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DIGEST 
 
 OF THE 
 
 Opinions of the Attorney 
 General '^ ^ ^^' 
 
 VC ■£ 
 
 OF WASHINGTON 
 
 For the Years 1890-1916 Inclusive 
 
 W. V. TANNER, 
 
 Attorney General 
 
 OLYMPIA, WASH. 
 FEANK M. LAMBORNa^^^PUBLIC PRINTER. 
 
 1919 
 
PREFACE 
 
 The opinions of the Attorney General's office which 
 have been digested for this volume comprise only such 
 as have been printed in the biennial volumes of Reports 
 and Opinions of the Attorney General. Those covered 
 by correspondence relating to matters not of general 
 public interest are not included. The citation of volume 
 and page indicated by such characters as 03-04:155, 
 means the published volume for the years 1903-1904, 
 page 155. 
 
 The incumbents of the office of Attorney General dur- 
 ing the period covered by this volume were as follows: 
 W. 0. Jones, 1889-1897; P. H. Winston, 1897-1901; W. B. 
 Stratton, 1901-1905; John D. Atkinson, 1905-1909; W. P. 
 Bell, 1909-1911; and W. V. Tanner, 1911-1917. 
 
 W. V. Tannbb, 
 Attorney General. 
 
 Olympia, "Wash., February, 1919. 
 
DIGEST OF THE OPINIONS OF THE 
 ATTOENEY GENERAL. 
 
 ACCOUNTANTS 
 
 1. Examination for accountants must 
 be without adjournment except from 
 day to day. Ch. 72, p. 99, L. '03. 
 
 07-08:233. 
 
 2. Pees charged to applicants for cer- 
 tificates to be uniform in all cases. 
 
 03-04:135. 
 
 3. Women are eligible as certified ac- 
 countants. 03-04:134. 
 
 ACTIONS 
 
 "Action" used in jurisdictional sense 
 covers both criminal and civil actions. 
 Ch. 40, L. '99. 99-00:63. 
 
 ADJUTANT GENERAL 
 
 (See Printing State, 4.) 
 
 Duration of Adjutant General's term. 
 Expires with term of Governor. §§ 13, 
 42, Ch. 108, L. '95. ' 97-98:104. 
 
 ADOPTION 
 
 (See Pees, 9-12.) 
 
 AGRICUIiTURB 
 
 County Contribution to Federal Expert 
 
 1. County funds are not subject to 
 contribution to the expenses of a Fed- 
 eral agriculturist expert. 11-12:334. 
 
 Agricultural Expert — Dismissal 
 
 2. An agricultural expert appointed 
 for a county by the director of the bu- 
 reau of farm development is subject to 
 removal at any time by the county 
 commissioners. L. '13, Ch. 18, §§ 2, 4. 
 
 13-14:239. 
 
 Beet Sugar — Appropriation for Raising: 
 
 3. Competency of appropriation for 
 raising beet sugar declared. 99-00:202. 
 
 ALASKA-YUKON-PACIPIC EXPOSI- 
 TION 
 
 County appropriations to be based on 
 assessment roll of 1906. 07-08:494. 
 
 AL.IENS 
 
 (See Constitution; Corporations, 2, 
 4; Pish, 54-67, 111; Game, 46, 50; In- 
 sane, 3; Insurance, 88, 92; Workmen's 
 Compensation Daw, 20.) 
 
 Realty passing to a Canadian bank, 
 through mortgage to an employee of 
 the bank who is an applicant for citi- 
 zenship, not within the alien owner- 
 ship prohibition. 99-00;175. 
 
 ANIMALS 
 
 (See Dogs; Estrays.) 
 Diseased Cattle 
 
 1. State veterinarian has exclusive 
 authority to suppress disease among 
 animals. §§ 3203, 3206, Rem.-Bal. 
 
 11-12:146. 
 
 2. Diseased cattle may be destroyed 
 either by a proceeding as against a 
 nuisance or by criminal inforination 
 against the owner thereof. 11-12:146. 
 
 3. Inspector may compel segregation 
 of diseased sheep. § 3412, Bal. 
 
 99-00:50. 
 
 4. Commissioner of agriculture is 
 personally liable for the destruction of 
 any non-diseased animals. 15-16:324. 
 
 5. Commissioner of agriculture is 
 authorized to destroy diseased cattle 
 without order of a court. Ch. 100, L. 
 •15. §§3203, 3208, Rem.-Bal. 15-16:324. 
 
 6. The state commissioner of agricul- 
 ture has authority to establish an in- 
 definite period of quarantine against 
 animals affected with contagious dis- 
 ease classed as incurable. § 3203, Rem.- 
 Bal. li. '13, Ch. 60. 13-14:428. 
 
 Brands 
 
 7. Effect of degree of difference in 
 similar brands to be determined at dis- 
 cretion of county auditor. § 3438, vol. 
 1, Bal. 97-98:281. 
 
 8. Provisions of the act not limited 
 to counties adopting so-called "Stock 
 Law." 94-95:59. 
 
 Inspeetion 
 
 9. Clean cattle may be brought into 
 state subject to quarantine. 03-04:218. 
 
 10. Peeding, as requiring inspection, 
 under § 4761-0, Bal. defined. 
 
 07-08:349. 
 
 11. Inspection of stock not within 
 Governor's authority. §§ 6158-6170, P. 
 C. 03-04:246. 
 
Digest of the Opinions of the Attorney General 
 
 ANIMALS — Continued 
 At IJarsre 
 
 12. Violation of § 3416 (swine run- 
 ning at large) not declared by § 6776, 
 Bal. Code, a misdemeanor. 03-04:47. 
 
 Bounties (Wild Animals) 
 
 13. No bounties on muskrats. Act of 
 1909 repeals prior statutes. 09-10:124. 
 
 14. County bounties on wild animals 
 have been sup.erseded by state boun- 
 ties. § 3593-96, Rem-Bal. 
 
 09-10:124, 11-12:384. 
 
 15. Notaries are authorized to take 
 oath of claimants of animal scalp 
 bounties. §3, L. '05, p. 121. 07-08:42. 
 
 APPROPRIATIONS 
 
 (See Agriculture, 3; Deficiency Cer- 
 tificates: Fire Warden, 2; Highways, 
 42-50; Horticulture, 1, 2; Insane, 1; 
 Judges, Supreme; World's Pair, 2.) 
 
 General 
 
 1. May not be spent in lump. 
 
 01-02:229,230. 
 
 12. No public officer to incur liabili- 
 ties for a sum greater than appropria- 
 tion. 99-00:161. 
 
 3. Lapse after two years. § 2, ch. 
 112, L. '99, 01-02:159. 
 
 4. Appropriation of specific sum may 
 be wholly expended at any time within 
 period for which appropriated. Op. 
 Oct. 28, 1901. 01-02:55. 
 
 5. Appropriation in excess of defi- 
 ciency implies legislative intent to ap- 
 ply balance on payment of interest. 
 
 93-96:20. 
 
 6. Warrants may be drawn to the 
 amount of the appropriation where 
 such appropriations are based on ex- 
 pectancy of future receipts. 07-08:161. 
 
 7. Appropriation of less sum than the 
 statutory salary not a repeal of the 
 office in question. (Reversed, J. J. 
 Rippetoe v. Cheetham, 17 Wash. 483.) 
 
 97-98:72. 
 When Take Bitect 
 
 8. Appropriation takes effect ninety 
 days after adjournment of legislature 
 unless the act contains express decla- 
 ration that it is necessary for immedi- 
 ate preservation of public peace, health 
 or safety, support of the government 
 or its existing public institutions. Ch. 
 42, L. '11. 13-14:73. 
 
 ASSESSORS 
 
 1. County assessor and county sur- 
 veyor not incompatible offices to be 
 performed by more than one person. 
 
 01-02:401. 
 
 2. County assessor as justice of the 
 peace not an incompatibility of office 
 within the prohibition. 94-95:10. 
 
 3. Salary payable by warrant on sal- 
 ary fund regardless of class of county. 
 §3006, vol. 1, Hill. 93-96:13. 
 
 4. Extraordinary conditions only en- 
 title county assessor to traveling ex- 
 penses. %% 4055, 4065, Rem. -Bal. 
 
 11-12:161. 
 
 5. Subject to state board tax commis- 
 sioners. §§ 14, 92, ch. 71, L. '97; ch. 116, 
 L,. '05. 11-12:232. 
 
 ATTORNEY GENERAI. 
 
 1. Cannot pass on constitutionality of 
 laws. 91-92:79, 116; 01-02:32; 03-04:314. 
 
 2. Will not advise on merely abstract 
 questions of law. 91-92:76, 124. 
 
 3. Cannot advise on acts not yet ef- 
 fective. " 91-92:123. 
 
 4. Functions of the opinions ex- 
 plained. 01-02:54. 
 
 5. Does not pass upon matters relat- 
 ing to superior court's offlolal duties. 
 
 91-92:57. 
 
 6. It is the rule of the Attorney Gen- 
 eral's office to consider all laws passed 
 and approved as constitutional. Ch. 
 48, L. '07. 07-08:110. 
 
 ATTORNEYS 
 
 1. Trial of a pauper criminal en- 
 titling appointed attorney to compen- 
 sation does not include appearances 
 prior to or subsequent to the actual 
 day or days of trial. § 2305, Rem.-Bal. 
 
 15-16:162. 
 
 2. Attorney's fee defending in forma 
 pauperis a charge against the county, 
 not the state. § 53, ch. 2, L. '09. 
 
 09-10:105. 
 
 AUCTIONEERS 
 
 City auction license ordinance is a 
 tax for revenue purposes and as such 
 may not be imposed upon a Federal 
 employee auctioning Federal property. 
 
 07-08:34. 
 
Digest of the Opinions of the Attorney General 
 
 AUDITOR, COUNTY 
 
 (See Corporations, 30; Fees, 1-8.) 
 
 1. The county auditor is charged 
 with the duty of providing election 
 ballots and is authorized to contract 
 therefor without reference to the ac- 
 tion of the county commissioners. 
 § 4891, Rem.-Bal. ' 13-14:490. 
 
 2. County auditor need check tax 
 rolls twice a year, not once a month. 
 §§ 3929, 9229, Rem.-Bal. 11-12:264. 
 
 3. Nominee for county auditor may 
 be nominated to road Supervisorship. 
 
 01-02:399. 
 
 4. Female may be deputy county au 
 
 dltor 
 
 09-10:73. 
 
 5. Auditor to extend special taxes 
 properly certified to , him before Sep- 
 tember 1st. Ch. 177, L. '01. 03-04:154. 
 
 6. Auditor is not personally liable 
 for warrants issued upon funds irreg- 
 ularly voted for an irrigation district. 
 Chs. 74, 179, L. '15. § 6417, Rem.-Bal. 
 
 15-16:248. 
 
 7. Claims though approved by county 
 officers, questionable upon the face, 
 may be refused by the Auditor. 
 
 11-12:10. 
 
 8. Official certificates to bear aud- 
 itor's seal of office. 99-00;139. 
 
 AUDITOR, STATE 
 
 (See Deficiency Certificate.) 
 
 1. State Auditor not required to fur- 
 nish blanks or books under page 134, 
 ch. 84, L. '99. 03-04:90. 
 
 2. Deputy state auditor cannot act 
 in place of Auditor on boards of which 
 Auditor is ex-officio member. 09-10:18. 
 
 3. Auditor only to examine face of 
 vouchers against appropriations, not 
 to inquire into the merits thereof. 
 
 99-00:153, 185. 
 
 4. Deposit of securities and mort- 
 gages with the State Auditor, when to 
 be made. , 03-04:150. 
 
 AUTOMOHII/BS 
 
 (See Fines, 10.) 
 
 General 
 
 1. Automobile bill, ch. 152, L. '15, is 
 not in conflict with oh. 57, L. '15. 
 
 15-16:74. 
 
 2. Purchaser of an automobile on a 
 conditicmal contract is the "owner" 
 within the meaning of ch. 142, L. '15. 
 
 15-16:74. 
 
 "Jitney" — Bonds 
 
 3. Automobile stages operating from 
 points within a city to points without 
 are subject to the provisions of "the 
 jitney bus bill." Ch. 57, L. '15. 
 
 15-16:74. 
 
 4. "Jitneys" are subject to "Jitney 
 bus bill" regardless of fixed routes a'nd 
 schedules. Ch. 57, L. '15. 15-16:74. 
 
 5. "Jitneys" are to be bonded by 
 surety companies only. Ch. 57, L. '15. 
 
 15-16:74. 
 
 6. "Jitney" bond must be continuing 
 to authorize operation of such jitney. 
 § 2, ch. 57, L. '15. 15-16:133. 
 
 ' 7. Sale through a broker of jitney, 
 bond and license, with repurchase by 
 original owner and licensee not effec- 
 tive to evade the jitney act. Ch. 57, 
 L. '15. 15-16:182. 
 
 8. Refund on a jitney bond cancelled 
 at the request of the principal or for 
 cause before the expiration of the time 
 covered by the premium, not compel- 
 lable. Ch. 57, L. '15. §§ 6059, 8336- 
 §340,. Rem.-Bal. 15-16:337. 
 
 Licensiii^ 
 
 9-. Automobiles, other than those of 
 police and fire departments, owned by 
 municipalities, to be licensed. §§ 5562 
 to 5566, Rem.-Bal.; §5673, Rem.-Bal. 
 
 11-12:46. 
 
 10. Pleasure automobiles with trailer 
 attached do not require a truck license. 
 Ch. 142, L. '15. 15-16:356. 
 
 11. Motor vehicles used by city de- 
 partments other than fire or police are 
 to be licensed under § 17, ch. 142, L. 
 '15. 11-12:46, 15-16:64. 
 
 12. Motor vehicles belonging to the 
 state require identification licenses. 
 Ch. 142, L. '15. 15-16:80. 
 
 13. Express trucks, delivery without 
 extra charge, are not "for hire" within 
 §15, ch. 142, L. '15. 15-16:97. 
 
 14. Automobiles used exclusively on 
 military reservations are not subject 
 to license fees. § 11, ch. 142, L. '15. 
 
 13-14:174. 
 
 15. Motor vehicles owned or oper- 
 ated by the United States government 
 are not subject to vehicle license act. 
 
 11-12:275. 
 Regulation 
 
 16. "Hours of darkness" means any 
 atmospheric condition making lights 
 
Digest of the Opinions of the Attorney General 
 
 AUTOMOBILES — Continued 
 Regulation 
 
 reasonably necessary to avoid acci- 
 dents. §21, ch. 142, L. '15. 15-16:102. 
 
 17. Municipal ordinance covering the 
 same subject-matter as a state law but 
 providing a lesser penalty is not in- 
 valid in the absence of specific statu- 
 tory prohibition. Ch. 142, L.. '15. 
 
 15-16:142. 
 Taxation 
 
 18. Automobiles for hire are subject 
 to municipal occupation tax in cities of 
 the third class, graduated upon the 
 number of automobiles operated. §§ 9, 
 14, ch. 184, L. '15; § 34, ch. 142, L. '15. 
 
 15-16:98. 
 BAKIilRIISS 
 
 (See Hotels.) 
 BANKS 
 
 (See Taxation, 136-152, 260, 261, 316, 
 320; Trust Companies, 3-11.) 
 
 Incorporation of 
 
 1. Articles, amendment: Mere reso- 
 lution of directors to create savings 
 department not sufficient. § 9, L. '07, 
 Bank Act. 07-08:171. 
 
 2. Articles of Farmers' Bank of 
 Krupp shown defective in law. 
 
 07-08:200. 
 
 3. Liability of Bank of Stanwood as 
 a, mixed banking and non-banking cor- 
 poration for license fee indicated. 
 
 97-98:256-312, 01-02:26-29, 03-04:279. 
 
 4. Banking company incorporated 
 but not doing business cannot, after 
 the passage of a law subsequent to 
 such incorporation, begin business on 
 the original capital. § 3317, Ilem.-Bal. 
 
 11-12:274. 
 
 5. A banking corporation organized 
 prior to the banking law of 1907, but 
 not doing business at the time of its 
 passage, must comply with its provi- 
 sions as to amount of capital stock. 
 §§ 3316, 3317, Rem.-Bal. L. '13, ch. 147, 
 §2. 11-12:274, 13-14:152. 
 
 Asisets, Securities and Investments — 
 Realty 
 
 6. Realty held by banks prior to act 
 of 1907 may be carried as asset for 
 three years from that date. 09-10:113. 
 
 7. Three-year period of realty pos- 
 session by bank begins at foreclosure 
 sale and not at expiration of redemp- 
 tion period. § 3330, Rem.-Bal. 
 
 11-12:382. 
 
 Functions — Generally 
 
 8. Acceptance by employer of deposit 
 of employee's wages on interest not 
 banking within the act. 09-10:217. 
 
 9. A state bank cannot change Its 
 head office to a. branch office and make 
 its present branch office its head of- 
 fice. § 3323, Rem.-Bal. 
 
 11-12:125, 13-14:565. 
 
 10. Private banks may not advertise 
 other than by including the actual 
 names of the proprietors thereof. % 30, 
 ch. 225, L. '07. 07-08:149. 
 
 11. "The Savings Bank Store" desig- 
 nation of a. mercantile house prohibit- 
 ed. 07-08:272. 
 
 12. Mere non-user of the right to 
 operate a savings department does not 
 disqualify a bank from subsequently 
 opening such department. §§ 3336, 
 4266, Rem.-Bal. 11-12:257, 15-16:298. 
 
 Examination of — 
 
 13. Fees of bank examiner are col- 
 lectible at the time of examination and 
 are to be remitted by him daily to the 
 State Treasurer. 11-12:326. 
 
 14. No change has been made in the 
 duties of bank examiner with refer- 
 ence to the supervision and control of 
 private banks by chapter 147, Laws of 
 1913. 13-14:160. 
 
 Holding Stock of Otiier Banlcs 
 
 15. One bank to retain stock of an- 
 other bank acquired prior to passage 
 of the act. § 7, ch. 195, L. '09. 
 
 09-10:161. 
 
 Deposit of State and County Funds 
 
 16. Drainage warrants can be ten- 
 dered by banks to secure deposit of 
 state funds in lieu of surety bond. 
 § 3715, Bal. Code. 09-10:191. 
 
 17. Assets may be pledged to secure 
 bonds for state deposits. 09-10:1. 
 
 18. Bonds of county depositary prop- 
 erly qualified before ch. 51, L. '07, still 
 effective. §2, ch. 51, L. '07. 07-08:293. 
 
 19. Bank bond for state deposit — 
 state funds not to be deposited in bank 
 when. 97-98:175, contra 97-98:179. 
 
 Taxation 
 
 (See Taxation — Banks.) 
 
 BARBISRS 
 
 Board of Examiners 
 
 1. First report of state board'of bar- 
 ber examiners to be at close of year 
 1902, then biennially. 01-02:424. 
 
Digest of the Opinions of the Attorney General 
 
 BARBBRS — Continued 
 Board of ISxaminers 
 
 2. A member of the state board of 
 exg^iners fllllng the ofllce of secre- 
 tary is entitled to the per diem for at- 
 tendance on board meetings in addi- 
 tion to salary as secretary. § 7009 and 
 § 7011, Rem.-Bal. Amended L. '13, ch. 
 84. 13-14:237. 
 Examination of 
 
 3. Refund of application fee on fail- 
 ure to pass examination prohibited. 
 § 10, Barber Act, "01. 01-02:121. 
 
 4. Applicant failing in examination 
 not barred for any specific time from' 
 taking another examination. 
 
 01-02:242. 
 
 5. Examination fee not returnable 
 when applicant leaves state before ex- 
 amination. 01-02:364. 
 
 License and Registration of 
 
 6. License in third and fourth class 
 cities. 01-02:190, 191. 
 
 7. Cities incorporated by special ter- 
 ritorial legislation are "any incorpo- 
 rated cities" within the barber licens- 
 ing act. 01-02:171, 190. 
 
 8. Registration clause does not apply 
 to towns of the fourth class. §§ 1, 9, 
 10, 15, L. '01, Barber Act. 01-02:71. 
 
 9. Continuous residence in the state 
 not essential to maintain primary bar- 
 ber certificate. 03-04:105. 
 
 BASTARDY 
 
 (See Pees, IS.) 
 
 BBETS 
 
 (See Sugar.) 
 
 BILIilARD HAIil/S 
 
 (See Townships, 4.) 
 
 BIRDS 
 
 (See Game.) 
 
 1. Eagles are "protected" birds with- 
 in the act. §§ 1, 7, p. 256, L. '03. 
 
 07-08:315. 
 
 2. Taking birds for taxidermy not a 
 taking for "strictly scientific pur- 
 poses." L. "03, p. 257. 09-10:160. 
 
 BLIND, SCHOOI/ FOR 
 
 Summer school for the adult blind 
 authorized by ch. 56, L. '15. 15-16:85. 
 
 BONDS 
 
 (See Cities; Counties; Municipal 
 Corporations; Schools, 207-229.) 
 
 BOUNTIES 
 
 (See Agriculture, 3; Animals, 13-15.) 
 
 BRANDS 
 
 (See Animals, 7, 8; Food Laws, 4-10. 
 
 BRIDGES 
 
 (See Highways, 13, 15, 20, 39, 50-54.) 
 
