1 611Underwriting profit ........................................ 226 1 623Vehicle .................................................. 180 1 455V essel .................................................... 223 1 611W arehouse ............................................... 223 1 611W arehousem an ........................................... 223 1 611W ater com pany .......................................... 223 1 611W ater system ............................................ 223 1 611Wharf ..................................................... 223 1 611W harfinger ............................................... 223 1 611W heel base ............................................... 180 1 455W hey .................................................... 213 1 571Words .................................................... 180 1 455W orkm an ................................................ 132 1 325W orkshop ................................................ 132 1 325

WORKMEN'S COMPENSATION:Accident fund,

compensation paid from............................... 132 1 325default in payment .................................... 132 4 341

actions by state................................... 132 4 341bond may be required............................. 132 4 341

Actions-employers sued for payment of premiums ........ 136 2 354Appeals, superior court, supreme court.................... 132 6 344Attorney, workmen's, fee.................................. 132 6 344Attorney general, legal adviser............................ 132 6 344Compensation,

schedule ............................................. 132 2 329death ............................................. 132 2 329permanent total disability......................... 132 2 329

(791)


WORKMEN'S COMPENSATION-CONTINUED: CA. Se. rageDeath, compensation for.................................. 132 2 829

annuity, computed by insurance commissioner ........ .12 3 340lump sum payment.................................... 132 3 840

Decisions,appeals .............................................. 132 6 344rehearings ........................................... 132 6 344

D efinitions ............................................... 132 1 325beneficiary ........................................... 112 1 325child ................................................. 132 1 325dependent ............................................. 132 1 25educational standard .................................. 132 1 325employer ............................................. 132 1 325engineering work .................................... 132 1 325factories ............................................. 132 1 325h ern ia ................................................ 112 1 325injury ................................................ 132 1 325invalid ............................................... 132 1 325m ill ................................................... 112 1 325mine ................................................ 132 1 325permanent partial disability...........................182 2 329permanent total disability............................. 132 2 329quarry ............................................... 132 1 325workman ............................................. 132 1 325workshop ............................................ 132 1 325

Department of labor and industries,decision, service ...................................... 132 6 34

rehearing ........................................ 132 6 344orders, service ........................................ 132 6 344

Disease, pre-existing ..................................... 132 2 329Employers, actions for payments collected from workmen. 136 2 154Husband, abandonment ................................... 132 2 329Insurance commissioner,

to compute annuity for lump-sum payment ............ 132 3 140

Joint board,appeals from ......................................... 132 6 344hearings ............................................. 132 6 344rehearing ......................... ..................... 132 6 344

Medical aid-actions, employer's, against, for payments.... 136 2 354deductions from wages, trust fund..................... 136 1 353employer's, payments, trust funds......................136 1 353fund, default in payment...............................132 4 341

actions by state....................................112 4 341bond may be required..............................112 4 341

payments,hospital .......................................... 136 2 354physician ........................................ 136 2 354surgeon ........................................... 116 2 354trust funds, paid by employes..................... .136 1 353

premiums collected, trust funds........................116 1 353Medical aid fund,

default in paym ent.................................... 132 4 341actions by state................................... 132 4 341bond may be required..............................112 4 341

Non-hazardous occupations, brought under act............. .12 5 341Occupations, not classified................................. 132 5 343

brought under act..................................... 132 5 343Outside occupations,

rate of contribution................................... 132 5 343workmen, election......................................112 5 343

(792)


WORKMEN'S COMPENSATION-CONTINUED:Payments from employers, Ch. Sec. Page

actions to recover..................................... 132 4 341lien .................................................. 132 4 341medical aid ............................................ 136 2 354

Permanent partial disability, defined ...................... 132 2 329aggravation .......................................... 132 2 329compensation, schedule ............................... 132 2 329dim inution ........................................... 132 2 329further accident ....................................... 132 2 329termination .......................................... 132 2 329

Permanent total disability, compensation for............... 132 2 329attendant, compensation .............................. 132 2 329death ................................................ 132 2 329

Premiums,actions to recover..................................... 132 4 341lien .................................................. 132 4 341

m edical aid ...................................... 136 2 354m edical aid, trust funds.............................. 136 1 353priority ............................................... 132 4 341

medical aid ...................................... 136 2 354Rehearings 132 6 344Reserve fund, created...................................... 132 2 329

investments ........................................... 132 2 329Temporary total disability, compensation for .............. 132 2 329

wages paid by employer............................... 132 2 329Wife, abandonment ........................................ 132 2 329

(793)

SESSION LAWS - Washington State Legislature

Documents

Transcript of SESSION LAWS - Washington State Legislature