 BUDGET liA'W 
 
 "Budget Law" prohibiting excess 
 levies does not repeal the provisions 
 of city charters limiting tax levies. 
 Ch. 49, L. -15. 15-16:340. 
 
 BUILDING AND LOAN ASSOCIATIONS 
 
 (See Mortgages, 1; Savings and Loan 
 Associations.) 
 
 1. Must make report to State Audi- 
 tor as required by statute. § 4412, Hal. 
 Code. 03-04:149. 
 
 2. Standard Real Estate Loan Com- 
 pany within the act. § 7149, P. C. 
 
 07-08:542. 
 
 3. Contracts of shareholders in build- 
 ing and loan associations in force at 
 the taking effect of Laws of '13, ch. 
 110, retain their original status. 
 
 13-14:242. 
 
 BUREAU OP STATISTICS 
 
 (See Statistics, Bureau of.) 
 
 CAPITOL BUILDINGS 
 
 (See State Buildings.) 
 
 CATTLE 
 
 (See Animals.) 
 
 CEMETERIES 
 
 Regulation by State Board of Health 
 
 Regulation of cemeteries in rural 
 districts is beyond the power of the 
 state board of health, except in case 
 they prove a menace to public health. 
 §5406, Rem.-Bal. 13-14:154. 
 
 CENSUS 
 
 (See Indians, 6; Schools, 333.) 
 
 1. Census portion of § 1563, Bal. 
 Code, repealed by p. 289, L. '01. 
 
 03:22. 
 
 2. Transient railroad workers hav- 
 ing no other legal residence should be 
 enumerated in the county where em- 
 ployed. 07-08:108. 
 
 3. County assessor to take census 
 1891. 91-92:70. 
 
8 Digest of the Opinions of the Attorney General 
 
 CHILDRIillV 
 
 (See Day Nursery; Defective Chil- 
 dren; Juvenile Court.) 
 
 CITIES AND TOWNS 
 
 (See Pees, 13; Game, 14; Health, 12- 
 17; Highways; Libraries; Municipal 
 Corporations; Public Lands, 120; Public 
 Utilities, 40-43; Taxation, 212, 213, 249, 
 387, 404.) 
 
 Classification and Incorporation 
 
 1. Fourth-class city is promoted after 
 census by forwarding certified tran- 
 script to the Secretary of State by the 
 board of county commissioners. 
 
 99-00:83. 
 
 2. Method of incorporating district 
 of 1500 inhabitants. § 701, Bal. Code. 
 
 99-00:91. 
 
 3. Procedure of incorporation of 
 third-class city indicated. §§ 701, 702, 
 Bal. Code. 07-08:153. 
 
 4. Decrease of the population of a 
 third-class city does not automatically 
 drop such city to the fourth class. 
 §§7478, 7479, Rem.-Bal. 15-16:256. 
 
 5. Federal census showing a popula- 
 tion sufficient to advance a city to a 
 higher class is not authority of itself 
 to warrant advancing such city in the 
 records of the Secretary of State. 
 §§ 7479, 7482, 7488, 7495, Rem.-Bal. 
 
 15-16:67 
 Officers 
 
 6. Attorneys in fourth-class cities 
 are not required to pass on ordinances. 
 § 3522, P. C. 07-08:383. 
 
 7. City attorney of Anacortes need 
 not be lawyer. 99-00:114. 
 
 8. Counoilmen of third-class cities 
 are not entitled to compensation for 
 services as a board of equalization. 
 §7892-21, Rem. '15 Code; §7677, Rem.- 
 Bal. 15-16:383. 
 
 Cliarters 
 
 9. Where charter provisions conflict 
 with general laws such provisions are 
 illegal. 07-08:130. 
 
 Ordinances — Enforcement — Costs Bill 
 
 10. A county is not entitled to collect 
 from city of the third-class expenses of 
 the Jury, bailiffs, etc., in cases of ap- 
 peals from conviction had in the police 
 court of the city for violation of its 
 ordinances. §§ 7688, 7700, Rem.-Bal. 
 
 13-14:283. 
 
 Indebtedness 
 
 11. Status of debt of municipality 
 when fixed. 07-08:399. 
 
 12. Payment of warrants on levies 
 raised for budgets of cities under com- 
 mission form of government indicated. 
 §§5129-5140, 3947, Rem.-Bal. 15-16:224. 
 
 13. Bonded indebtedness must be au- 
 thorized by ordinance and so indicated 
 in transcript of proceedings. §§ 7654 et 
 seq., P. C. 07-08:478. 
 
 14. Application of indebtedness funds 
 of cities of the third-class explained. 
 
 01-02:186. 
 
 15. Five per cent of the taxable prop- 
 erty is the limitation of indebtedness 
 for municipal purposes as lighting, 
 water, etc., in fourth-class cities. § 6, 
 art. 8, Const. L. '01, p. 177, § 2. 07-08:32. 
 
 16. Cities of the second class are not 
 authorized to pay premiums on deposi- 
 tory bonds. §§ 5081-5084, Rem.-Bal. 
 
 11-12:207. 
 
 Liibraries 
 
 • 17. Towns desiring to maintain a free 
 public library require the sanction of 
 a majority vote of the town electors. 
 §§ 6971, 6974, 7478, 7480, Rem.-Bal. 
 
 13-14:471. 
 lilcenses 
 
 18. Town of fourth class may provide 
 for granting liquor license for less than 
 one year. §§ 6264, 7731, subd. 10. Rem.- 
 Bal. 13-14:553. 
 
 Local Improvements 
 
 19. Delinquent local improvement as- 
 sessments in third-class cities together 
 with interest and penalties, should be 
 separately detailed by city to county 
 treasurer for entry on tax rolls and 
 collected with 15 per cent interest on 
 each assessment. § 7710, Rem.-Bal. L. 
 '11, ch. 98, § 24. 13-14:505. 
 
 Pul>Iic Utilities 
 
 20. Cities have no authority to con- 
 trol street cars in the matter of heat- 
 ing and ventilating. § 13, ch. 117, L. 11. 
 
 15-16:295. 
 
 21. Cities may not grant free elec- 
 trical or water service. §§ 8, 29, ch. 117, 
 L. '11; § 8348, Rem. 1915 Code. 
 
 15-16:379. 
 
 22. Cities may not make any mone- 
 tary gift to a municipal public service 
 utility. §8348, Rem. 1915 Code. 
 
 15-16:379. 
 
Digest of the Opiv,ions of the Attorney General 
 
 CITIES AJTD TOWNS — Continued 
 Pultlic TTtllltles 
 
 23. Cities of the fourth class cannot 
 join with a county in maintaining a 
 ferry. § 5013, Rem.-Bal. 13-14:279. 
 
 24. A city of the fourth class operat- 
 ing a ferry between a point within the 
 city and a point within one mile of the 
 city limits can appropriate money for 
 its maintenance. § 5012, Rem. Bal. 
 
 13-14:279. 
 Taxation 
 
 25. Cities may recall levy and substi~ 
 tute new one therefor. 03-04:175. 
 
 Council Officers 
 
 26. Councilman of fourth-class city 
 must he qualified elector. § 1002, Bal. 
 Code. 07-08:339; 
 
 27. Officers appointed in fourth-class 
 cities must be confirmed by council. 
 L,. '03, p. 200, §4. 07-08:368. 
 
 28. On advancement of cities in 
 class, officers of the old administration 
 shall hold until first annual municipal 
 election. §§ 16-22, p. 131, L. '90. L. '99, 
 p. 102. § S, art. XI, Const. 07-08:254. 
 
 29. Quorum in council of fourth-class 
 city to be completed by election of the 
 council. L. '03, p. 202. 07-08:268. 
 
 Mag:istrate 
 
 30. Police magistrate in fourth-class 
 cities need not be justice of the peace. 
 
 01-02:12. 
 
 31. Police justices for cities of the 
 third class should charge and collect 
 the same fees as are prescribed by 
 § 1864, Rem.-Bal., for justices of the 
 j)eace. 13-14:63. 
 
 Marslials 
 
 32. Fourth-class city marshal hold- 
 ing "at the pleasure of the mayor" 
 does not require yearly re-appoint- 
 ment. L. '90, p. 198. 07-08:393. 
 
 33. Failure to confirm marshal ap- 
 pointed continues incumbent .in ofllce. 
 § 8, p. 200, D. '03. 07-08:365. 
 
 ■ 34. Council may reject appointee of 
 mayor and failing a new appointment 
 by the mayor within one week may 
 itself make the appointment. §§5, 8, 
 ch. 113, L. '03. 07-08:109. 
 
 35. Terms of office of marshals of 
 third-class cities terminated on the 
 10th day of June, 1915. Ch. 184, L. '15. 
 
 15-16:84. 
 
 Mayor 
 
 36. Mayors of fourth-class cities 
 have no power to vote in case of a tie 
 vote. 07-08:105. 
 
 Pliysician and Board of Healtli 
 
 37. City boards of health act concur- 
 rently with board of county commis- 
 sioners acting as a board of health. 
 Ch. 65, L. '03. 03-04:95. 
 
 38. Health officer in cities of third 
 class need not be a physician. 
 
 01-02:13. 
 
 39. Non-resident physician may be 
 appointed health officer for fourth- 
 class city having no resident physi- 
 cian. § 1, ch. 194, L. '07. 07-08:418. 
 
 40. Health officer in fourth-class 
 city to be appointed annually by the 
 mayor. Ch. 65, L. '03. 07-08:407. 
 
 Treasurer — Commissions 
 
 41. Treasurers of towns of fourth- 
 class are entitled to receive one per 
 cent on moneys received on sale of 
 
 , bonds within meaning of | 7743, Rem.- 
 Bal. 13-14:36. 
 
 42. "Town" In §§ 24-5, ch. 231, L. '09, 
 defined. 99-00:171. 
 
 CITIZENSHIP 
 
 (See Naturalization.) 
 
 "CIVIL OPPICEK" 
 
 Defined. 01-02:30. 
 
 CliAMS 
 
 (See Pish, 33-36, 63.). 
 
 CIjBRK, COUNTY 
 
 (See Pees.) 
 
 COAL 
 
 (See Mines and Minerals.) 
 
 CODES — SESSION LAWS 
 
 (See Printing, State, 18-19.) 
 
 1. Distribution of codes within dis- 
 cretion of legislature. 03-04:32. 
 
 2. Time of distribution of Session 
 Laws not essential prerequisite to pay- 
 ment therefor. 91-92:225. 
 
 COLUMBIA RIVER IMPROVEMENT 
 COMMISSION 
 
 Salary of executive commissioner of 
 Columbia River Improvement Commis- 
 sion to be based on "calendar year." 
 Ch. 234, L. '09. 09-10:118. 
 
 COMMISSIONER OP AGRICULTURE 
 
 (See Animals, 4-6; Horticulture, 12.) 
 
10 Digest of the Opinions of the .Attorney General 
 
 COMMISSION MERCHAWTS 
 
 (See Horticulture, 6.) 
 
 1. Commission merchants defined. 
 
 07-08:193. 
 
 2. Whether or not the sale of produce 
 on commission is the principal busi- 
 ness of any concern is a question of 
 fact, the criterion being whether it is 
 a vocation pursued as a source of 
 profit. § 7033, Rem.-Bal. 13-14:395. 
 
 3. A co-operative association or 
 union which sells produce on account 
 of its members is a commission mer- 
 chant under the terms of the act regu- 
 lating that business. § 7033, Rem.-Bal. 
 
 13-14:395. 
 COMMISSIOIVERS, COUNTY 
 
 (See Day Nursery; Elections, 58.) 
 
 Qualifications 
 
 1. County commissioners are county 
 "officers" within the successive-term 
 prohibition. § 4032, Rem.-Bal. § 7, art. 
 11, Const. 11-12:297. 
 
 2. Commissioner closing his second 
 consecutive term fills the unexpired 
 term of his successor dying before 
 qualifying. §§ 3860, 3896, Rem.-Bal. 
 
 11-12:300. 
 
 3. County commissioner's qualifying 
 as police chief is not an inconsistency 
 in functions within the prohibition. 
 
 11-12:228. 
 
 4. Removal to another district does 
 not disqualify commissioner. § 272, vol. 
 1, Hill. 93-94:30. 
 
 5. County commissioner removing to 
 another district. § 478, P. C. 07-08:323. 
 
 6. County commissioner does not va- 
 cate his office by removal from one 
 commissioner district to another in the 
 same county. §§ 3873, 3874, Rem.-Bal. 
 §5, art. 11, Const. 07-08:323. 
 
 6%. County commissioner appointed 
 to vacancy holds until following gen- 
 eral election. 03-04:263. 
 
 7. County commissioner's appoint- 
 ment is only until next general elec- 
 tion. 09-10:60. 
 
 8. County commissioner appointed to 
 vacancy holds until next election pro- 
 vided by law for the filling of the par- 
 ticular ofl^ce. 11-12:300. 
 
 9. Commissioner's removal from 
 county— effect of. % 4787, P. C. 
 
 09-10:158. 
 
 10. A county commissioner elected to 
 fill an unexpired term and successive- 
 ly for a. regular term is eligible for re- 
 election to a second regular term. 
 Const., art. 11, § 7. §§ 3869, 3872, Rem.- 
 Bal. 13-14:365. 
 
 11. Superior judge to act with board 
 of county commissioners In appointing 
 to a vacancy on the board. 03-04:161. 
 Duties and Powers — Meetings 
 
 12. .Motions at meeting of county 
 commissioners not seconded are no 
 part of the proceedings. 03-04:235. 
 
 13. Sessions of county commissioners 
 governed by provisions of act of Mar. 
 10, 1893. Vol. 2, Op., p. 32. 94-95:8. 
 
 14. Time of meeting of board of 
 county commissioners. Provisions of 
 section 1, act of March 9th, repealed 
 by section 1, act of March 10th. § 2667, 
 Code 1881. L,. '93, pp. 175, 253. 
 
 93-94:32. 
 
 15. Per diem for county commission- 
 ers. Act of 1893, ch. DXXV, limiting 
 session days of county commissioners, 
 does not apply to Grays Harbor 
 county. 07-08:440. 
 
 16. There are now but two classes of 
 meetings of board of county commis- 
 sioners — regular sessions, which may 
 be adjourned from time to time with- 
 out notice, and extra sessions, which 
 must be called with notice. § 3880, 
 Rem.-Bal. 13-14:65. 
 
 17. No conflict between duties of 
 county commissioner ex-officio road 
 supervisor, and county engineer. 
 §§ 3767, 3768, Bal. Code. 07-08:247. 
 
 18. The transaction of business at a 
 special session of a board of county 
 commissioners for which the notice 
 prescribed by § 3880, Rem.-Bal., was 
 not given, is illegal and void. 13-14:65. 
 
 19. Proceedings of county commis- 
 sioners omitted from the record may 
 be proved aliunde the record. 
 
 03-04:243. 
 
 20. County commissioners must per- 
 sonally bear the cost of their official 
 bonds. 11-12:44. 
 
 21. County commissioners not re- 
 quired to attend legislature in inter- 
 est of county legislation and are not 
 entitled to compensation or expense in- 
 curred in such attendance. 13-14:60. 
 
 21%. Order regulating saloon li- 
 censes made by a, board df county com- 
 
Digest of the Opinions of the Attorney General 
 
 11 
 
 C09IMISSI0IVBRS, COUIVTY — Contlnned 
 ttuties and PoTvers — Meetings 
 
 mlssioners not binding- on its succes- 
 sors. 07-08:57. 
 
 22. The county commissioners are 
 not authorized to levy taxes for horti- 
 cultural purposes. L. '13, oh. 61, § 14 
 repealing §3133, Rem.-Bal. 13-14:225. 
 
 23. County commissioners may not 
 employ themselves on road work but 
 are required to appoint supervisors ac- 
 cording to law. Ch. 246, L. '07. 
 
 07-08:27. 
 
 24. County commissioners have no 
 power to make appropriations for 
 county exhibits at expositions. 
 
 11-12:62, 13-14:462. 
 
 25. Commissioners may not reject all 
 bids for technical error in notice. 
 § 2692, P. C. 07-08:216. 
 
 26. Have no power to cause noxious 
 weeds growing on school lands of the 
 state to be destroyed and charge the 
 cost thereof to any fund of the county. 
 L. '13, ch. 106. 13-14:273. 
 
 27. County commissioners are em- 
 powered to purchase automobiles in 
 managing business of the county. 
 I 3890, Rem.-Bal. 13-14:338. 
 
 28. County commissioners have au- 
 thority to employ cruisers to cruise 
 timber for purpose of ascertaining 
 amount of timber subject to assess- 
 ment and to pay the expense thereof 
 from the current expense fund. 
 
 13-14:392. 
 
 29. The county commissioners have 
 no authority to call an election to de- 
 cide upon a new courthouse, when its 
 erection will not exceed the constitu- 
 tional limit of indebtedness. § 5085, 
 Rem.-Bal. 13-14:419. 
 
 30. A special power given to county 
 commissioners to establish a district 
 in which livestock shall not run at 
 large does not carry with it power to 
 rescind their action after having com- 
 pletely established such district. L. 
 •11, ch. 25. 13-14:411. 
 
 31. Authorization of county commis- 
 sioners to construct roads, etc., im- 
 plies discretion to purchase road-build- 
 ing machinery therefor. § 3890, Rem.- 
 Bal. Ch. 55, L. '11. 11-12:163. 
 
 32. County commissioners have no 
 authority to allow necessary expenses 
 of one of their number delegated by 
 
 them to apprehend an escaped pris- 
 oner. 13-14:512. 
 
 33. County commissioners cannot au- 
 thorize auditor to draw monthly war- 
 rants in payment of county assessor 
 and deputies.. 03-04:21. 
 
 34. Have no power to make appro- 
 priations for purpose of inducing of- 
 ficers in charge of survey of Palouse 
 irrigation project to make headquar- 
 ters in county. 13-14:240. 
 
 35. Authorized to issue a, license for 
 a ferry across a navigable stream 
 forming the boundary line between 
 two counties. §§ 5006, 4998, Rem.-Bal. 
 
 13-14:279. 
 Compensation 
 
 36. County commissioners entitled to 
 mileage in addition to salary. Code '81. 
 §2670. 91-92:170. 
 
 37. Salary of holdover commissioners 
 may not be increased during term of 
 office. 97-98:137. 
 
 38. Traveling expenses of commis- 
 sioner journeying to and from county 
 seat — entitled only 1^0 mileage. 
 
 91-92:49. 
 
 39. Commissioners in 14th to 29th 
 classes, inclusive, may charge mileage. 
 §340, vol. 1, Bal. Code. 01-02:162. 
 
 As to 21st class, see 01-02:182. 
 
 40. County commissioners acting as 
 ex-offlcio road supervisors are not en- 
 titled to extra compensation therefor. 
 §5577, Rem.-Bal. Op. 1905:100; Op. 
 1900:144. 11-12:63. 
 
 41. Extra services of commissioners 
 to be determined by superior court on 
 proper presentation of claims. §§ 4114, 
 4116, 4121, P. C. 09-10:179. 
 
 42. Mileage and compensation for 
 commissioners of 11th class counties. 
 
 09-10:202. 
 
 43. Commissioners may not charge 
 per diem and mileage both in coming 
 and leaving sessions. 99-00:52. 
 
 44. Commissioners of counties from 
 14th to 29th entitled to mileage ex- 
 penses in attending sessions. 99-00:4. 
 
 45. Attendance by a county commis- 
 sioner on the legislature in the inter- 
 est of county legislation does not en- 
 title him to the allowance of his ex- 
 penses. 13-14:60. 
 
 46. The per diem allowance to coun- 
 ty commissioners for attendance at ad- 
 
12 Digest of the Opinions of the Attorney General 
 
 COMMISSIONERS^ COUNTY — Continued 
 Compensatiou 
 
 journed sessions of the board need not 
 be passed upon by the Judge of the su- 
 perior court, since L. 1911, ch. 66, re- 
 quires tliat formality only in claims 
 for per diem for attending special, or 
 extra meetings. 13-14:65. 
 
 ■ 47. The salary of a county commis- 
 sioner will not be increased during his 
 terra, when the county is advanced to 
 a higher class. Const., art. 2, § 8. 
 
 13-14:538. 
 4S. Commissioners in 14th to 29th 
 classes only allowed as extra compen- 
 sation mileage for attendance on extra 
 sessions and on necessary county trav- 
 eling. L. '93, p. 175. 03-04:50,73. 
 
 CONGRESSMAN 
 
 (See Elections, 57.) 
 
 CONSTABLES 
 
 (See Pees, 85, 89.) 
 
 Non-salaried constables are not en- 
 titled to livery hire in serving war- 
 rants in criminal actions in addition 
 to statutory fees , and mileage. §§6530, 
 6548, Rem.-Bal. 13-14:255. 
 
 CONSTITUTION — AMENDMENT — 
 TREATIES 
 
 Unless a' treaty interferes with pro- 
 posed constitutional amendment relat- 
 ing to alien ownership of lands such 
 amendment is entirely within control 
 of state. 13-14:10. 
 
 CONTROL, BOARD OF 
 
 (See Girls, Incorrigible; Penitentiary, 
 17; Public Lands, 15.) 
 
 1. Chairman of state board of con- 
 trol is officer within meaning of siibd. 
 7, § 123, Bal. Code. 01-02:50. 
 
 2. Expenditure of all money appro- 
 priated for state buildings is under 
 jurisdiction of state board of control. 
 L. '01, p. 249. 07-08:76. 
 
 3. Are not officers liable to removal 
 only by impeachment. Act March 10, 
 1893. 97-98:114. 
 
 4. Pour gratuitous members of board 
 of audit and control to receive actual 
 traveling expenses. 97-98:182. 
 
 5. Voucher on board of control need 
 not be under oath. 01-02:42. 
 
 CORONERS 
 
 1. Coroners of other than first class 
 ■counties elected in 1912, whose ofBce 
 was abolished in 1914 by an act sub- 
 
 sequently declared unconstitutional, 
 were entitled to hold over to said of- 
 fices, subject to statutory require- 
 ments. § 4007, Rem.-Bal. 15-16:213. 
 
 2. Coroners holding over under the 
 unconstitutional act of 1914 abolishing 
 the office must requalify with new 
 bonds. § 4007, Rem.-Bal. 
 
 15-16:213. 
 
 3. Coroners are not entitled to fees 
 or salaries during term by which their 
 office was abolished by ch. 55, L. '13 
 (unconstitutional) and whose duties 
 were performed by other county of- 
 ficers. §1, ch. 55, D. '13. 15-16:213. 
 
 Compensation 
 
 4. Physician called by coroner to as- 
 sist at post-mortem entitled to reason- 
 able compensation. 01-02:286. 
 
 5. A county coroner is not allowed 
 compensation for making investigation 
 of death where no inquest is held, but 
 he may charge ten cents per folio for 
 report to county auditor and ten cents 
 per mile necessarily traveled. 
 
 13-14:56. 
 Duties 
 
 6. Coroner must determine propriety 
 of inquest in any given case. 
 
 07-08:152. 
 
 7. Coroners are to be governed by 
 the vital statistics a.ct in the disposi- 
 tion of dead bodies. Ch. 83, L. '07, 
 § 5423, Rem.-Bal. Ch. 163, L. '13. Ch. 
 180, L. '15. 15-16:205. 
 
 Inquest — Expense, Etc. 
 
 8. Expense of inquest on notorious 
 deaths, such as lynchings, not Justified. 
 § 246, vol. 1, Hill. 93-94:85. 
 
 CORPORATIONS 
 
 (See Insurance, 88-94; Taxation, 254. 
 259.) 
 
 Incorporation 
 
 1. Certificate issuing from office of 
 Secretary of State not to bear Federal 
 revenue stamp. 99-00:179. 
 
 2. Aliens may organize corporation 
 under provisions of this act. Ch. 134, 
 ^- '07. 09-10:171. 
 
 3. Corporations not organized for 
 profit may use the word "co-operative" 
 and may be incorporated under the 
 provisions of any law regulating cor- 
 porations. L. '13, oh. 19. 13-14:511. 
 
 4. Corporations for religious, chari- 
 table or social purposes may be 
 
Digest of the Opinions of the Attorney General 13 
 
 CORPORATIONS — Continued 
 Incorporation 
 
 formed though all the incorporators 
 are aliens, under § 3740 et seq., Rem.- 
 Bal. 13-14:74. 
 
 5. Washington State Art Associa- 
 tion certiflcate held to comply with ch. 
 134, L. "07. 07-08:458. 
 
 6. Ch. 158, L. '95, repeals § 1638, Hill, 
 and all amendments thereto. 97-98:97. 
 
 7. Certified copy of secretary's cer- 
 tificate of incorporation essential to 
 incorporation. § 6, ch. 158, L. '95. 
 
 97-98:93. 
 
 8. Word "limited" in title of corpo- 
 ration is ample means of identification. 
 
 97-98:92. 
 
 9. Articles of Holland Bank not in 
 compliance with the act. 97-98:91. 
 
 10. New York Conservatory of Music 
 held to be an educational association. 
 
 03-04:269. 
 
 11. A privately incorporated county 
 fair and producers' association, partly 
 supported by county funds, is a corpo- 
 ration liable for license fee. 
 
 03-04-276. 
 
 12. Incorporation when articles filed. 
 Not dependent on later "organization" 
 details. 97-98:312. 
 
 License — Fee 
 
 13. Secretary of State not to advise 
 foreign corporations as to necessity of 
 paying license fee. §§ 4289, 4291, Bal. 
 Code. 01-02:94. 
 
 14. Irrigation company organized for 
 profit must pay annual license fee. 
 §4289, Bal. Code. 01-02:20. 
 
 15. Pees provided for by §§ 1, 2, and 
 3, act of 1897, not repugnant to act of 
 1903. 03-04:198. 
 
 16. License fee for fractional year to 
 be paid in advance. L. '97, p. 135, § 5. 
 
 97-98:256, 01-02:29. 
 
 17. License to be refused until delin- 
 quent annual fees are paid. 01-02:26. 
 
 18. Annual license fee applies 
 whether corporation is "doing busi- 
 ness" or not. 03-04:315. 
 
 19. Corporations organized subse- 
 quently to June 30, 1898, liable for full 
 year's license fee. 97-98:256. 
 
 20. Ten dollars corporation tax is for 
 an annual period beginning July 1st of 
 each year. 97-98:89. 
 
 21. Domestic and foreign corpora- 
 tions liable for annual license fee 
 whether or not actually doing busi- 
 ness, as being a tax on the right to do 
 business. L. '97, p. 135. 03-04:220. 
 
 Articles — Filing of 
 
 22. Failure of foreign corporations 
 to comply with filing law does not void 
 its contracts. 09-10:29. 
 
 23. Foreign corporations may file in 
 the names of stricken corporations. 
 § 3680, Rem.-Bal. Ch. 41, L. '11. 
 
 11-12:45. 
 
 24. Secretary of State no discretion 
 to refuse filing for duplication of 
 names. 97-98:99. 
 
 25. Corporate name already appro- 
 priated precludes filing. 97-98:98. 
 
 Reversed. 97-98.:99. 
 
 26. Articles may be held pending re- 
 ceipt of total incorporation fees. % 6, 
 ch. 158, L. '95. 97-98:93. 
 
 27. Annual license fee not to be de- 
 manded as prerequisite of filing arti- 
 cles of incorporation. 97-98:90. 
 
 28. Copies of articles of incorporation 
 furnished by the Secretary of State 
 subject to statutory fees. §§ 3712, 
 3713, 8999, Rem.-Bal. 11-12:282. 
 
 29. Fee of $5.00 chargeable for filing 
 notice of substitution of corporation 
 agent. 11-12:282. 
 
 30. County auditor to collect fee of 
 thirty cents for filing articles of incor- 
 poration and list of corporate ofiicials. 
 § 3936, Rem.-Bal. 11-12:104. 
 
 Po«-ers 
 
 31. Present legislation sufBcient to 
 authorize anti-monopoly proceedings 
 (State V. Northern Securities Co.). Art. 
 12, §22, Const. • 01-02:274. 
 
 32. Foreign eleemosynary corpora- 
 tions are equally privileged with do- 
 mestic eleemosynary corporations. 
 §3720, Rem.-Bal. 11-12:298. 
 
 33. Shipping wagons into state for 
 sale a "doing business" by foreign cor- 
 poration. 09-10:29. 
 
 Stoclchoiaers, List of 
 
 34. Failure to keep list of stockhold- 
 ers subjects to prosecution by county 
 attorney. §§ 7070, 7071, P. C. 
 
 07-08:364. 
 
14 
 
 Digest of the Opinions of the Attorney General 
 
 CORPORATIONS — Continued 
 Dissolution — Strlklns 
 
 35. Notation of striking to be upon 
 index record. 09-10:151. 
 
 36. Secretary of State no authority 
 to retain name of defaulting corpora- 
 tion on rolls. 09-10:40. 
 
 37. A corporation whose name has 
 been striolcen from the records of the 
 Secretary of State has no power to ef- 
 fect a dissolution by corporate resolu- 
 tion. L. '11, ch. 41. § 3708, Kem.-Bal. 
 
 13-14:420. 
 
 38. A resolution by stockholders dis- 
 solving a corporation would not clear 
 the records of the Secretary of State 
 so as to allow a new corporation to 
 file papers under the same name. L. 
 '11, ch. 41. §§ 3715, 3715c, 3715d, Rem.- 
 Bal. 13-14:420. 
 
 39. Procedure of striking delinquent 
 corporations under § 3715d, Rem.-Bal., 
 repealed by implication. § 3715a, b, 
 and d, Rem.-Bal. 11-12:86. 
 
 40. Reinstatement of delinquent cor- 
 porations affirmed and procedure 
 therefor indicated. § 2, ch. 41, L. '11. 
 
 11-12:87. 
 
 41. Reinstatement of "stricken" and 
 dissolved delinquent corporations duly 
 indexed. § 3715, Rem.-Bal. § 1, ch. 41, 
 L. "11. 11-12:180. 
 
 42. Reinstatement fee of $20 charge- 
 able for each year that the delinquent 
 corporation has been stricken from the 
 records. § 2, ch. 41, L. '11. § 3716, 
 Rem.-Bal. 11-12:180. 
 
 43. Dissolved corporations improp- 
 erly reinstated under ch. 41, L. '11, are 
 without legal existence and are en- 
 titled to return of fees. Ch. 41, L. '11. 
 
 11-12:188. 
 
 44. Corporations in voluntary pro- 
 ceedings are dissolved upon entry of 
 decree of dissolution without further 
 proceeding. § 3714, Rem.-Bal. 
 
 11-12:350. 
 
 45. Non-essential differences in cor- 
 poration entitlement is merely eva- 
 sive. 97-98:91. 
 
 COSTS 
 
 (See Cities and Towns, 10; Crimes, 22, 
 23, 34; Fees, 26.) 
 
 County, Liability tor Costs 
 
 1. Change of venue costs are charge- 
 able at county to which case is re- 
 moved. § 4860, Bal. Code. 07-08:238. 
 
 2. County costs In condemnation pro- 
 ceedings recoverable against railroad 
 in court proceeding. § 564B, Bal. Code. 
 
 07-08:92. 
 
 3. Disbarment proceeding is not a 
 criminal proceeding by the state, and 
 counties are not entitled to be reim- 
 bursed for costs. §§ 2228, 2229, Rem.- 
 Bal. 13-14:346. 
 
 4. The state should not reimburse 
 counties for costs in cases of convic- 
 tion for felonies when sentence has 
 been suspended. §§ 2228, 2229, Rem.- 
 Bal. 10-11:148, 13-14:346. 
 
 5. County is liable to unsalaried jus- 
 tice for costs in misdemeanor cases 
 provided by § 3137, P. C. Amended oh. 
 121, L. '07. 07-08:359. 
 
 6. Cost bills of justice of peace to be 
 allowed only by county commission- 
 ers. §342, vol. 1, Bal. Code. 97-98:281. 
 
 State's lilablllty for Costs 
 
 7. Cost bill of the state in court pro- 
 ceedings indicate!}. 07-08:182. 
 
 8. No fees chargeable against the 
 state in proceedings brought in name 
 of state. 07-08:391. 
 
 9. "Successful conviction" for ad- 
 judication of state's costs is where ver- 
 dict and sentence have been rendered. 
 
 99-00:4. 
 
 10. State's liability for cost bill is 
 effective on conviction reversal in su- 
 preme court. 99-00:71. 
 
 11. In proceedings against the state 
 not to be charged against the state. 
 § 3028, 1 Hill. 97-98:139. 
 
 12. Defendant convicted but escaping 
 before sentence discharges state from 
 liability for the costs. § 1630, Bal. 
 Code. 09-10:148. 
 
 13. On conviction of felony in which 
 a new trial is granted, followed by a 
 second conviction, the costs of both 
 trials should be reimbursed to the 
 county. §§ 2228, 2229, Rem.-Bal. 
 
 13-14:346. 
 
 14. Costs on conviction of felony in 
 the trial court should be reimbursed 
 to the county by the state, although 
 
Digest of the Opinions of the Attorney General 
 
 15 
 
 COSTS — Continued 
 State's Ijiabllity for CoHts 
 
 the conviction was reversed on appeal. 
 99-00:71, 13-14:346. 
 
 15. Costs paid by a. defendant con- 
 victed of a felony should be reim- 
 bursed to the county by the state. 
 §§2228, 2229, Rem.-Bal. 13-14:346. 
 
 16. Verdict of "Not guilty by reason 
 of insanity" is verdict of not guilty, 
 relieving the state from all liability 
 for costs. 03-04:164. 
 
 17. Costs on convictions of felony in 
 which the sentence is either a fine or 
 imprisonment in Jail should be reim- 
 bursed to the counties by the state. 
 §§ 2228, 2229, Rem.-Bal. 13-14:346. 
 
 IS. The state should reimburse coun- 
 ties for costs in the following cases in 
 convictions for felonies: When sen- 
 tenced to pay a fine; when given a, 
 jail sentence; when costs are paid by 
 the defendant; when case is appealed- 
 and lost by the state, and when a new 
 trial is granted, the state should pay 
 costs of both trials. 13714:346. 
 
 19. On conviction of felony county 
 clerk to prepare cost bill, same to be 
 approved by prosecuting attorney and 
 superior judge. § 1630, Bal. Code. 
 
 03-04:162. 
 Miscellaneous 
 
 20. "Expenses" of prosecuting mis- 
 demeanor in § 3336, vol. 1, Bal. Code, 
 does not include cost bills. § 3336, Bal. 
 Code, vol. 1. 97-98:292. 
 
 COUNTIES 
 
 (See Agriculture, 1, 2; Alaska-Tu- 
 kon-Paciflc Exposition; Costs; Pairs; 
 Health, S-11; Highways; Law Library.) 
 
 Fiscal Management, Debt and Taxa- 
 tion — General County Funds 
 
 1. Repayment of purchase money of 
 certiiicate of delinquency when void to 
 be drawn on county current expense 
 fund. 99-00:87. 
 
 2. Overpayment to state by county 
 to be corrected by distribution of cur- 
 rent excess funds among the proper 
 county funds. 01-02:333, 03-04:212. 
 
 3. County can not loan funds to 
 banks under stipulated rate of inter- 
 est. 99-00:189. 
 
 4. Funds as tenders in civil proceed- 
 ings in hands of county clerks not 
 
 funds subject to bureau of inspection. 
 §§8347, 8351-8353, Rem.-Bal. 09-10:204. 
 
 5. County funds not to be turned in 
 every twenty-four hours, but on first 
 Monday of each month. § 4003, P. C. 
 
 09-10:22. 
 
 6. Distribution of county taxes to 
 various funds on deficiency collection 
 thereof subjects each and every fund 
 to proportionate reduction. 01-02:319. 
 
 7. Limitation of taxation by commis- 
 sioners indicated. § 9208, Rem.-Bal.; 
 Op. Aug. 5, 1910, p. 228. 11-12:172. 
 
 8. Surety company bond to be fur- 
 nished by depositary of county funds. 
 Ch. 51, L. '07. 07-08:163. 
 
 9. Current expense fund not liable 
 for bridge, etc., expense. 97-98:263. 
 
 10. Right of action on default funds 
 limited to two years. 94-95:48. 
 
 11. Balance of fund abolished by act 
 of 1897 to be deposited in county cur- 
 rent expense fund. 97-98:266. 
 
 12. Funds acquired by counties un- 
 der § 1, ch. 185, L. '07 (§ 9026%, Rem.- 
 Bal.) are to be divided between road 
 and school funds at the discretion of 
 the commissioners. § 3890%, Rem.- 
 Bal. 15-16:189. 
 
 13. Funds for one county purpose 
 may not be diverted to another. 
 
 07-08:291. 
 
 14. To validate county indebtedness 
 must be a special and not general elec- 
 tion. Ch. 79, L. '93. 94-95:6. 
 
 15. Annual financial statement of 
 county to be published by county at- 
 torney. § 398, vol. 1, Bal. Code. 
 
 01-02:128. 
 
 16. County funds may be deposited 
 in banks of outside county. 01-02:38. 
 
 17. Commissioners may not invest 
 county funds in securities of any kind. 
 
 99-00:43. 
 
 18. The statutory provision that 
 county commissioners shall make ap- 
 propriations for county fairs not later 
 than July 31st is directory and not 
 mandatory. § 3026, Rem.-Bal. 
 
 09-10:123, 13-14:240. 
 
 19. County debts incurred prior to 
 Rev. Act, 1897, payable from county in- 
 debtedness fund. § 1718, vol. 1, Bal. 
 Code. 97-98:297, 307. 
 
 20. Warrants on county current ex- 
 pense fund to, be redeemed by county 
 
16 
 
 Digest of the Opinions of the Attorney General 
 
 COUNTIES — Continued 
 Flscnl 'Mnnagreinent, Debt and Taxation 
 — Genernl County Funds 
 
 treasurer in order of issuance, regard- 
 less of year in which collected. § 62, 
 L. '97, Rev. Act. 97-98:269. 
 
 21. To validate county indebtedness 
 must be a special and not general elec- 
 tion. Ch. 79, L. '93. 94-95:6. 
 
 22. Borrowing and lending between 
 county funds prohibited. § 5, art. XII, 
 Const. 07-08:255. 
 
 (Also State Funds, see 97-98:204.) 
 
 23. Coupons attached to emergency 
 bond issue to be considered as general 
 fund warrants of county. 99-00:137. 
 
 24. Proceeds of sale of county prop- 
 erty, acquired by tax sales, etc., to be 
 distributed to county funds and local 
 taxing district funds. § 8708, P. C. Op. 
 April 2, 1903. 03-04:54. 
 
 26. Disposition of county funds as 
 "proceeds" of tax sales, etc., as be- 
 tween state and county. Ops. of April 
 2, 1903, April 14, 1903, March 31, 1903. 
 01-02:333, 03-04:75. 
 
 26. State is not liable for the cost of 
 transmitting funds from county to the 
 state. 99-00:167. 
 
 27. Settlement between counties and 
 state is the amount charged against 
 the county by state board of equaliza- 
 tion. 99-00:163. 
 
 Funds — Special 
 
 28. Interest on court house coupons, 
 Thurston county, to be 7 per cent at 
 time of maturity and presentment for 
 payment. 97-98:186. 
 
 29. Harbor improvement funds, au- 
 thorized at election of 1910, are not 
 subject to the redemption of warrants 
 issued by an independent but benefi- 
 ciary taxing district. 11-12:264. 
 
 Creation and Alteration 
 
 30. County clerks act, § 2754, Code 
 1881, repealed by Session Laws of 1893, 
 p. 76. 01-02:19. 
 
 31. County commissioners may de- 
 termine liy proof what county popula- 
 tion Is to authorize promotion in class 
 of county. 03-04:323. 
 
 32. Census by assessor may be made 
 basis of county classification. 
 
 01-02:292. 
 
 33. Census of 1900 ineffective to 
 change class of county owing to re- 
 
 peal of § 237, vol. 1, Hill, by L. '93, 
 p. 76. 01-02:8, 41. 
 
 34, Where there are two petitions 
 for the creation of a new county, each 
 providing different limits, the signa- 
 tures for the smaller territory cannot 
 be added to those for the larger prop- 
 osition, although the former may be 
 totally included in the territory pro- 
 posed by the latter. 13-14:36. 
 
 36. "Adjacent" defined. 07-08:462. 
 
 36, Classification of counties gov- 
 erned exclusively by Federal census. 
 
 91-92:130. 
 County Seat 
 
 37, Form for voting on removal of 
 county seat. 03-04:315. 
 
 Consolidation — Bflect on Debt 
 
 38, Property and debts of a parent 
 county are unaffected by the consoli- 
 dation therewith of another county, 
 except where specifically provided for 
 by statute. Ch, 89, L, '05, 07-08:2, 
 
 Government and Officers — Compensa- 
 tion and Official Bond 
 
 39, Limitation of amount of service 
 an officer may render not a change of 
 his compensation during term of serv- 
 ice, 94-95:63, 
 
 40, An officer of the county is not en- 
 titled to overtime payment, 
 
 03-04:122, 
 
 41, Salaries of officers in 18th class 
 not increased by § 1582, Bal, Code, 
 
 01-02:93, 
 
 42, Promotion of county from one 
 class to another does not increase sal- 
 ary of the then incumbent officials, 
 
 09-10:8, 
 
 Surety Bonds — Payment of Premiums 
 
 43, All counties in the state are au- 
 thorized to pay premiums or charges 
 for bonds given by surety companies 
 for appointive or elective offices, L, 
 ■13, ch, 49. 13-14:155. 
 
 44, Counties are not authorized to 
 pay the unearned portion of premium 
 on official bonds, where the individual 
 officer has paid same prior to the tak- 
 ing effect of the law. L. '13, ch. 49, 
 
 13-14:155. 
 
 45, Payment of premiums by coun- 
 ties on official surety bonds other than 
 that of treasurer not authorized, 
 § 1635, Bal, Code, 07-08:22, 
 
Digest of the Opinions of the Attorney General 
 
 17 
 
 COUNTIES' — Continued 
 Agents and Employees 
 
 46. "Wages of county laborers are not 
 subject to the provisions of § 6560, 
 Rem.-Bal. 15-16:314. 
 
 47. County employees receiving a. 
 flxed salary are not allowed compen- 
 sation for overtime. 07-08:16. 
 
 Bonds and Bonded Debt 
 
 4S. Special levy in addition to the 
 eight-mill limit may be had for inter- 
 est in bonded indebtedness. § 8, L. '90. 
 
 97-98:150. 
 
 49. Electors vote on amount in toto, 
 not on detail of levy by mills. 
 
 99-00:43. 
 Bonds — Sale 
 
 50. No authority for county commis- 
 sioners to issue' bonds to fund road 
 district indebtedness. 09-10:64. 
 
 51. Allowing accrued interest not a 
 sale of county funding bonds at par. 
 § 5, p. 39, L. '89-90. 93-94:48. 
 
 52. The county commissioners are 
 not authorized to issue bonds or con- 
 tract indebtedness for the purpose of 
 building new county roads under §5085, 
 Rem.-Bal. §§ 5086, 5094, Rem.-Bal. 
 
 13-14:217. 
 
 AVarrants — Xature of 
 
 53. Warrants are contracts between 
 holder and municipality and not sub- 
 ject to subsequent regulation. § 62, 63, 
 Rev. Act '97. 97-98:250. 
 
 Printing 
 
 54. Counties to furnish own blank 
 books and forms for registration of 
 physicians and dentists. Ch. 84, L. '99. 
 
 01-02:90. 
 
 55. Temporary suspension of news- 
 paper or removal from one part of the 
 county to another not an abandonment 
 of publication within the six months' 
 establishment requirement. § 370, Bal. 
 Code. 03-04:70. 
 
 56. "County printing" — Names and 
 addresses from nomination papers not 
 a printing within the contracted rate 
 for "county printing." § 4271, P. C. 
 §§8, 9, ch. 209, L. '07. 07-08:451. 
 
 57. County ofBcial paper not re- 
 quired by its contract to publish sum- 
 mons in foreclosure of certificate of 
 delinquency proceedings. 01-02:20. 
 
 57%. "County printing." Names and 
 addresses of nominees to be printed in 
 two papers representing parties cast- 
 ing largest vote. 07-08:451. 
 
 58. "Legal notice" defined. Applies 
 only to notices required to be issued 
 under direction of county officers. Vol. 
 1, Hill, §§2936, 2937, 2938. 91-92:220. 
 
 59. "Detail lists" under Rev. Act, 
 1897, to be furnished by counties out 
 of county current expense fund. 
 
 97-98:339. 
 
 60. "Entire charges" on last line of 
 § 23, p. 522, L. '95, not inclusive of 
 newspaper charges. § 23, p. 522, L. '95. 
 
 97-98:137. 
 
 61. County printing supplies not pur- 
 chasable outside of state. 97-98:301. 
 
 Road Fund, General 
 
 62. Mandamus against county will 
 not lie to compel special levy for gen- 
 eral road fund warrants. 97-98:154. 
 
 liocal Assessment Lien 
 
 63. Local assessment lien on prop- 
 erty struck off to the county at a tax 
 sale is thereby destroyed. § 40, ch. 98, 
 L. '11. 15-16: 176. 
 
 Road, Appropriations 
 
 64. Controlled by ch. 123, L. '93, to 
 the exclusion of ch. 98, L. '93. Ch. 123, 
 L. '93. 93-94:38. 
 
 Claims Against County 
 
 65. Claims against county may be 
 assigned. § 3918, Rem.-Bal. 15-16:165. 
 
 66. County auditor no authority to 
 reject claims against county on merit. 
 §182, vol. 1, Hill. 93-94:12. 
 
 Improvement by Contiguous Counties 
 
 67. County commissioners may pro- 
 tect county lands by expenditures 
 without the county. § 8120, Rem.-Bal. 
 
 09-10:111, 11-12:202. 
 COUNTY ASSESSOR 
 (See Assessors.) 
 
 COUNTY ATTORNEY 
 
 (See Prosecuting Attorneys.) 
 
 COUNTY AUDITOR 
 
 (See Auditor, County.) 
 COUNTY CLERK 
 
 (See Fees.) 
 
 COUNTY COMMISSIONERS 
 
 (See Commissioners, County.) 
 
18 
 
 Digest of the Opinions of the Attorney General 
 
 COURT COMMISSIONERS 
 
 See Judges, Superior Court, 12.) 
 COURT STENOGRAPHER 
 
 (See Pees, 18, 56; Stenographers.) 
 
 CRIMES 
 
 (See Actions; Animals, 12; Elections, 
 96; Pish, 119-123, 132; Game, 58-62.) 
 
 Animals, Cruelty to — Ball Forfeited 
 
 1. Bail forfeited In cases involving 
 prosecutions for cruelty to animals 
 should be transmitted to the State 
 Treasurer to be credited to the cur- 
 rent state school fund. §§ 5280, Rem.- 
 Bal. L. '01, ch. 146, § 15. 
 
 11-12:386, 13-14:166. 
 
 2. Adultery defined. L. '95, p. 371. 
 
 03-04:239. 
 
 Attempt to Commit Offiense — Penalty 
 
 3. In fljfing the penalty for an at- 
 tempt to commit a crime, which § 2661, 
 Rem.-Bal., declares shall he half the 
 longest term prescribed for the com- 
 pleted ofEense, the court determines 
 from the facts what would be a proper 
 maximum for the offense if it had 
 been completed, and imposes a sentence 
 for one-half of such period. 13-14:62. 
 
 Burglary — ^What Constitutes 
 
 3%. Burglary in first and second de- 
 gree defined. § 326, Crim. Code. 
 
 09-10:227. 
 Gambling 
 
 4. Persons allowing customers to 
 shake dice, play card games, etc., for 
 drinks, cigars, etc., or play at cards, 
 pool, billiards, etc., to determine which 
 one shall pay for the use of the table 
 or privilege cannot be held to have 
 opened, conducted, carried on or oper- 
 ated such games, in capacity of either 
 owner, manager, agent, dealer or em- 
 ployee and are not common gamblers 
 within meaning of §2469, Rem.-Bal.; 
 but are subject to prosecution under 
 § 2474, Rem.-Bal. 13-14:98. 
 
 5. Social card parties at which win- 
 ners are given prizes at the expense 
 of the persons giving the parties is 
 not gambling within terms of § 2469, 
 Rem.-Bal. 13-14:98. 
 
 Incest 
 
 6. The only enactment in force de- 
 fining and punishing the crime of in- 
 cest is § 2455, Rem.-Bal. §§ 2304, 7151, 
 Rem.-Bal. §§ 7228, 7229, Bal. Code. 
 
 13-14:510. 
 
 I<ottery — Chances With Purchases of 
 Goods 
 
 7. Chances on an automobile with 
 the purchase of groceries is a lottery. 
 § 2464, Rem.-Bal. 15-16:274. 
 
 Trespass — Tide Lands — Posting 
 
 8. The posting of notices against 
 trespassers merely along the shore 
 lines of second-class tide lands is not 
 sufilcient to render hunters thereon 
 guilty of criminal trespass. L. '13, ch. 
 139. 13-14:360. 
 
 Insurance — Illegal Solicitation of 
 
 9. Violation of fire solicitation laws 
 to be prosecuted by county attorneys. 
 
 99-00:169. 
 Kidnapping — What Constitutes 
 
 10. Kidnapping under § 8, Criminal 
 Code 1909, defined. 09-10:83. 
 
 Quaraiitlne, Breaking of 
 
 11. Breaking quarantine subject to 
 criminal prosecution. 01-02:14. 
 
 Jurisdiction 
 
 12. Trial before justice of peace re- 
 sulting in acquittal is bar to trial for 
 same ofEfense before another Justice. 
 §9, art. 1, Const. 01-02:68. 
 
 13. Justices of the peace have Juris- 
 diction of assault and battery cases 
 to impose any statutory punishment. 
 
 99-100:108. 
 
 14. Venue of homicidal act begun in 
 one county and consummated in an- 
 other to be in county where begun. 
 
 99-00:138. 
 
 15. Defendant in criminal proceeding 
 may not be tried outside of precinct 
 before the "next nearest Justice." 
 
 ■ 99-00:89. 
 
 16. Jurisdiction of offense' before Jus- 
 tice of the peace is in precinct of resi- 
 dence not of the crime. 99-00:72. 
 
 17. Dismissal of a criminal action, 
 after impaneling of a. Jury, to correct 
 mistake of name in an information, 
 does not support a plea of former 
 Jeopardy. 11-12:38. 
 
 18. Conviction in police court of 
 fourth-class city presiding Judge of 
 which is not a regularly elected Jus- 
 tice is valid. 97-99:133, 99-00:57. 
 
 19. Convict to be proceeded against 
 by information and writ of superior 
 court to produce prisoner. 94-95:11. 
 
Digest of tfie Opinions of the Attorney General 
 
 19 
 
 CRIMISS — Continued 
 Jurisdiction 
 
 20. Defendant arrested in Asotin 
 county for crime in Garfleld county to 
 be tried in Asotin county on given 
 statement of facts. § 1195, 2 Hill. 
 
 97-98:183. 
 
 21. Prisoners captured in foreign 
 county are prisoners of the county of 
 the crime and said county is liable for 
 care of such prisoners while in county 
 of capture. 94-95:8. 
 
 Cost Bill 
 
 22. Expense of extra-judicial action 
 in State v. "Webster not allowable. 
 
 99-00:152. 
 
 23. Expense of extra guard to ac- 
 company defendant to State Reform 
 School not an authorized cost. 
 
 99-00:89. 
 Elvidence 
 
 24. Justices of the peace to be sat- 
 isfied "beyond a reasonable doubt" in 
 offenses against Sunday closing law 
 as for other misdemeanors. 97-98:143. 
 
 Sentence — maximum and Minimum 
 
 2?. Act of 1909 as to minimum and 
 maximum sentences repeals by impli- 
 cation previous like statutes and is 
 controlling. §§ 2301, 2195, 2281, Rem.- 
 Bal. 11-12:351. 
 
 26. Court cannot modify sentence af- 
 ter commitment to penitentiary. 
 
 97-98:183. 
 
 27. Six months as a minimum and 
 "not more than the maximum" is 
 proper in sentences to the State Re- 
 formatory. § 2195, Rem.-Bal. 
 
 11-12:57. 
 
 28. "Indeterminate sentences" defined. 
 §1, ch. 155, L. '07. 07-08:424. 
 
 29. Maximum and minimum sen- 
 tences defined. § 8, ch. 1, L. '07. 
 
 07-08:197. 
 
 30. Prisoner held in penitentiary for 
 "safekeeping" begins service of his 
 sentence from date of return of re- 
 mittitur. §1, L. '03, p. 39. 07-08:84. 
 
 Commutation of Sentence 
 
 31. Ch. 167, Laws of 1913, in no way 
 affects the legal status of a person 
 tried and convicted of murder in 1909, 
 under § 1 of ch. 69, Laws of 1891, the 
 law then in force; and said section 
 gives direct, authority to the Governor 
 to commute the punishment of death 
 
 to imprisonment for life in the peni- 
 tentiary. 13-14:195. 
 
 32. The right to commute a, death 
 penalty to imprisonment given by the 
 law under which conviction was had 
 is not affected by an amendatory law 
 taking effect after final judgment. 
 §§ 2392, 2726, 2006, Rem.-Bal. L. '13, 
 ch. 167. 13-14:195. 
 
 Appeal 
 
 33. Prisoners not to be detained in 
 state penitentiary pending appeal. 
 §6629, Bal. Code. 07-08:84. 
 
 34. Costs pending appeal chargeable 
 to the county of conviction and not to 
 the state. 97-98:135. 
 
 Appeal — Effect of, on Sentence 
 
 35. Failure to secure new trial on 
 appeal does not entitle appellant to 
 deduction of time allowed in securing 
 new trial. § 1447, vol. 2, Hill. 
 
 94-95:61. 
 
 36. Prisoners sentenced prior to en- 
 actment of § 6934, Pierce's Code, en- 
 titled to credit in his sentence for 
 period confined in county Jail pending 
 appeal. § 6529, Bal. Code. § 6934, P. C. 
 
 07-08:40. 
 
 37. Confinement pending appeal to 
 be deducted from sentence and bal- 
 ance to be basis of commutation for 
 good behavior. § 1160, vol. 1, Hill. 
 §2749, vol. 1, Bal. 97-98:310. 
 
 Commitment 
 
 38. Commitment to issue a, "reason- 
 able time" after conviction regardless 
 of ninety-day appeal term. § 1745, 
 Rem.-Bal. § 2207, Rem.-Bal. 11-12:212. 
 
 Punishment — Commutation for Good 
 Conduct 
 
 39. Commutation for good behavior. 
 
 94-95:45, 01-02:122, 97-98:340. 
 
 40. Discharge of prisoner, ch. 155, L. 
 '07, wholly repealed by ch. 249, L,. '09. 
 
 09-10:25. 
 
 41. Computation for good behavior 
 on successive sentences. 01-02:368. 
 
 Pardon and Parole 
 
 42. Parole applies to manslaughter. 
 
 99-00:27. 
 
 43. jurisdiction of board of control 
 to parole and deduct for "good time" 
 Indicated. 07-08:197. 
 
 44. Governor may remit forfeiture 
 entered on bail bond. Art. 13, § 11. 
 
 09-10:147. 
 
20 Digest of the Opinions of the Attorney General 
 
 CRIMES — Continued 
 Pardon and Parole 
 
 45. Governor is not bound by the 
 board of pardons. 99-00:19. 
 
 46. Convicts cannot be released on 
 parole prior to the expiration of their 
 minimum sentence and placed under 
 the control of the state highway com- 
 missioner. § 2282, Rem.-Bal. 13-14:134. 
 
 47. Governor no authority to pardon 
 for violation of city ordinance. 
 
 09-10:156. 
 Re'n'ards 
 
 48. Arresting officer entitled to re- 
 ward though defendant is convicted 
 for crime other than for which ar- 
 rested. 01-02:31. 
 
 49. Tracy reward payable from ap- 
 propriation of 1903. 03-04:179. 
 
 50. Informer upon whose informa- 
 tion the police act is entitled to the 
 reward as against the officer actually 
 making the arrest. 99-00:60. 
 
 51. Reward for apprehension of 
 criminal continues so long as the stat- 
 ute of limitations is effective. 
 
 03-04:287. 
 
 52. One causing the arrest of a fugi- 
 tive for whose apprehension a reward 
 is offered, but in ignorance of such re- 
 ward, is entitled thereto. 03-04:326. 
 
 Punishment 
 
 53. Time during which fugitive 
 breaking jail is absent not to be de- 
 ducted from sentence. 03-04:31. 
 
 54. Where a convict violated his pa- 
 role and was "declared an escape" un- 
 der the terms of Laws of 1907, ch. 155, 
 extending the term of imprisonment, 
 the subsequent repeal of such statute 
 would not affect its operation, in view 
 of the saving clause in the repealing 
 statute, which declares prior offenses 
 were to be punished according to the 
 law existing when they were com- 
 mitted. 13-14:106. 
 
 County Prisoners to Be Worked 
 
 55. County prisoners may be worked 
 at a greater distance than Ave. miles 
 from the jail. |§ 3895, 3896, 3897, Rem.- 
 Bal. 15-16:181. 
 
 56. County prisoners may be worked. 
 I 8494, Rem.-Bal. 15-16:181. 
 Convict Labor — Failure to Approiirlnte 
 
 Ij^xpenses 
 
 57. Failure of the legislature to ap- 
 propriate for expenses of convict labor 
 
 under ch. 138, L. '03, does not em- 
 power counties to use such labor at its 
 expense for material, etc. Op., March 
 7, 1903. 07-08:111. 
 
 58. During the period of his mini- 
 mum sentence a convict owes his time 
 and labor to the state and he is not 
 entitled to any pay for his labor. 
 
 13-14:134. 
 DAIRIES 
 
 (See Pood Laws.) 
 
 DAIRY COMMISSIONIBR 
 
 (See Food Laws; Printing, 13.) 
 
 DAY NURSERY 
 
 County commissioners have no au- 
 thority to appropriate funds for the 
 support of a private day nursery. 
 §§3890, 8377, Rem.-Bal. 11-12:277. 
 
 DEAD BODIES 
 
 (See Coroners, 7; Undertakers, 1.) 
 
 DEAF, SCHOOL, FOR 
 
 Salary of successor in school for deaf 
 to begin at minimum and not at prede- 
 cessor's salary. 91-92:5. 
 
 DEEDS, COMMISSIONER OF 
 
 State has no authority to appoint a. 
 commissioner of deeds in foreign coun- 
 tries. 03-04:179. 
 
 DEFECTIVE CHILDREN 
 
 1. Feeble-minded children to be com- 
 mitted to home for feeble-minded at 
 county expense. 07-08:278. 
 
 2. A feeble-minded child of Indian 
 parents who have not severed their tri- 
 bal relations is not entitled to admis- 
 sion to the state institution for the 
 feeble-minded. L. '13, ch. 173, § 2. 
 
 13-14:449, 09-10:23, 
 
 3. State school for defective youth 
 open only to bona flde residents of 
 state. 99-00:16. 
 
 4. A minor epileptic is not eligible to 
 school for defective youth unless other- 
 wise defective according to statute. 
 
 03-04:107. 
 
 5. Counties to bear expense of cloth- 
 ing and shoes of children at defective 
 school. §2589, Bal, Code, 97-98:302, 
 
 DEli'ICIENCY CERTIFICATE 
 
 State auditor may not issue deficiency 
 certificates, 01-02:410. 
 
 DELINaUENCY CERTIFICATES 
 
 (See Taxation.) 
 
Digest of the Opinions of the Attorney General 
 
 21 
 
 DELINQUENT CHILDREN 
 
 (See Juvenile Court; Schools, 335.) 
 
 DENTISTS 
 
 Dentists' certificates are to be filed 
 with the county auditor under §§ 8417, 
 8418, 8420, 8422, Rem.-Bal., and not with 
 county clerk under § 2544, Rem.-Bal. 
 
 15-16:49. 
 DEPOSITIONS 
 
 (See Evidence.) 
 
 DESK SUPPLY FUND 
 
 Defined. L. '97, p. 205. 01-02:15 
 
 DISTRICT ATTORNEY 
 
 (See Prosecuting Attorney.) 
 
 DIVORCE 
 
 (See Fees, 20, 40.) 
 
 DOGS 
 
 License by Counties 
 
 Boards of county commissioners have 
 no police power to impose dog licenses. 
 Const., art. 11, §2. 07-08:101. 
 
 D09IICILE 
 
 Defined. 01-02:25. 
 
 DONATION CLAIMS 
 
 (See Public Lands, 97-99.) 
 
 DRAINAGE AND DIKING DISTRICTS 
 
 (See Elections, 13, 14, 24; Taxation, 
 50.) 
 
 Drainage Asses-sments — Indian Lands — 
 Validity 
 
 1. Drainage benefits assessed against 
 land held by the United States in trust 
 for an Indian patentee are void, but the 
 drainage district has no power to can- 
 cel the assessments. Act of Congress, 
 July 4, 1884. 13-14:508. 
 
 2. Owners of property can pay one- 
 lialf of their drainage district assess- 
 ments in the same manner as provided 
 for installment payment of general 
 taxes without penalty of delinquency. 
 L. '13, ch. 176, § 13, § 9219, Rem.-Bal. 
 
 13-14:423. 
 
 3. Assessments to pay interest cou- 
 pons on drainage district bonds should 
 be kept in separate funds and applied 
 to the payment of the coupons for the 
 year in which they become due accord- 
 ing to their order of issuance. § 4170, 
 Rem.-Bal. 13-14:519. 
 
 4. No rebates can be allowed on in- 
 stallments of drainage district assess- 
 ments by payments on or before March 
 15, under the tax rebate law. L. '13, 
 ch. 176, §§ 17, 31. § 9219, Rem.-Bal. 
 
 13-14:423. 
 Dllilng Districts 
 
 5. Accrued assessment on diking dis- 
 trict to be paid by purchaser. L. '05, ch. 
 127. L. '07, oh. 74. , 07-08:433. 
 
 6. Diking commissioners should own 
 land in the district in which they seek 
 election. 15-16:236. 
 
 DRUGS AND DRUGGISTS 
 
 (See Pharmacy; Intoxicating Liquors, 
 118.) 
 
 1. Sale of blue vitriol by grocers not 
 a violation of the pharmacy act. L. 
 '91, ch. 153, § 1. 91-92:154. 
 
 2. The sale in original packages of 
 strychnine brought into the state may 
 be regulated by law without being an 
 infringement of the interstate com- 
 merce clause. Rem.-Bal., §§ 2508, 8457, 
 8459. 13-14:401. 
 
 EIGHT-HOUR LAW 
 
 (See Master and Servant, 7, 8, 10.) 
 
 1. No eight-hour law in the state 
 (1897). 97-98:180. 
 
 2. Employees of road supervisors on 
 county roads within the Act. .L. '03, p. 
 51. 07-08:284. 
 
 3. Workmen specially employed re- 
 moving noxious weeds within the stat- 
 ute. Op., April 22, 1911. 11-12:90. 
 
 4. Claims for labor on county work 
 based on ten hours' work, though re- 
 ported as of days instead of hours, are 
 void. § 6575, Rem.-Bal. . 11-12:48. 
 
 5. Employees of Western Washing- 
 ton Hospital for Insane not within the 
 act. 97-98:158. 
 
 6. A public officer who wilfully em- 
 ploys a workman upon public work 
 for more than eight Hours in any cal- 
 endar day, except in cases of emerg- 
 ency, would render himself subject to 
 criminal prosecution. L. '99, ch.lOl, § 1. 
 L. '03, ch. 44. §§ 2268, 2570, Rem.-Bal. 
 
 11-12:40, 48, 90, 13-14:487. 
 
 7. Capitol building employees within 
 the act. § 3322, Bal. Code. 07-08:177. 
 
 8. Employees of municipalities other 
 than manual laborers are not within 
 the act. §§ 6572-6574, 6575-6577, Rem.- 
 Bal. 07-08:40. 
 
22 
 
 Digest of the Opinions of the Attorney General 
 
 BIGHT-HOUR LAW — Contlnnca 
 
 9. A public officer wlio wilfully em- 
 ploys workmen upon public work for 
 more than eight hours a day, except in 
 cases of extraordinary emergency, is 
 guilty of malfeasance in office. § 6575, 
 Rem.-Bal. 13-14:487, 503. 
 
 10. State or political subdivision 
 thereof is within the law. § 5978, P. C. 
 
 09-10:198. 
 
 11. Does not apply to state employes 
 at hatcheries. 99-00:53. 
 
 12. Claims for extra time to be pros- 
 ecuted by claimants at their own ex- 
 pense. Li.- '03, ch. 44. 03-04:262. 
 
 13. Employment of female employees 
 in excess of eight hours per day under 
 guise of attendance on a school of 
 salesmanship is illegal. L. '11, cl). 37, 
 §1. 13-14:447. 
 
 14. "Time register records" are ad- 
 missible as evidence in prosecution of 
 an employer for violating the eight- 
 hour law for women without being 
 subject to objection as self-incrimin- 
 atory. 13-14:158. 
 
 15. Women employed in "mechanical 
 or mercantile establishments." L. '11, 
 ch. 37. 11-12:78. 
 
 EliECTIONS 
 
 (See Auditor, County, 1; Indians, 11; 
 Initiative and Referendum; Judges, Su- 
 perior, 1-4; Schools, 121-133.) 
 
 Elections — Ordering Election and No- 
 tice 
 
 1. Elections should be held though 
 no nominations have been made. 
 
 07-08:271. 
 
 2. Notice of election for certain ob- 
 jects and "for strictly county purposes" 
 held sufficient. 09-10:102. 
 
 3. Voting bonds for water worlcs a 
 special election r.equiring registration. 
 
 01-02:377. 
 
 Qunllflcations of Voters — Sex 
 
 4. Women not entitled to register 
 prior to December 6, 1910. § 4766, Rem.- 
 Bal. 09-10:238. 
 
 Qunliflcations of Voters — Indians 
 
 5. Indians not taxpayers but who are 
 citizens of the United States are eligible 
 to vote. Const., art. 6, §1. 15-16:319. 
 
 duallUcntlons of Voters — Residence 
 
 6. Thirty days continuous residence 
 in the precinct is necessary prerequisite 
 of voting. 11-12:358. 
 
 7. State College students voting at 
 Pullman city election are subject to 
 domiciliary laws governing voters' 
 qualifications. Const., art. 6, § 1 
 
 07-08:310. 
 
 8. Employe of United States govern- 
 ment may qualify as resident. Const., 
 art. 6, § 4. 03-04:26. 
 
 9. Persons residing in precincts sub- 
 sequently merged into a federal mili- 
 tary reservation are thereby disquali- 
 fied to vote. Const., art. 6, I 4. 
 
 01-02:380, 15-16:346. 
 
 10. One year's residence in the state 
 necessary qualification. Const., art. 6, 
 §1. 07-08:506. 
 
 11. Laborers employed on military 
 reservations not qualified voters. 
 
 01-02:380. 
 
 12. Residence of public officers serv- 
 ing the state or nation to be in home 
 county for purposes of voting. 
 
 97-98:348. 
 Qualifications of Voters — Property 
 Qualifications 
 
 13. Ownership of land is a prerequi- 
 site to voting at a diking district elec- 
 tion. §4095. Rem.-Bal. 15-16:236. 
 
 14. Property qualifications for voter 
 of diking district unconstitutional. 
 Const., art. 6, § 1. L. '01, p. 284. 
 
 07-08:54. 
 Regrlstratlon of Voters 
 
 15. Statement of exact age of voter 
 not essential to valid registration. Op. 
 Feb. 27-11. 11-12:227. 
 
 16. Registration books in fourth- 
 class cities to be maintained. 
 
 07-08:413. 
 
 17. Registration of voters not modi- 
 fled by new primary law. § 12, ch. 118, 
 L,. '07; § 1, p. 414, L. '90. 07-08:257. 
 
 18. Incorporated towns of fourth 
 class to open registration books 
 whether voting population is 250 or 
 less. §§ 4889, 4890, P. C. 03-04:155. 
 
 19. Registration in Chelan and Lake- 
 side precincts indicated. § 1446, Bal. 
 Code. 01-02:379. 
 
 20. Failure to appoint registration 
 clerk does not invalidate election 
 
Digest of the Opinions of the Attorney General 
 
 23 
 
 KLBCTIONS — Continued 
 Registration of Voters 
 
 where total vote of precinct would not 
 affect result. 09-10:102. 
 
 21. Registration of foreign-born 
 voters who were electors prior to 1889 
 not required to produce naturalization 
 papers. 97-98:344. 
 
 22. Registration in city districts of 
 less than 250 voters. 91-92:218. 
 
 23. All expense of registration 
 whether in urban or rural precincts 
 to be charged against the county. 
 
 91-92:30. 
 
 24. Registration is not a prerequi- 
 site to voting at an election for diking 
 commissioners. §§ 4095, 4096. Chs. 84, 
 139, L. "15. Op., Feb. 1, 1916. 15-16:236. 
 
 25. Port district election not an elec- 
 tion requiring votihg thereat to main- 
 tain registration. § 4771-2, Rem.-Bal. 
 §11, ch. 16, L. -15. 15-16:374. 
 
 26. Cleric of a city or town may be 
 appointed registration ofBcer for a part 
 of a precinct outside the corporate 
 limits of such city or town. ■§§ 4758, 
 4762, Rem.-Bal. 15-16:201. 
 
 27. Appointments of registration of- 
 ficers to vacancies are to be made 
 with the statutory notices required un- 
 der original appointments. § 5, ch. 16, 
 L,. '15. 15-16:272. 
 
 S8. Registration books in precincts 
 outside incorporated cities may not be 
 transferred from the appointed place 
 of registration. §§4762, 4763, 4765, 
 Rem.-Bal. Ch. 16, L. '15. 15-16:317. 
 
 Nominations — By Political Parties In 
 General 
 
 29. Defeated primary candidates may 
 be nominated at convention under 
 §4931, P. C. 07-08:419. 
 
 30. Next highest candidate does not 
 succeed on ineligibility of candidate 
 elected. § 22, ch. 209, L. '07. 07-08:529. 
 
 31. Party polling more than ten per 
 cent vote cannot nominate by conven- 
 tion. §26, ch. 209, L. '07. 07-08:477. 
 
 32. One defeated at the primaries 
 not prevented thereby from running 
 on convention ticket. L. '01, p. 186, § 1, 
 subd. 6. ' 07-08:249. 
 
 33. Person ineligible to vote at elec- 
 tion by residence disqualification is not 
 eligible for office. - 03-04:295. 
 
 34. Properly qualified organization 
 may nominate for justice of supreme 
 court. 09-10:232. 
 
 35. "Independent Reform Party" not 
 entitled to place on ballot, failing to 
 nominate "full ticket." 97-98:345. 
 
 36. Nomination and election of United 
 States senators should be made in the 
 same manner as congressmen at large 
 under the general election laws. 
 §§ 4804-4843, Rem.-Bal. Act of Con- 
 gress, June 4, 1914, §2. 13-14:492. 
 
 Nominations — By "Sticker" 
 
 37. Nominee by stickers or writing 
 in of name must pay the filing fee and 
 return his election expense account. 
 §§ 4830, 4834, Rem.-Bal. 11-12:336. 
 
 Nominations — Certificates of 
 
 38. Certificate of nomination to be 
 filed with Secretary of State thirty 
 days prior to election. 01-02:393. 
 
 39. Declination of nomination may 
 be reconsidered within time fixed for 
 filing certificates in first instance. . 
 
 09-10:94. 
 
 40. Certificate of nomination by 
 «ounty convention filling a vacancy to 
 show same was authorized by conven- 
 tion. §1359, Bal. Code. 01-02:403, 405. 
 
 Nominations — Declarations, Filing of 
 
 41. Pees to be paid by candidates for 
 unsalaried ofl5ces. 07-08:518. 
 
 42. Declarations to be considered as 
 filed simultaneously and precedence 
 determined by lot. 07-08:472. 
 
 43. Declarations of candidacy may 
 not be accepted on the Monday fol- 
 lowing a Sunday, Sunday being the 
 last filing day. §§ 4806, 4807, 4808, 
 Rem.-Bal. 11-12:287, 07-08:480. 
 
 44. Piling of certificate of nomina- 
 tion of socialist labor party (1904). 
 
 03-04:316. 
 
 45. Sunday being the last filing day 
 for declarations of candidacy does not 
 make the Monday following the legal 
 substitute. §§ 4806, 4807, 4808, Rem.- 
 Bal. 11-12:287. 
 
 46. Disposition of state candidate 
 fees payable to State Treasurer. § 5, 
 ch. 209, L. '07. 07-08:496. 
 
 Primary Ejections — Declarations, Fil- 
 ing of 
 
 47. Secretary of State may not ac- 
 cept any declaration of candidacy ten- 
 
24 
 
 Digest of the Opinions of the Attorney General 
 
 ULSCTIONS — Continued 
 
 Primary Elections — Declarations, Fil- 
 ing of 
 
 dered for filing more than sixty days 
 prior to the primary. 07-08:75. 
 
 Primary — Nominations, ]]]te. 
 
 48. Primary election law construed. 
 §§22, 33. 07-08:503. 
 
 49. Provisions of general election 
 laws so far as practicable apply to 
 primary. 07-08:517. 
 
 50. Primary law in its application to 
 elections in third-class cities. § 6, Pri- 
 mary Law. 07-08:251. 
 
 51. "Two weeks" under § 3, Primary 
 Law, defined. § 4790, Bal. Code. 
 
 07-08:256. 
 
 52. Party qualifications under Pri- 
 mary Election Laws indicated. 
 
 07-08:129. 
 B3. "Two weeks" as pertains to pri- 
 mary election law is determined by 
 the usual rule of computing time. § 3, 
 Primary Law. 07-08:135. 
 
 54. Parties whose candidates received 
 ten per cent of the votes cast are en- 
 titled to separate primary election tic- 
 ket. 07-08:98. 
 
 55. Cities not of the fourth class are 
 within the primary law. 07-08:98. 
 
 56. Vacancy in legislature subse- 
 quent to session does not call for spe- 
 cial election superseding primary law. 
 §§ 6898, 4783, 4805, Rem.-Bal. Art. II, 
 § 15, Const. 11-12:303, 305. 
 
 57. Eight or more candidates neces- 
 sary for "second choice" in oflUce of 
 congressman-at-large. § 4822, Rem.- 
 Bal. 11-12:318. 
 
 58. Nominations of county commis- 
 sioners — nomination under primary law 
 from entire county. 07-08:467. 
 
 59. "Total vote cast" to determine 
 eligibility to participate in primary 
 election defined as "highest vote cast 
 for any ofllce or proposition." §§ 4830, 
 4809, Rem.-Bal. 11-12:295, 306. 
 
 60. Primaries' elections are not "gen- 
 eral elections" within the act requir- 
 ing voting thereat in order to retain 
 registration. Ch. 16, L. '15. 15-16:331. 
 
 Primary — Ballot 
 
 61. "Stickers" in primary construed. 
 
 07-08:507. 
 62 "Stickers" are at primaries au- 
 thorized. §4952, P. C. 07-08:498. 
 
 63. Nomination under primary law 
 may be made by stickers or writing 
 in. 07-08:273. 
 
 64. When there are no contests for 
 an office, candidates' names should ap- 
 pear nevertheless on primary ballot. 
 
 07-08:272. 
 E^lectlon Day 
 
 65. Criminal statute closing saloons 
 on "general election" days not extend- 
 ed by reference to primary elections. 
 L. '91, p. 124. 07-08:313. 
 
 66. Primary election day is not a 
 legal holiday. § 61, Rem.-Bal. 
 
 11-12:331. 
 
 Ballots — Form and Contents (Voting 
 Machines) 
 
 67. Constitutional amendment cannot 
 be segregated upon the ballot but 
 must be printed as provided by stat- 
 ute. §3, ch. 42, L. '11. 11-12:337. 
 
 68. Candidates' priority upon ballot 
 determined by the respective number 
 of votes. § 1, ch. 101, L. '11. 11-12:337. 
 
 69. Initiative and referendum meas- 
 ures may not be used on voting ma- 
 chines unless ballot titles appear on 
 the labels of such machines. §§ 2, 20, 
 ch. 138, L. '13. Ch. 58, L. '13. 
 
 15-16:364. 
 
 Indication of Choice by Voter 
 
 70. A ballot marked X after the 
 party designation and two candidates 
 are to be voted for for a particular 
 office and a. candidate under another 
 party designation is marked X for 
 such office, only the names so marked 
 will be counted. 13-14:539. 
 
 71. A voter marking his ballot for 
 a, party vote, and then putting an X 
 opposite the name of a candidate of 
 another party for an office for which 
 two must be elected, must also put an 
 X after one of the names on his party 
 ticket for the same office, otherwise he 
 would lose one vote for that office. 
 §4899, Rem.-Bal. 13-14:539. 
 
 72. The effect of a general party 
 vote is nullified where a voter 
 scratches his ballot as to a. particular 
 office and for such office votes should 
 be counted for such candidates only 
 as are designated by an X. § 4899, 
 Rem.-Bal. 13-14:539. 
 
 73. Cross in circle votes whole 
 ticket. § 1370, vol. 1, Bal. Code. 
 
 01-02:404, 408. 
 
Digest of the Opinions of the Attorney General 
 
 25 
 
 EliECTIONS — Contlnuea 
 Indication of Choice by Voter 
 
 74. Only one choice to be indicated 
 for United States senator. 09-10:230. 
 
 "Stickers" — ^Writing In 
 
 75. Nominee by sticlcer or writing in 
 is the candidate of that party though 
 he elects to have his name appear in 
 column of opposite party. §§ 4843, 
 4893, 4828, Rem.-Bal. 11-12:339, 343. 
 
 76. Nomination for supreme court 
 may be made either by stickers or 
 writing in of names. §§ 4842, 4899, 
 Rem.-Bal. Ch. 101, L. '11. 11-12:359. 
 
 77. Auditor is the proper officer to 
 fill vacancy caused by the death of a 
 presidential elector by issuance of 
 stickers. §§ 4803, 4889, Rem.-Bal. Op., 
 13-14. 15-16:370. 
 
 78. "Long and short terms" state- 
 ment not necessary for council candi- 
 dates. 07-08:401. 
 
 79. Change of name of a party prop- 
 erly made does not dlscLualify from 
 appearing on ballot. 07-08:343. 
 
 80. The county auditor may in his 
 discretion inquire into facts disquali- 
 fying a candidate for office and refuse 
 to print his name on official ballot. 
 § 4832, Hem.-Bal. L. 07, ch. 209, | 28. 
 
 13-14:527. 
 
 81. Use of unauthorized election 
 blanks prohibited. L. '97, pp. 47, 48. 
 
 97-98:300. 
 
 82. "Democratic ticket" to appear on 
 ballots whether or not there is an 
 actual ticket of such party. 97-98:345. 
 
 83. Deficiency of second senatorial 
 ballot of 1898 Indicated. 97-98:347. 
 
 84. Non-partisan judiciary ticket to 
 be printed on separate ballot. Ch. 101, 
 L. '11. 11-12:319. 
 
 Returns and Canvass 
 
 85. State canvassing board is not re- 
 quired to re-check precinct returns 
 certified by county boards of can- 
 vassers. I 4828, Rem. 1915 Code. 
 
 15-16:363. 
 
 86. Vote cast by sticker for a can- 
 didate of an opposite political party to 
 be counted as of the party in which 
 sticker appears. 07-08:501. 
 
 87. To be three-flfths of highest vot- 
 ed proposition, regardless of the na- 
 ture of such proposition. 91-92:38. 
 
 Certificates of 
 
 88. Certificates of election or com- 
 missions to supreme court judges and 
 insurance commissioner to be issued' 
 by Governor under § 422, Hill's Code. 
 § 8986, Rbm.-Bal. 11-12:370. 
 
 "Paid Advertisement" 
 
 89. "Paid advertisement" clause con- 
 strued. § 29, ch. 209, L. '07. 07-08:444. 
 
 Precincts, Division of 
 
 90. Division of precincts of less than 
 300 voters to be at commissioners' dis- 
 cretion. §1354, Bal. Code. 01-02:381. 
 
 91. Division of election precincts by 
 county commissioners to be at statu- 
 tory times only. §§ 1, 2, ch. 130, L. '07. 
 
 09-10:172. 
 
 92. Precincts may not be altered so 
 as to transfer persons from one legis- 
 lative district to another except by 
 legislature. 03-04:245. 
 
 93. New precincts in San Juan county 
 may be established by county commis- 
 sioners. §§369, 383, 1 Hill. 97-98:342. 
 
 94. Division of election precincts on 
 petition or motion only to be had be- 
 tween the first Tuesday after the first 
 Monday in November and prior to De- 
 cember first. Ch. 130, L. '07. § 4798, 
 Rem.-Bal. 09-10:172, 11-12:389. 
 
 Precinct Committeeman 
 
 95. Precinct committeeman is not a 
 precinct officer requiring payment of 
 filing fee for candidacy. L. '09, p. 175. 
 
 15-16:328. 
 Olfenses, Prosecution of 
 
 96. Duty of prosecuting attorney to 
 prosecute for violations of law relat- 
 ing to' publications regarding candi- 
 dates. L. '07, ch. 209, § 29. L. '09, oh. 
 82, §8. §4832, Rem.-Bal. 13-14:527. 
 
 EI/ECTRIO lilGHT AND POWER OOM- 
 PANIBS 
 
 (See Public Utilities, 33, 39.) 
 
 ENGINEER — COUNTY 
 
 (See Assessor, 1.) 
 
 1. Special engineer may be employed 
 by county on the incompetency of the 
 regular incumbent. § 3975, Rem.-Bal. 
 
 11-12:269. 
 
 2. Surveys of preceding county sur- 
 veyor to be recorded. P. 135, L. '95. 
 
 94-95:39. 
 
 3. County engineer may employ dep- 
 uty. Ch. 160, L. '07. 07-08:476. 
 
26 
 
 Digest of the Opinions of the Attorney General 
 
 BNGINEBR — COUNTY — Continued 
 
 4. Duties under ch. 160, L. '07, com- 
 mencing when. 07-08:180. 
 
 5. County auditor to deliver to coun- 
 ty engineer for filing all documents 
 required by statute to be filed with 
 engineer. § 4, ch. 160, L. '07. 
 
 07-08:106. 
 
 6. Office of county engineer should 
 be kept open for transaction of busi- 
 ness during the same business hours 
 and days as other county oflices. 
 §4062, Rem.-Bal. 13-14:25. 
 
 7. Not entitled to permanent deputy 
 or assistant. 13-14:25. 
 
 8. County commissioners not empow- 
 ered to employ engineer other than 
 duly elected county surveyor. 
 
 01-02:209. 
 
 9. County engineer holding on April, 
 1907, not entitled to salary provided 
 by Ch. 160, L. '07. § 25, art. II, Const. 
 
 07-08:99. 
 
 10. Entitled to hotel expense while 
 away from county seat in performance 
 of oflicial duties. § 4063, Rem.-Bal. 
 
 13-14:131. 
 
 11. No mileage allowed to county 
 surveyor in 21st class counties. Coun- 
 ty commissioners not entitled to extra 
 compensation for performance of rou- 
 tine duties. 99-00:144. 
 
 12. County engineer may engage in 
 private practice. 09-10:99. 
 
 13. County commissioners have no 
 power to require county engineer to 
 pay Into county treasury fees which 
 he may properly receive in private 
 capacity. 1.3-14:25. 
 
 14. May accept private employment 
 where it does not interfere with du- 
 ties of office, but must install a clerk 
 at his own expense, if the work takes 
 him away from the office. 13-14:25. 
 
 15. "Actual traveling expenses" in- 
 clude board and lodging while away 
 from county office. § 6, ch. 160, L. '07. 
 
 07-08:217. 
 
 EOrrALIZATION — BOARD OP 
 
 Clerical help for state board of 
 equalization allowed within sum of 
 $500.00 per year. 97-98:196. 
 
 ESCHEATS 
 
 (See Indians, 1; Public Lands, 74; 
 Schools, 189; Taxation, 235, 263.) 
 
 ESTRAYS 
 
 Procedure under estray statute in- 
 dicated. Chs. 23, 91, L,. '05; ch. 230, L. 
 '07. 07-08:246. 
 
 EVIDENCE — COMMISSION TO TAKE 
 PROM POREIGN COUNTRY 
 
 Letters rogatory or commission to 
 take testimony from foreign countries 
 to be executed same as taking of dep- 
 ositions. 97-98:107. 
 
 EXECUTION SAIiES — SHERIPP'S 
 DEED 
 
 Indorsement 
 
 1. A sheriff's deed on an execution 
 sale should be returned for indorse- 
 ment to the clerk of the county issu- 
 ing the execution. §§ 448, 449, 604, 544, 
 515, 578, 590, 615, Rem.-Bal. 
 
 11-12:311, 13-14:429. 
 
 Satisfaction of Record 
 
 2. Purchase on execution is a satis- 
 faction of the judgment to the same 
 extent as if the money were paid. 
 
 15-16:249. 
 
 EXEMPTIONS 
 
 (See Poll Tax, 14-17; Taxation, 153- 
 169, 271-276, 345.) 
 
 EXPOSITIONS 
 
 (See Alaska-Tukon-Pacific Exposi- 
 tion; Commissioners, County, 24; 
 Louisiana Purchase Exposition; Pan- 
 American; World's Pair.) 
 
 EXTRADITION 
 
 (See Pees, 49.) 
 
 1. Extradition will lie for a misde- 
 meanor. 03-04:302. 
 Officers 
 
 2. Clerk of police court not a "mag- 
 istrate" qualified to take extradition 
 affidavit, under Iowa law. 09-10:211. 
 
 3. "Agents" within § 7015, Bal. Code, 
 synonymous with "guards." 01-02:306. 
 
 4. Expenses of extradition agents, 
 including salaries, etc., are payable by 
 the state and not by the county re- 
 questing the employment. § 2241, Rem.- 
 Bal. 15-16:280. 
 
 Contents of Requisition 
 
 5. Authenticated copy of foreign in- 
 formation alone not sufficient under 
 authority of ex parte Hart, 63 Fed. 249. 
 
 07-08:51. 
 
Digest of the Opinions of the Attorney General 
 
 27 
 
 KXTRADATIIOKf — Continued 
 Contents of Requisition 
 
 6. Proceedings against Cameron 
 Lewis held defective. (Montana stat-. 
 
 utes examined.) 
 
 99-00:176. 
 
 7. Proceedings cannot be defeated 
 by showing that crime charged by de- 
 mandant state is not a crime in state 
 in which demand is made. 01-02:208. 
 
 8. Proceedings against H. G. Clinse 
 irregular. § 7170, vol. 2, Bal. Code. 
 
 01-02:99. 
 
 9. Process in proceedings against 
 W. G. Armstrong examined and shown 
 defective. 99-00:116. 
 
 10. Complaint in extradition pro- 
 ceedings of V. Nodine, defective, for 
 failure to state ownership of alleged 
 stolen property. 03-04:257. 
 
 11. General requirements of extradi- 
 tion procedure Indicated. 99-00:9. 
 
 12. Requisitions for fugitives in for- 
 eign countries to be by president of 
 the United States. 99-00:8. 
 
 13. Requisition in case of Francis 
 Butler held fatally defective. 99-00:59. 
 
 14. Essentials of requisition indi- 
 cated. 99-00:55. 
 
 15. Requisition must charge crime 
 sufficient in requisitioning state. §5278, 
 Rev. Stat. U. S. 09-10:211. 
 
 FAIRS — STATE AND COUNTY 
 
 1. County may appropriate for ex- 
 hibit at state fair. § 3998, P. C. 
 
 09-10:59. 
 
 2. County commissioners may not 
 conduct county fairs as county enter- 
 prises. § 3890, Rem.-Bal. 15-16:157. 
 
 FAIR (STATE) COMMISSION 
 
 Member of state fair commission 
 may be secretary thereof on annual 
 statutory salary. §§ 8122, 8124, P. C. 
 
 09-10:97. 
 FEES 
 
 (See Attorneys, 2; Banks, 13; Cor- 
 porations, 11-21, 27-30, 42; Grain, 4; 
 Health, 19; Insurance, 25, 38-41; Taxa- 
 tion, 85; Tide Lands, 7.) 
 
 Aqdltors, County 
 
 1. Two-dollar charge on general tax 
 sale not authorized. 01-02:314. 
 
 2. Marriage license — county auditor 
 to collect fee payable to clerk; auditor 
 to charge for taking affidavits in sup- 
 port of a marriage license; auditor not 
 
 to collect for filing affidavits in sup- 
 port of marriage license. Sept. 3, 1909. 
 § 3936, Rem.-Bal. 11-12:107. 
 
 3. Piling fee of one dollar for mar- 
 riage certificate to be additional to li- 
 cense fee. 09-10:78. 
 
 4. Filing fees for conveyances of 
 land to the state not a legitimate 
 charge against the state. Op. Nov. 29, 
 1901. April 3, 1902. 03-04:84. 
 
 5. Fifty-cent filing fee for condi- 
 tional sale contracts under § 3936 su- 
 persedes 25-cent filing fee under 
 §§ 3671, 3936, Rem.-Bal. 11-12:335. 
 
 6. For filing map of first trap loca- 
 tion, 25 cents. 07-08:280. 
 
 7. Uncertified carbon copies of rec- 
 ords may not be supplied by auditor 
 for his personal profit. 07-08:16. 
 
 8. County auditor not to charge for 
 certified copies of deeds running to the 
 state. § 4038, P. C. 09-10:70. 
 
 Clerics — Adoption Proceedings 
 
 9. Filing petition for adoption; a 
 civil proceeding so far as filing fee is 
 concerned. 07-08:387. 
 
 10. No fee should be charged for en- 
 tering an order of adoption. § 497, 
 Rem.-Bal. 99-00:126, 13-14:424. 
 
 11. Adoption proceedings fees to con- 
 form to probate charges. 
 
 09-10:182, contra 07-08:387. 
 
 12. Adoption fees same as probate. 
 Change of name petition, four dollars. 
 
 99-00:126. 
 
 13. Bastardy a civil proceeding re- 
 quiring $4.00 filing fee. Answer of 
 garnishee defendant filed free. Filing 
 of transcript on change of venue, $6.00. 
 Judgment dismissing garnishment pro- 
 ceedings filed free. Fees paid to coun- 
 ty officers go into county treasury. 
 
 99-00:159. 
 Appearance 
 
 14. Petition to foreclose tax lien, $2. 
 
 07-08:320. 
 
 15. Defendant having filed a joint 
 appearance is liable for an additional 
 appearance fee on a subsequent sepa- 
 rate appearance. § 497, Rem.-Bal. 
 
 15-16:60. 
 
 16. Insolvency under |§ 1086-1103, 
 Rem.-Bal., is a "civil action or pro- 
 ceeding" within the law requiring $4.00 
 filing fee. §497, Rem.-Bal. 11-12:369. 
 
 17. Service accepted by defendant on 
 plaintiff's pleadings does not avoid de- 
 
28 
 
 Digest of the Opinions of the Attorney General 
 
 FBBS — Contluued 
 Appeurnnce 
 
 fendant's appearance fee under § 497, 
 Rem.-Bal. 15-16:78. 
 
 18. No stenographers' fees should be 
 charged to either plaintiff or defendant 
 in a, tax foreclosure proceeding. L. '13, 
 ch. 126, §4. §§9254, 9255, 9260, Rem.- 
 Bal. 13-14:287. 
 
 19. Habeas corpus is a civil proceed- 
 ing requiring the payment of initial 
 statutory fee. § 497, Rem.-Bal. § 22, 
 art. 1, Const. 11-12:49. 
 
 20. Appearance of county attorney in 
 default divorce cases not an "appear- 
 ance" within the act (fee bill clause). 
 Subd. 2, §2, p. 425, L. '93. 94-95:60. 
 
 21. Lien creditor appearing in re- 
 ceivership proceedings with special ob- 
 jections is liable for appearance fee. 
 
 11-12:103. 
 
 22. One jury and one judgment fee 
 are sufficient for all proceedings in a 
 given cause. 11-12:40. 
 
 23. A city must pay the same filing 
 fees and make such payments at the 
 same time as any other litigant would 
 be required to do on appeals from a 
 justice to superior court. § 4066, Rem.- 
 Bal. 13-14:47, 483. 
 
 24. On appeal to the superior court 
 from conviction in the police court of 
 a first-class city the defendant is not 
 required to advance either an appear- 
 ance or a jury fee. L. '13, ch. 103, § 2; 
 Const., art. 1, § 22. §§ 7522, 7523, 7526, 
 7700, 1919, 1920, 2227, Rem.-Bal. 
 
 13-14:483. 
 
 25. On appeal from justice's court, 
 appellant not to pay defendant's ap- 
 pearance fee in advance. 97-98:140. 
 
 26. In an action by a private citizen 
 under the "red light law," no filing 
 fee is collectible, and in case of defeat 
 the costs are taxable against the 
 county, if there was reasonable ground 
 for the action. L. '13, ch. 127, §§ 2, 3. 
 
 13-14:294. 
 Deeds, 'Etc, 
 
 27. Deeds and instruments conveying 
 drainage district lands to a county are 
 not subject to filing fees. § 4066, Rem.- 
 Bal. Op., March 22, 1915. 15-16:112. 
 
 Gariiisliment 
 
 28. Garnishee defendant In superior 
 court is an "adverse party" within the 
 
 statute requiring appearance fee. §497, 
 Rem.-Bal. 11-12:226. 
 
 29. Garnishment regarded as inde- 
 pendent civil action requiring $4.00 fil- 
 ing fee. § 2, p. 424, L. '93. Ch. 56, 
 L,. '93. 93-94:57. 
 
 30. Payment of transcript filing fee 
 obviates subsequent garnishment or 
 supplemental proceeding fees in jus- 
 tice of the peace court. 
 
 13-14:291, 15-16:308. 
 
 Judgment 
 
 31. Realty and not chattel mort- 
 gages only are subject to subd. 5, § 497, 
 Rem.-Bal. (Judgment fee.) 11-12:37. 
 
 32. Order of dismissal after issue 
 joined requires filing fee. 11-12:226. 
 
 33. Docket and judgment fees are 
 not taxable against a complainant city 
 in a criminal action. § 4, ch. 126, L. 
 '13. 13-14:285, 485; 15-16:230. 
 
 34. Plaintiff in interpleader action is 
 exempt from costs. §§ 199-201, 497, 
 Rem.-Bal. 15-16:243. 
 
 35. Judgment of non-suit does not 
 waive statutory judgment fee of $6.00. 
 
 15-16:164. 
 
 36. Judgment fee is required in dis- 
 charge of receivership proceedings not 
 ancillary to a main case. 11-12:103. 
 
 37. Piling and appearance fees are 
 collectible under confession of judg- 
 ment. 11-12:103. 
 
 38. Motion to revive judgment is not 
 a "new proceeding" requiring filing fee 
 of $4.00. 07-08:259. 
 
 39. The amount of the fee to be col- 
 lected on default judgment depends on 
 whether the court requires the taking 
 of proof, if so, the fee is $3.00; other- 
 wise, $2.00. §§ 411, 498, Rem.-Bal. 
 
 13-14:75. 
 
 40. Entry of judgment in an appli- 
 cation to modify a divorce decree, 
 where the court retained jurisdiction, 
 requires no additional judgment fee, 
 but if jurisdiction in the original pro- 
 ceeding were not retained the same 
 fee is chargeable as in a, new action. 
 §§468, 497, Rem.-Bal. 13-14:291. 
 
 41. The clerk of superior court 
 should charge fee of ten cents per 
 folio for making transcript of judg- 
 ment and fifty cents for making the 
 certificate. §497, Rem.-Bal. 13-14:75. 
 
Digest of the Opinions of the Attorney General 
 
 29 
 
 PEKS — Continued 
 Judgment 
 
 42. The fee chargeable for default 
 judgment is the proper one upon the 
 conversion of a mortgage foreclosure 
 suit to an action for money in which 
 there was no appearance by defend- 
 ant. §497, Rem.-Bal. 13-14:291. 
 
 43. On entry of judgments in the 
 main action and in ancillary gar- 
 nishee proceedings, but one judgment 
 is chargeable. §§ 693, 704, Rem.-Bal. 
 
 13-14:291. 
 
 44. Docket fees are chargeable by the 
 clerk of the county to which a case is 
 transferred on change of venue. § 25, 
 Rem.-Bal. 13-14:75. 
 
 45. No filing fees are collectible on 
 supplemental proceedings. 
 
 13-14:291, 15-16:277. 
 
 46. On the filing of a decree on fore- 
 closure of mortgage, which recited 
 the appearance of defendant by an- 
 swer, though there was no entry of 
 appearance on the docket, the clerk 
 was entitled under § 497, Rem.-Bal., to 
 collect both a. fee for such appearance 
 and for filing the decree. 13-14:75. 
 
 Miscellaneous 
 
 47. Federal land fees collectible by 
 county clerk under Federal and not 
 state statutes are to be paid into 
 county treasury. 26 Stat, at Large, p. 
 121. 03-04:222. 
 
 48. Clerk's fees for final proofs un- 
 der Federal land laws to be accounted 
 for to the county. L. '93, p. 184. 
 
 03-04:100. 
 Extradition Certificates 
 
 49. County clerks cannot collect fees 
 for issuing certificates required on ap- 
 plications for extradition, since they 
 are a charge against the state and 
 hence uncollectible under § 4066, Rem.- 
 Bal. 13-14:47. 
 
 50. Platting fee of 25 cents per lot 
 chargeable against property otherwise 
 exempt from taxation. L. '03, p. 295. 
 
 03-04:252. 
 
 51. The fee for service of a writ of 
 restitution is $1.50, but where it is 
 both served and executed the fee is 
 $2.00. §§ 497, 820, Rem.-Bal. 13-14:517. 
 
 52. Clerk of court may not collect a 
 fee for veterans' pension afHdavit. 
 §§1609-1616, Bal. Code. 99-00:155. 
 
 Licenses 
 
 53. Physician's license on "instru- 
 ments provided by law" for which "no 
 other fee is provided" requiring pay- 
 ment of 10 cents filing fee. § 6288, P. 
 C. § 1, L. '03, p. 290. Amend, ch. 56, 
 L. '07. 07-08:70. 
 
 Probate Proceedings 
 
 54. Filing a petition to contest a 
 nuncupative will admitted to probate 
 requires contest fee of $25.00. § 497, 
 Rem.-Bal. 15-16:77. 
 
 55. Citation or notice of hearing of 
 proof of a nuncupative will does not 
 require the parties appearing pursuant 
 thereto to pay contest fee of $25.00 
 under § 497, Rem.-Bal., prior to the 
 probate of such will. 15-16:77. 
 
 56. Probate proceedings are not pro- 
 ceedings under § 4, ch. 126, L. '13, re- 
 quiring payment of stenographic fee. 
 § 4, ch. 126, L. '13. 15-16:68. 
 
 57. Guardianship proceedings, except 
 as to final accounting, are probate 
 proceedings within § 497, Rem.-Bal., 
 controlling payment of fees. § 1636, 
 Rem.-Bal. 15-16:197, 03-04:341. 
 
 58. Appointment of administrator 
 with the will annexed is a continuation 
 of administration proceedings requir- 
 ing no additional filing fee. 11-12:66. 
 
 59. A filing fee of $3.00 should be 
 collected from an administrator for 
 different petition filed for the sale of 
 the same real estate. § 497, Rem.-Bal. 
 
 13-14:564. 
 
 60. Petition to contest a will filed 
 subsequent to act of 1903, but in pro- 
 bate proceedings instituted prior to 
 said act, is subject to filing fee of act 
 of 1903. L. '03, p. 293. 03-04:226. 
 
 61. Only one filing fee to be charged 
 adverse parties petitioning severally 
 for letters of administration in one 
 case. §497, Rem.-Bal. 11-12:126. 
 
 62. Proceedings under criminal in- 
 sane act a civil rather than criminal 
 proceeding so far as costs concerned. 
 
 07-08:486. 
 
 63. On change of name $3.00 fee as 
 in uncontested judgment. P. 89, L. '07. 
 
 07-08:280. 
 
 64. Petition to sell real estate in pro- 
 ceedings prior to 1907 is $3.00. 
 
 07-08:259. 
 
30 Digest of the Opinions of the Attorney General 
 
 FEES — ^Coutlnued 
 Probate Proceedings 
 
 65. Petition to sell realty — fee col- 
 lectible whether proceeding instituted 
 prior to the act or not. L. '07, p. 91. 
 
 07-08:307. 
 
 66. Filing fee of $5.00 not charge- 
 able on decree of solvency under non- 
 intervention wills. 09-10:153. 
 
 67. An order appointing appraisers 
 for purpose of appraising property for 
 inheritance tax purposes is not a final 
 account in settlement of decedent's 
 estate and no fee should be charged 
 for filing such order. 13-14:75. 
 
 68. In the probate of non-interven- 
 tion will an order declaring solvency 
 is not a final account in settlement of 
 decedent's estate and fee of $5.00 is 
 not chargeable. 13-14:75. 
 
 Jury 
 
 69. The defendant in an appeal from 
 a verdict in a police court may demand 
 a, jury trial in the superior court with- 
 out advancing the jury fee. 13-14:483. 
 
 70. Jury fee cannot be returned by 
 county commissioners when, subse- 
 quent to payment, a jury trial is 
 waived. §1, L. '03, p. 50. 07-08:100. 
 
 71. Jury fees are not chargeable 
 against a defendant pleading guilty 
 before the jury has been empaneled 
 and sworn. § 2227, Rem.-Bal. 
 
 15-16:208. 
 
 72. Jurors called but not serving are 
 entitled to fees. § 4978, Bal. Code. 
 
 03-04:245. 
 Justices of tlie Peace — Appearance 
 
 73. The $2.00 fee in a criminal pro- 
 ceeding resulting in conviction is to be 
 taxed as part of the costs in the case 
 in justice's court. 15-16:114. 
 
 74. No fees are collectible in ad- 
 vance in criminal actions in justice's, 
 court. 15-16:114. 
 
 75. Any appearance of plaintiff's at- 
 torney in justice's court entitles to the 
 statutory attorney's fee. § 6636, Bal. 
 Code. 07-08:59. 
 
 Appearance — Change of Venue 
 
 76. Fees in change of venue are col- 
 lectible by the justice in whose court 
 the suit is Instituted. § 1, ch. 138, L. 
 '15. 15-16:190. 
 
 77. Change of venue does not re- 
 quire the payment of another filing fee 
 
 in justice's court. § 1774, Rem.-Bal. 
 Ch. 138, L. '15. 15-16:190. 
 
 78. A garnishment fee is collectible 
 in proceedings before a justice by gar- 
 nishee summons but not in case of the 
 issuance of garnishment writs before 
 or after judgment. §§ 1807-1822, 1886, 
 Rem.-Bal., and §§ 1823-1846, as amend- 
 ed by L,. '11, ch. 126. 
 
 11-12:82, 13-14:289. 
 Garnishment 
 
 79. Writs of garnishment issued by 
 justice of the peace distinguished from 
 procedure of § 1864, Rem.-Bal. § 3, ch. 
 126, L. '11. 11-12:82. 
 
 marriage 
 
 80. Justice is not entitled to fees for 
 solemnizing marriages. Ch. 138. §1774, 
 Rem.-Bal. 15-16:114. 
 
 Transcript 
 
 81. Justice is entitled to transcript 
 fee when made at the request of a 
 private party. Ch. 138, L. '15. § 1774, 
 Rem.-Bal. 15-16:114. 
 
 Sherlfls and Constables 
 
 82. Sheriff's return of "not found"— 
 entitled to charge only mileage fee of 
 ten cents per mile. 97-98:135, 01-02:195. 
 
 83. Sheriff's certificate copies in jus- 
 tice's courts, 50 cents, when made by 
 himself 10 cents per folio, not less 
 than $1.00 in all. 11-12:308. 
 
 84. Sheriff's mileage fee chargeable 
 from court house even though service 
 is by a deputy in town of deputy's 
 residence. 09-10:167. 
 
 85. Constable serving a military 
 process not entitled to fees. § 1596, 
 Bal. Code. 01-02:412, 03-04:26. 
 
 86. Sheriff's fee and mileage are 
 properly taxable for serving justice's 
 warrant. §§ 5163, 5173, P. C. 07-08:118. 
 
 87. Service of criminal warrants only 
 authorizes sheriff's fee of 80 cents. 
 §§ 497, 4089, Rem.-Bal. 11-12:12. 
 
 88. Sheriff's mileage fee applies only 
 to miles actually traveled in service 
 of process. Ch. 56, L. '07. 07-08:348. 
 
 89. Constables are not entitled to 
 fees for certifying complaint and no- 
 tice. §§ 1761, 4089, 6530, Rem.-Bal. 
 
 09-10:180, 11-12:308, 15-16:291. 
 
 90. Sheriff may collect copying fees 
 for papers he is obliged to certify cor- 
 rect. §497, Rem.-Bal. 11-12:91. 
 
Digest of the Opinions of the Attorney General 31 
 
 FSB S — Continued 
 Sheriffs and Constables 
 
 91. Sheriff may advance his official 
 expenses from office funds. L. '93, ch. 
 81, §§1, 2. 93-94:56. 
 
 92. Pull schedule of sheriff's fees for 
 uniform state practice indicated. 
 
 11-12:308. 
 
 93. Fees of sheriffs and clerics in 
 state cases not payable by the state as 
 being charges by already salaried 
 officers against the state. 91-92:67. 
 
 Treasurer, County 
 
 94. Three dollar fee for deed does not 
 apply to property sold by county, ac- 
 quired previously under tax foreclos- 
 ure proceedings. L. '99, § 26, p. 304. 
 
 03-04:45. 
 
 95. One charge only may be made 
 for any number of descriptions in cer- 
 tificates of delinquency. 11-12:152. 
 
 96. Pee of three dollars each is 
 chargeable by the treasurer in un- 
 divided realty. § 9269, Rem. Code. 
 
 15-16:368. 
 "Witnesses . 
 
 97. County officials as witnesses in 
 another county not entitled to per diem 
 — mileage only. 97-98:303. 
 
 98. Warrants for county witnesses in 
 civil actions cannot issue except upon 
 the approval of the county commis- 
 sioners. § 3918, Rem. Bal, 15-16:244. 
 
 99. County officers testifying in be- 
 half of the state outside of the county 
 of their residence are entitled to wit- 
 ness fees. 15-16:286. 
 
 100. State employees testifying in 
 behalf of the state in the county of 
 their residence are not entitled to wit- 
 ness fees. §1 497, 499, Rem.-Bal. 
 
 15-16:286. 
 
 101. State chemist testifying in be- 
 half of the state is not entitled to spe- 
 cial expert witness fee. Op. May 23, 
 1911. §§ 497, 5460, Rem.-Bal. 
 
 11-12:111. 
 
 102. Bacteriologists may be employed 
 by food commissioner and are entitled 
 to witness and mileage fees. 
 
 11-12:71. 
 
 103. State agricultural chemist is 
 not a salaried officer of the state in- 
 hibiting his collection of witness fees 
 in criminal actions. L. '09, ch. 28. 
 
 11-12:71. 
 
 104. Witnesses from out of state en- 
 titled to mileage and per diem on 
 reaching state line. 97-98:303. 
 
 Disposition of 
 
 105. Naturalization fees, except such 
 as Pederal statute allows the clerk, 
 are to be accounted for to the Pederal 
 department. § 497, Rem.-Bal. 
 
 11-12:189. 
 
 106. Deputy county clerk may not 
 retain fees for posting probate notices. 
 §§4065, 4066, Rem.-Bal. 07-08:16 
 
 107. Pees to county clerk in his ca- 
 pacity of United States Land Commis- 
 sioner not subject to state inspection. 
 
 09-10:207. 
 
 108. Pees of county clerk in land 
 proof cases when allowed by law to be 
 remitted to county treasury. 
 
 91-92:121. 
 
 109. Naturalization fees not account- 
 able for to Bureau of Immigration to 
 be deposited in county treasury. 
 §§ 4003, 4004, P. C. 
 
 03-04:100, 09-10:192. 
 
 110. Pees earned by county officers 
 extra-officially belong to the county if 
 derived from his office. §§ 4003, 4038, 
 p. C. 07-08:226. 
 
 FBRRIBS 
 
 (See Cities and Towns, 23, 24; Public 
 Utilities, 1, 7.) 
 
 The licensing of ferries upon rivers 
 forming the state boundary is in 
 the jurisdiction of the state, but the 
 issuance of the license is vested in the 
 county commissioners. Letter June 9, 
 1911. . 13-14:279. 
 
 FINANCE 
 
 (See Budget Law; Deficiency Certifi- 
 cates; Funds.) I 
 
 FINES — DISPOSITION OF 
 
 (See Fish, 136, 137; Pood Laws, 11, 
 12.) 
 
 1. Pish fines to be credited to fish 
 commission fund. § 5300, P. C. 
 
 07-08:173. 
 
 2. Justice hearing violation of city 
 ordinances is de facto police justice 
 requiring same depositing of penalties 
 imposed as of police justice. 
 
 07-08:83. 
 
 3. General school fund is the bene- 
 ficiary of fines not specifically disposed 
 of by statute. D. '09, p. 194. 07-08:7. 
 
32 Digest of the Opinions of the Attorney General 
 
 FINES— DISPOSITION OF — Continued 
 
 4. Fines not otherwise disposed of 
 by law to be credited to tiie "general 
 school fund." § 113, p. 356, L. '97. 
 
 07-08:155. 
 
 5. Fines may not be collected or as- 
 sessed .by marshals. 07-08:509. 
 
 6. Pines not specifically disposed of 
 by statute, are credited to the current 
 state school fund. § 4606, Rem.-Bal. 
 
 11-12:386. 
 
 7. Disposition of county fines to be 
 into general county fund, § 1113, Code 
 1881. 91-92:67. 
 
 8. Unappropriated county fines not 
 to be transmitted to state but credited 
 to county school fund. 97-98:198. 
 
 9. §§ 3835, 7376 and 7365, Bal. Code, 
 and L. '99, p. 205, as to disposition of 
 fish fines reconciled. 99-00:106. 
 
 10. Surplus of fees and motor vehicle 
 fines are to be paid into the permanent 
 highway fund only. L. '15, ch. 142, 
 §§18-31. §§5879-14, Rem.-Bal. 
 
 15-16:145. 
 
 11. General school fund to be bene- 
 ficiary of county fines collected, unless 
 otherwise provided in the law under 
 which said fines are imposed. 
 
 03-04:108. 
 
 FIRE IjIMITS 
 
 Cities of third class may prescribe 
 "proper regulations" for fire protection 
 the same as first and second class 
 cities. Subd. 18, § 3488, P. C. 
 
 07-08:59. 
 
 FIRE WARDEN 
 
 1. Deputy fire wardens may not col- 
 lect compensation for the use of their 
 own vehicles in discharge of their 
 duties. 11-12:265. 
 
 2. House bill No. 348, 1901, § 7, is ap- 
 propriation exclusively for per diem 
 of deputy fire marshals. 01-02:42. 
 
 FISCAL AGENT 
 
 State fiscal agency violating statute 
 subject to removal by governor 
 
 01-02:309. 
 
 FISH 
 
 (See Fines, 1, 9; Game; Hotels, 6; 
 Oysters; Taxation, 174.) 
 
 I. 
 
 Jurisdiction 
 
 II. 
 
 Oysters and Clams 
 
 III. 
 
 Licenses 
 
 IV. 
 
 liOcatlons and Appliances 
 
 V. 
 
 Sales 
 
 VI. 
 
 Oilenses 
 
 VII. 
 
 Hatcheries 
 
 VIII. 
 
 Officers 
 
 Leelslation, General 
 
 1. §§ 43 and 58, ch. 31, D. '15, held not 
 contradictory. 15-16:210. 
 
 2. 5 4, p. 107, L. '90, not amended by 
 L. '91, p. 134. 91-92:119. 
 
 I. Jurisdiction 
 
 1. "Person or persons" in § 181, L. '99, 
 p. 205, defined. 01-02:271. 
 
 2. "Rivers" defined. 99-00:170. 
 
 3. Fishing rights on Federal reser- 
 vations not subject to state Jurisdic- 
 tion. 01-02:90. 
 
 4. Quillayute, Queets and Chehalis 
 rivers classified as being in the 
 "Grays Harbor district." 99-00:136. 
 
 5. "Shore points" must be indicated 
 on approved map. 99-00:151. 
 
 6. "Mouth of rivers emptying into 
 Puget Sound" defined. D. '99, p. 194, 
 §1. 01-02:321. 
 
 7. Fishing regulations of this state 
 are enforcible against a resident of 
 Oregon fishing in the Columbia River 
 within the territorial limits of this 
 state. 13-14:425. 
 
 8. Non-navigable lakes used as 
 spawning ground are within jurisdic- 
 tion of the state. ' 07-08:276 
 
 9. Jurisdiction of state for regula- 
 tion of permanent trap net locations 
 on its side of Columbia River, exclusive 
 except to Federal navigation acts. 
 
 07-08:262. 
 
 10. Water in front of tide lands open 
 to fishery. 99-00:141. 
 
 11. Jurisdiction of the State of 
 "Washington and the United States over 
 fisheries indicated. 07-08:375. 
 
 12. National and state jurisdictions 
 concurrent in the matter of trap loca- 
 tions in navigable streams. 
 
 07-08:484. 
 
 13. "Rivers" within the act prevent- 
 ing talcing of salmon, etc., defined. 
 
 11-12:149! 
 
 § 5183, Rem.-Bal. 
 
Digest of the Opinions of the Attorney General 
 
 33 
 
 FISH — Contluned 
 1. Jurlsdletion 
 
 14. Jurisdiction, State and Federal, 
 on Columbia River as related to fish- 
 ing appliances indicated. 11-12:149. 
 
 15. Means of determining "stream 
 ends" of rivers emptying into Sound 
 suggested. 94-95:21. 
 
 16. Columbia River — Jurisdiction of 
 Oregon and Washington defined as ex- 
 tending to mid-stream. 94-95:25. 
 
 17. Columbia River — Jurisdiction of 
 State on Oregon boundary line. Con- 
 current with Oregon of offenses com- 
 mitted on river. 91-92:6. 
 
 18. Straits of Puca not included 
 within the "Waters of Puget Sound." 
 Act of March 17, 1897. 97-98:192. 
 
 19. "Rivers" defined. Act of 1897. 
 
 97-98:189, 191. 
 
 Private Rights of Flshlns — Indians 
 
 20. Indians subject to State regula- 
 tion of hunting and fishing. 99-00:168. 
 
 21. Indians subject to hook and line 
 requirement in salmon fishery act. L: 
 '99, p. 202, § 8. 01-02:60. 
 
 22. Indians of Squaxin Reservation 
 subject to State game and fish license 
 laws. 99-00:100. 
 
 23. Indian treaties do not affect 
 Jurisdiction of State over game and 
 fish protection. 97-98:189. 
 
 Abatement of Nuisance — Obstructions 
 — Pollution — FlsliTvays 
 
 24. Dams may not be built above fish 
 hatcheries to detriment thereof. 
 
 99-00:173. 
 
 25. State not liable for damages 
 caused by hatchery dam erected by 
 fish commissioner beyond the scope of 
 his authority. 01-02:119. 
 
 26. Coal dust in trout stream a pol- 
 lution of the stream within the act. 
 § 7384, Hal. Code. 99-00:143. 
 
 27. United States Government recla- 
 mation dam not absolutely required to 
 maintain fish ladders. 09-10:143. 
 
 28. Maintenance of fishway. "Food 
 fish" defined. § 7385, Bal. Code. 
 
 07-08:483. 
 
 29. Fish dam on Spokane river. 
 Owners must install suitable flshways. 
 
 07-08:327. 
 
 30. Screens obstructing the free 
 passage of fish in a stream may be 
 abated as a. public nuisance. 
 
 15-16:124. 
 
 31. Fish Commissioner has no spe- 
 cial power to proceed against obstruc- 
 tions in navigable waters. 97-98:199. 
 
 32. Fish Commissioner to approve 
 fish ladders or cause abatement by 
 due process of law. L. '93, ch. 100, § 1. 
 
 97-98:150. 
 
 II. Oysters and Clams 
 Oysters and Clams — General 
 
 33. Lease of oyster lands excludes 
 private clam digging. 01-02:13. 
 
 34. Oysters and clams may be comr 
 mercially worked on private lands 
 without state license. L. '15, ch. 31, 
 § 61. 15-16:117. 
 
 35. Clam digging by any appliance 
 is within the meaning of § 51, ch. 31, 
 L. '15, as regards tonnage tax. 
 
 15-16:103. 
 
 36. Tonnage tax on clams is not a 
 property tax upon the fish enforcible 
 against a purchaser thereof. L. '15, 
 ch. 31, §51. 15-16:103. 
 
 37. No license fees can be collected 
 for the taking of oysters on other than 
 state reserves. L. '15, ch. 31, § 41. 
 
 15-16:117. 
 
 III. Licenses 
 General 
 
 38. No time limit on fisherman's li- 
 cense. 01-02:107. 
 
 39. Employment and not ownership 
 of fishing appliance determinative of 
 licensee. 01-02:60. 
 
 40. Dealers must pay license whether 
 fish come to them from prior licensees 
 or not. P. 300, L. '99. 99-00:215. 
 
 41. Salmon packing license does not 
 exclude alien. 99-00:203. 
 
 42. Irregular licenses cannot be can- 
 celled and uniform dates issued, with 
 credit on unexpired terms, by fish com- 
 missioner. 99-00:127. 
 
 43. Properly licensed holder of fish 
 location may prevent booming logs on 
 his location. 99-00:99. 
 
 44. License to operate fish trap is not 
 a contract between the holder and the 
 state, precluding the state from im- 
 posing further obligations. 99-00:95. 
 
 45. Fisherman who sells catch of sal- 
 mon in the same form as when taken 
 
34 
 
 Digest of the Opinions of the Attorney General 
 
 FISH — Continued 
 111. lilcenses 
 General 
 
 from the waters is not required to pay 
 the license fee specified for dealers 
 other than canneries. Rem.-Bal., 
 §§5213, 5211. 13-14:308. 
 
 46. Canneries which operate leased 
 net or trap locations and sell the sal- 
 mon caught instead of preserving or 
 dealing in them, are not required to 
 pay the license fee prescribed by Rem.- 
 Bal., § 5213. 13-14:246, 308. 
 
 47. A broker who effects a sale of 
 fresh salmon between the taker and a 
 third party Would be liable for the li- 
 cense fee only in case his principal 
 were liable and failed to pay. Rem.- 
 Bal., §5213. 13-14:308. 
 
 48. An agent who effects a sale for 
 parties engaged in catching salmon 
 stands in the same position as his prin- 
 cipal, and would not be required to 
 pay a dealer's license fee. Rem.-Bal., 
 § 5213. 13-14:308. 
 
 49. Dealers in salmon caught beyond 
 the boundaries of the state are sub- 
 ject to the dealer's license fee, unless 
 such dealing would constitute a part 
 of the interstate carriage of such sal- 
 mon. Rem.-Bal., §5213. 13-14:308. 
 
 50. The license fee for dealers in 
 salmon applies to successive dealers 
 who buy, sell and preserve them, but 
 not to persons dealing in prepared 
 salmon. Rem.-Bal., § 5213. 13-14:308. 
 
 61. License fee of one dollar per 
 thousand of flsh caught held to apply 
 fractionally to catch of less than one 
 thousand. § 5211, Rem.-Bal. 11-12:15. 
 
 52. Notice of transfer of salmon fish- 
 ing license after twenty days may be 
 accepted. § 1, ch. 9, L. '93. 94-95:4. 
 
 53. Cannery license to be determined 
 on basis of business for the year pre- 
 ceding. 97-98:193. 
 
 AllenN 
 
 54. British Columbia Indians not al- 
 lowed to fish in American waters. 
 
 99-00:42. 
 
 55. Aliens are not prohibited from 
 catching crabs or shell flsh by an act 
 declaring it unlawful for them to catch 
 salmon or other food flsh for sale. 
 Rem.-Bal., §5203. 13-14:387. 
 
 56. Aliens who have not declared 
 their intention to become citizens can- 
 
 not be employed to operate nets and 
 appliances for catching food fish in 
 the waters of the state. Rem.-Bal., 
 §5203. 91-92:213, 13-14:315. 
 
 57. Fishing licenses provided under 
 subdivision (e), § 35, ch. 120, L. '13, 
 and no other may be issued to non- 
 resident aliens. 13-14:126. 
 
 58. Pishing and dealing in fish dis- 
 tinguished in reference to aliens. 
 § 5213, Rem.<-Bal. 11-12:250. 
 
 59. Aliens incapable of citizenship 
 not entitled to license. L. '07, ch. 247. 
 
 07-08:481. 
 
 60. Pish wheel license not issuable 
 to non-resident. § 1, act of Peb. 7, 
 1893. Vol. 1, Op., p. 199. 95-96:25. 
 
 61. Shell fish may be taken for com- 
 mercial purposes by an alien from his 
 own lands, but not from state lands. 
 L. '15, ch. 31, §58. 15-16:117. 
 
 62. Aliens cannot take food fish for 
 sale or profit from the waters of the 
 state. L. '15, ch. 31, §58. 15-16:117. 
 
 63. Aliens may not flsh for oysters 
 and clams for commercial purposes on 
 state lands. L. '15, ch. 31, § 58. 
 
 15-16:117. 
 
 64. Alien as employee of fisherman 
 prohibited. L. '91, p. 171, § 1. 
 
 91-92:213. 
 
 65. Mere intention to become a, citi- 
 zen on attaining majority does not 
 qualify alien for fishing certificates. 
 L. '91, ch. 137, § 2. 91-92:195. 
 
 66. Fisherman may act as agent of 
 licensee. § 3, act of March 16, 1897. 
 
 97-98:169,174. 
 
 67. License to aliens and non-resi- 
 dents of state prohibited, when. § 3, 
 March 16, 1897 (salmon). 97-98:163. 
 
 68. Taking game fish in the waters 
 of Puget Sound is unlawful except by 
 holder of duly issued license. L. '13, 
 ch. 120, § 35. 13-14:144. 
 
 69. A trap location for which a li- 
 cense has been issued may be aban- 
 doned and a, new location made with- 
 out taking out a new license. Rem.- 
 Bal., §§5191, 5211. 13-14:520. 
 
 70. Purchase of flsh on Washington 
 side of Columbia river to be taken to 
 Oregon side for packing requires pay- 
 ment of Washington license. 
 
 01-02:69, 03-04:308. 
 
Digest of the Opinions of the Attorney General 
 
 35 
 
 FISH — Continued 
 Appliances 
 
 71. Gear license not operated by li- 
 censee dispenses with individual li- 
 cense for such employer. 01-02:271. 
 
 72. No license is required for a de- 
 vice used as a lead in connection with 
 traps or seines as part of the fishing 
 gear. 13-14:456. 
 
 73. The use of dip nets cannot be li- 
 censed under drift net provisions of 
 the Fisheries Code, in the absence of 
 a statute covering dip nets. Rem.-Bal., 
 §5224. 13-14:322. 
 
 74. Sec- 5211, Rem.-Bal., furnishes 
 ample authority for issuance of a li- 
 cense for a pound net designed for 
 herring fishing. 13-14:103. 
 
 75. License fees for gill nets and set 
 nets apply to all kinds of flsh caught 
 by such appliances. L. '15, ch. 31, 
 §§51, 52. 15-16:232. 
 
 76. Neither an original nor a re- 
 newal license may issue for a smelt 
 or herring pound net. L. '15, ch. 31, 
 § 43. 15-16:59. 
 
 Canneries 
 
 77. License of $100 per thousand ap- 
 plies to yearly and not to monthly 
 catch. 01-02:273. 
 
 78. Licensed corporations are not 
 compelled to take out individual food 
 fish licenses. L. '99, p. 194. 01-02:246. 
 
 79. License fee per thousand does not 
 apply to fraction of thousand. 
 
 01-02:245. 
 
 80. Receivership does not change 
 basis of computation of packing li- 
 cense. 01-02:109. 
 
 81. Salmon caught and delivered in 
 the State of Washington but canned 
 in Oregon subjects Oregon canneries 
 to provisions of license requirements. 
 Act of March 13, 1899, §7. 01-02:69. 
 
 82. When cannery may be classified 
 as a "new cannery" for purposes of 
 packing tax. 01-02:399. 
 
 83. Fish taken in cannery trap on 
 owned or leased sites are not subject 
 to the tonnage tax under L. '15, ch. 31, 
 §51. 15-16:100. 
 
 84.* Freezing plants operated for 
 others are not subject to the tonnage 
 tax prescribed in L. '15, ch. 31, § 51. 
 
 15-16:100. 
 
 85. Salmon pack in excess of 100,000 
 not liable to extra tax. 01-02:371. 
 
 86. The license fee prescribed by 
 Rem.-Bal. Code, § 5213, for dealers in 
 salmon does not apply to canneries. 
 Rem.-Bal., §§ 5213, 5233. L. '99, ch. 117. 
 L. '05, ch. 170. L. '07, ch. 247. 
 
 13-14:246. 
 
 87. Change of ownership of a fish 
 cannery after the season's pack consti- 
 tutes it a. new cannery and its license 
 fee is governed by the "new cannery" 
 rate and not by the amount of the 
 previous year's pack, under Rem.-Bal., 
 §5233. 13-14:28. 
 
 88. License to salmon canneries does 
 not include packing fresh fish. L. '07, 
 p. 685, § 5. 07-08:390. 
 
 89. Canning of fish caught beyond 
 the three-mile limit not prohibited. L. 
 '15, ch. 31. 15-16:335. 
 
 Pood Fish Taken for Private Use 
 
 90. Persons residing in this state 
 may lawfully take flsh from the waters 
 of Chambers creek in Pierce county by 
 any means and at any time for the 
 consumption of themselves or families. 
 Rem.-Bal., §§ 5183, 5187. L. '11, ch. 104. 
 
 13-14:271. 
 
 91. Food flsh may be caught by nets 
 in streams above tidewater for the use 
 of the taker and his family, the pro- 
 hibition against nets applying only to 
 game fish. L. '13, ch. 120, § 46. Rem.- 
 Bal., § 5183. 13-14:219. 
 
 92. One taking food fish for the con- 
 sumption of himself Or family by the 
 use of a net or fixed appliance must 
 obtain a license from the fish commis- 
 sioner. Rem.-Bal., §§ 5183, 5191. 
 
 13-14:221. 
 
 93. The Game Code of 1913 does not 
 prohibit the taking of salmon at any 
 time for consumption by the taker and 
 his family. Rem.-Bal., § 5183. L. '13, 
 oh. 120, §35. 09-10:164, 13-14:219. 
 
 Disposition of License Fees 
 
 93%. Disposition of oyster dredge li- 
 censes: To be paid to State Treasurer 
 in absence of special statutory distri- 
 bution thereof. L. '99, ch. 117, § 11. 
 
 01-02:7. 
 
 IV. Liocations and Appliances 
 Sites and liOcatlon — Priority 
 
 94. Flume diverting water to the 
 deprivation of lower riparian owners 
 illegal. 01-02:85. 
 
36 Digest of the Opinions of the Attorney General 
 
 FISH — Contlniieil 
 
 Sites and Location — Priority 
 
 95. Rights of upland owners of me- 
 ander river — no prior fishery rights. 
 
 97-98::99. 
 Appliances — What Constitutes 
 
 96. Net trap as a, "fixed appliance" 
 defined. 99-00:179. 
 
 97. Set nets are "fixed appliances" 
 within the act. 99-00:140. 
 
 98. Pound nets constructed with an- 
 chors are subject to same provisions 
 as "pile" nets. 99-00:99. 
 
 99. Pound nets established prior to 
 1893 must be changed to conform with 
 existing statutes. 99-00:53. 
 
 100. Set net included within "other 
 fixed appliances." L. *09, ch. 77, § 2. 
 
 09-10:134. 
 
 101. Pish nets in the possession of an 
 oificer, which had been theretofore 
 seized for illegal use, cannot be de- 
 stroyed by him but are subject to for- 
 feiture and sale under court proceed- 
 ings. Rem.-Bal., §§ 5184, 6185. 
 
 13-14:397. 
 
 102. An invented device for produc- 
 ing air bubbles beneath the surface 
 and used as a lead in connection with 
 traps or purse seines for taking food 
 fish is not an illegal contrivance. Rem.- 
 Bal., §§5191, 5194, 5211, 5224. 
 
 13-14:322, 456. 
 
 103. A pipe line employed as a de- 
 vice in producing an air lead cannot 
 be operated in water having a greater 
 depth than sixty-five feet at low tide. 
 Rem.-Bal., §5183. 13-14:456. 
 
 104. A fixed air lead attached to a 
 purse seine should be anchored in such 
 manner that no part of it will ever be 
 operated in water having a greater 
 depth than sixty-five feet. 13-14:456. 
 
 105. Unless a pound net is designed 
 for the taking of salmon, or is suit- 
 able for that purpose, it is not unlaw- 
 ful to use web the mesh of which are 
 less than three inches stretched meas- 
 ure in construction. 13-14:103. 
 
 106. Use of pound nets authorized, 
 and rights of such grantees Indicated. 
 L. '07, ch. 247, §1. 07-08:375. 
 
 107. Lights on fixed appliances requi- 
 site only upon navigable channels. L. 
 ■93, § 5, p. 16. 93-94:36. 
 
 108. Fixed appliances may be moved 
 from one point in river to another 
 without consent of fish commissioner. 
 
 94-95:20. 
 
 109. Fixed appliances on Skagit river 
 —status of. 97-98:163. 
 
 110. Set nets not a "fixed appliance" 
 within Act of 1897, § 1 (Salmon Fish- 
 ing License Law). March 16, 1897, § 1. 
 
 97-98:157. 
 
 V. Sales 
 Marketing and Sale 
 
 111. British fishermen not entitled to 
 market catch in State of Washington. 
 
 01-02:215; 218, 219. 
 
 112. "Game fish" imported from 
 Alaska may not be sold in this state. 
 
 Rem.-Bal., § 5379. 11-12:76. 
 
 113. No prohibition of sale of salmon 
 caught on Quiniault Indian reserva- 
 tion. 03-04:45. 
 
 114. Owner of artificial fish propa- 
 gation place may propagate flsh there- 
 in but cannot offer the product for 
 sale during "closed" season. 99-00:85. 
 
 115. Section 5213, Rem.-Bal., refers 
 exclusively to salmon and does not ap- 
 ply to persons who sell flsh other than 
 salmon. 13-14:103, 398. 
 
 116. "Wholesalers" under L. '15, ch. 
 31, § 51, are handlers of fish in consid- 
 erable quantities. 15-16:100. 
 
 117. Salmon Sale prohibition applies 
 to salmon taken from Columbia river 
 and tributaries. Bal. Code, § 7377. 
 
 97-98:270. 
 
 118. Peddlers about the streets not 
 within the statute. L. '99, p. 200, § 7. 
 
 01-02:8. 
 
 VI. Offenses 
 Offenses 
 
 119. Infractions of law governing 
 depth for fishing appliances to be 
 prosecuted by prosecuting attorney on 
 complaint of flsh commissioner. 
 
 99-00:125. 
 
 120. Failure to mark license number 
 on boat or nets a misdemeanor. 
 
 97-98:173. 
 Seizure of Gear 
 
 121. Seized appliances to be sold by 
 sheriff on defendant's inability to pay 
 fine. L. '97, p. 218, § 6. 
 
 01-02:61, contra 01-02:84. 
 
Digest of the Opinions of the Attorney General 37 
 
 FISH — Continued 
 Seizure 
 
 122. Condemnation of unlawful Ash- 
 ing gear — seizure to be in nature of 
 condemnation proceedings. 97-98:163. 
 
 Inspection 
 
 123. Salmon Imported from British 
 Columbia without statutory label or 
 brand a violation. 2 Bal. Code, § 7177. 
 
 99-00:208. 
 
 VII. Hatcheries 
 
 Private Hatcheries 
 
 124. Non-meandered lake gives own- 
 er right to resist trespassers. 
 
 99-00:85. 
 
 125. Owner of lake may stock fish 
 therein and sell the product thereof. 
 
 01-02:411, 423. 
 
 126. Grant of private right of fishery 
 may be made by the state. 07-08:375. 
 
 127. Private fish hatcheries may be 
 established. Bal. Code, § 7390. 
 
 07-08:334. 
 
 VIII. Officers 
 Commissioners and Deputies 
 
 128. Fish commissioner and deputies 
 governed by the general laws relating 
 to attendaince of witnesses, etc. 
 
 99-00:124. 
 
 129. Commissioner has no authority 
 to appoint deputies serving without 
 pay and for private individuals. 
 
 99-00:53. 
 
 130. The flsh commissioner and his 
 deputies have authority to administer 
 oaths on claims of persons furnishing 
 supplies to the fisheries department. 
 Rem. -Bal., §§ 5223, 8354. 13-14:286. 
 
 131. Deputy fish^ commissioner's bond 
 to be filed in office of flsh commis- 
 sioner. 97-98:199. 
 
 132. Failure to make monthly report 
 of fish traps, etc., and number of fish 
 caught constitutes a misdemeanor. 
 Rem.-Bal., §§5211, 5227. 13-14:540. 
 
 Flsh Commissioners — Salaries and Ex- 
 penses and Fines 
 
 133. Salaries of deputies under in- 
 jgufficient appropriation — ^to be compen- 
 sated by legislative relief. 01-02:43. 
 
 135. Expenses of special employees 
 of flsh department authorized. 
 
 01-02:365. 
 
 136. Section 5219, Rem.-Bal., relating 
 to the disposition of fines for violation 
 
 of fishing law applies to Rem.-Bal., 
 § 5186, but does not apply to Rem.- 
 Bal., §§ 5199 and 5200. Rem.-Bal., 
 §§5186, 5199, 5200, 5219. 13-14:502. 
 
 137. Right of deputy fish commis- 
 sioner to one-half of fines for violating 
 fishery law abolished by Li. '99, § 13. 
 §21, ch. 117. 07-08:9. 
 
 138. Commissioner's traveling ex- 
 penses properly chargeable against 
 flsh commission fund. 97-98:199. 
 
 FOOD liA-WS 
 Adulteration 
 
 1. Rice coated with glucose as a, pre- 
 servative, and which the consumer is 
 warned to remove, not per se an adul- 
 teration. Rem.-Bal., §5455. 11-12:159. 
 
 Commissioners 
 
 2. Dairy and food commissioners 
 must publish monthly reports of adul- 
 terations. L. '07, ch. 211, § 15. 
 
 07-08:148. 
 Inspection 
 
 3. Food commissioner has authority 
 to inspect small as well as large 
 dairies. Rem.-Bal., § 5448e. 11-12:74. 
 
 Labels and Brands 
 
 4. Labels of "Process Butter" must 
 be printed in plain letters. L. '99, ch. 
 43, §30. 07-08:234. 
 
 5. Substitutes of butter wrappers of 
 different brands prohibited. Rem.-Bal., 
 § 5447-d. 11-12:157. 
 
 6. Manufacturers only are entitled to 
 butter trade brand. Rem.-Bal., §5447d. 
 
 11-12:157. 
 
 7. Name and address of a manufac- 
 turer need not appear on butter wrap- 
 pers. Rem.-Bal., § 5447d. 11-12:157. 
 
 8. Misbranding evaporated milk cans 
 prohibited. L. '07, ch. 211. 07-08:443. 
 
 9. Misbrand applies only when "state, 
 territory or country" of manufacture 
 is misrepresented. L. '07, ch. 211, § 4. 
 
 07-08:176. 
 
 10. Manufacturing under fictitious 
 firm name a misbranding. L. '07, ch. 
 211. . 07-08:431. 
 
 Prosecution and Disposition of Fines 
 
 11. Requirements for successful pros- 
 ecution under the act indicated. 
 
 99-00:119. 
 
 12. Collection of fines, disposition 
 thereof and proceeding before justices 
 
38 
 
 Digest of the Opinions of the Attorney General 
 
 FOOD liAWS — Continued 
 Prosecution and Disposition of Fines 
 
 of the peace for violation of the Pure 
 Pood Law indicated. Rem.-Bal., §§5463, 
 5465. 11-12:52. 
 
 13. No appropriation for payment of 
 costs in criminal actions to enforce 
 Pure Food Law. L. '01, p. 194. 
 
 03-04:173. 
 
 Dairies — License 
 
 14. Dairies of not more than two 
 cows in first-class cities are not re- 
 quired to be licensed, except sale li- 
 cense of $1.00. Rem.-Bal., § 5446 (9). 
 
 11-12:74. 
 FOREST COMMISSIONERS 
 
 The state forest commission has 
 power for protective purposes, either 
 alone or in conjunction with others, to 
 construct telephone lines into timbered 
 areas and to permit settlers to con- 
 nect with the lines. L. '11, ch. 125. 
 
 13-14:418. 
 FOREST FIRES 
 
 The extinguishment of forest fires on 
 private lands by state Are wardens is 
 a voluntary act for which the land- 
 owner cannot be required to reimburse 
 the state. Rem.-Bal., §§ 5217-1 et seq. 
 
 13-14:516. 
 FRANCHISES 
 
 (See Highway Commissioners, 5.) 
 
 FRUIT INSPECTOR 
 
 1. County inspector of fruits cannot 
 charge county with traveling expenses. 
 L. '99, ch. 127, §1. 01-02:193. 
 
 2. County commissioners no author- 
 ity to limit days in which fruit inspec- 
 tor shall be employed. L. '99, p. 246. 
 
 01-02:225. 
 FUNDS 
 
 (See Cities; Counties; Game, 63-65; 
 Horticulture, 7; Licenses, 3; Public 
 Lands, 101, 102; Schools, 14-29; Tide 
 Lands, 14-18.) 
 
 1. All moneys collected by any state 
 institution to go to State Treasurer. 
 L. '07, p. 179, § 1. 07-08:178. 
 
 2. "General Fund" referred to in L. 
 '15, oh. 186, § 2, refers to general fund 
 created by the act of 1890, and "cur- 
 rent expense fund" in same section 
 means the current expense fund cre- 
 ated by the act of 1897. L. '15, ch. 186. 
 L. '97, ch. 84, §§ 1, 3. Rem.-Bal., §§7685, 
 5131. 15-16:136. 
 
 Borrowing by One Fund From Another 
 
 3. Borrowing by one fund from an- 
 other prohibited by constitution. 
 
 97-98:204. 
 
 Deposits of State Money — Security 
 
 4. Street railroad bonds cannot be ac- 
 cepted in lieu of surety bonds as se- 
 curity for deposits of state moneys. 
 Rem.-Bal., § 5066. L. '09, ch. 93, § 21. 
 L. '11, ch. 117. 13-14:336. 
 
 Officers — Deposit of Collected Moneys 
 
 5. Ch. 30, L. '11, amend. § 8351, Rem.- 
 Bal., relating to tlje deposit of col- 
 lected funds by public officers con- 
 strued. 11-12:33. 
 
 6. Change of rate of Interest on pub- 
 lic indebtedness, no retroactive effect. 
 
 93-94:11. 
 GAME FISH 
 (See Game.) 
 
 I. Nature and Extent of Lafv 
 II. Warden and Commissioners — 
 Jurisdiction — Compensation 
 III. Protection and Reg:nlatlon 
 IV. Licenses 
 
 V. Method of Hunting and Fishing 
 VI. Oflenses 
 VII. Funds 
 (I) Nature and Extent of La^v 
 
 1. Laws of 1911, ch. 50, regulating 
 black bass and perch fishing is im- 
 pliedly repealed by L. '13, ch. 50, |§ 41, 
 42. 13-14:140. 
 
 2. Permits for th^ propagation of 
 game birds and animals, together with 
 authority to sell or ship them, may be 
 issued without changing a fee or re- 
 quiring a. bond. L. '13, ch. 120, § 21. 
 
 13-14:200. 
 
 3. No fees can be charged for the 
 permit to collect nests, eggs, etc., of 
 game birds for scientific purposes. L. 
 '13, ch. 120, § 14. 13-14:200. 
 
 4. The Game Code of 1913 authoriz- 
 ing the collection of game birds and 
 animals, and nests and eggs, does not 
 conflict with L. '03, ch. 134, which ap- 
 plies to wild birds and exempts game 
 birds. L. '13, ch. 120, § 14. Rem.-Bal., 
 §§5345-5351. 13-14:200. 
 
Digest of the Opinions of the Attorney General 
 
 39 
 
 game: — Continued 
 
 (I) Xature and E^xtent of Law 
 
 5. Section 1, ch. 90, L. '11, does not 
 repeal § 2, ch. 222, L. '07. Op., Nov. 3, 
 1909. 11-12:119. 
 
 6. Only trout and the larger food 
 fish protected by law. 97-98:171. 
 
 7. "Herein" as used in § 10, House 
 hill No. 106, held to refer to entire act. 
 
 03-04:200. 
 
 (II) Warden and Commissioners — Ju- 
 risdiction 
 
 8. "Ocean beaches" apply only to 
 beaches fronting on open waters of 
 Pacific ocean and Straits of Juan de 
 Fuca. Ex. Sess. '09, ch. 12, § 4. 
 
 09-10:175. 
 
 9. Chapter 120 of Laws of 1913 covers 
 the same subject-matter as §§ 5318 to 
 5322, inclusive, Rem.-Bal., and repeals 
 the same, and the office of state game 
 warden and chief deputy state game 
 warden as provided in said sections 
 are abolished. 13-14:103. 
 
 10. Have authority to employ a 
 county official as clerk who is already 
 drawing a salary, and pay him for his 
 services if the duties of the two posi- 
 tions are not incompatible. 13-14:200. 
 
 11. Has no authority to appoint one 
 of its own members clerk and pay him 
 a salary under § 2334, Rem.-Bal. L. 
 ■13, ch. 120, § 6. 13-14:200. 
 
 12. The county game commission has 
 no authority to appoint one of its own 
 members county game warden. L. '13, 
 ch. 120, § 2. Rem.-Bal., § 2334. 
 
 13-14:200. 
 
 13. Members of a county game com- 
 mission are appointed for no definite 
 term and are removable at the pleas- 
 ure of the officer appointing them. L. 
 '13, ch. 120, § 2. 13-14:200. 
 
 14. The park board of a city cannot 
 sell to an individual to be transported 
 abroad elk in its possession without 
 the consent of the state game warden 
 or the county game commission. L. 
 '13, ch. 120, §§ 14, 21, 30, 33, 37. 
 
 05-06:438, 13-14:383. 
 
 Compensation — Game Commission 
 
 15. The chief game warden can 
 legally pass upon and approve vouch- 
 ers for expenses in connectirfn ■with 
 administration of his own office and 
 that of chief deputy game warden. L. 
 '13, ch. 120, §§2, 3. 13-14:171. 
 
 16. An incumbent of the office of 
 chief game warden, holding under 
 appointment by proper authority, 
 whether lawfully or not, is a de facto 
 officer whose acts are valid and bind- 
 ing. 13-14:171. 
 
 17. Bills and claims for salaries and 
 expense incurred under the provisions 
 of the Game Code are audited and paid 
 as other county claims, but the deter- 
 mination of their necessity rests with 
 the game commission. L. '13, ch. 120, 
 §34. 13-14:200. 
 
 18. Traveling expenses of members 
 of county game commissions in at- 
 tending meetings or in inspecting 
 hatchery and game preserve sites are 
 not allowable. L. '13, ch. 120, § 34. 
 
 13-14:200. 
 
 19. County game commission mem- 
 bers are not entitled to compensation 
 for their services. L. '13, ch. 120, § 34. 
 
 13-14:200. 
 
 20. Salary and expenses of a county 
 game warden transferred to another 
 county on official business are payable 
 from the game fund of the county 
 where the work is done.. L. '13, ch. 
 184, and ch. 120, §§ 15, 16, 34, 2., 
 
 13-14:200. 
 
 21. The county game warden or spe- 
 cial deputy is entitled to allowance 
 for maintaining an office at. county 
 seat, necessary expenses incurred in 
 traveling, and any other expenses 
 which are incident to the office. L. 
 '13, ch. 120, § 34. 13-14:200. 
 
 22. Violation of salmon fishery act 
 does not entitle deputy county game 
 warden to one-half of fine as compen- 
 sation. 01-02:9. 
 
 Game "^^arden and Commissioners 
 
 23. County game warden is an ap- 
 pointive and not an elective officer. 
 Const., art. II, § 5. Rem.-Bal., § 5323. 
 
 11-12:108. 
 
 24. County commissioners may not 
 reappoint one to the game commission 
 who has been removed by the state 
 game warden. Rem.-Bal., § 5395-2. 
 
 13-14:200, 15-16:336. 
 
 25. Game warden as appointive office 
 being abolished incumbent may be ap- 
 pointed deputy sheriff and paid from 
 game protection fund. 07-08:337. 
 
 26. Appointment of game warden by 
 commissioners obligatory on petition 
 
40 
 
 Digest of the Opinions of the Attorney General 
 
 GAMI} — Continued 
 
 Game Warden and Commissioners 
 
 of 100 taxpayers. Bal. Code, vol. 2, 
 § 7363; L. '01, p. 281, § 6. 01-02:97. 
 
 27. County game warden must bear 
 the expense of defending a quo war- 
 ranto proceeding against himself. 
 
 15-16:63. 
 
 28. County game commissioners are 
 not authorized to employ legal counsel 
 other than the county attorney. Rem.- 
 Bal., §§5116, 3961-2-3. 15-16:63. 
 
 29. Have not power to sell a, launch 
 in use for game protection purposes; 
 that power resides only in the county 
 commissioners. L. '13, ch. 120. Rem.- 
 Bal., § 3890. 13-14:200. ill. 
 
 30. A launch belonging to a county 
 game commission cannot be sold with- 
 out strictly complying with the statute 
 governing sale , of county property. 
 Rem.-Bal., §3841. 13-14:414. 
 
 31. A deputy county game warden is 
 not entitled to fees for making ar- 
 rests but may properly be allowed nec- 
 essary traveling expenses in discharg- 
 ing that duty. L. '13, ch. 120, §§ 6, 7, 
 17, 34. 13-14:200, 475. 
 
 (Ill) Protection and Regulation 
 
 32. Killing of quail lawful, when. L. 
 '01, p. 234, § 2. 01-02:243. 
 
 33. Trout closed season, L. '95, p. 334, 
 not repealed by ch. 77, L. '09. 09-10:64. 
 
 34. The open season for blue grouse 
 west of the Cascade mountains is re-- 
 strioted to the last fifteen days of Sep- 
 tember. L. '13, ch. 120, §25. 13-14:179. 
 
 35. There is no closed season within 
 a United States military reservation. 
 
 13-14:174. 
 
 36. The county game commission 
 has no authority to throw open or re- 
 move restrictions placed upon lakes 
 and streams by the county commis- 
 sioners under L. '11, ch. 90, § 4, during 
 the period when such lakes and 
 streams are closed. 13-14:200. 
 
 37. The county game commission has 
 authority to purchase and maintain 
 such conveyances, appliances and 
 equipment as are necessary to prop- 
 erly enforce the law, and to pay for 
 the same out of the fund available In 
 the county game fund. 13-14:200. 
 
 38. The equipment such as launches, 
 etc., purchased by the county commis- 
 
 sion under the old act for use of game 
 protection should be turned over to 
 the county game commission to be 
 used by them for the same purpose. 
 (See preceding note.) 13-14:200. 
 
 39. Deer hunting in Island county 
 during November prohibited. 
 
 09-10:115. 
 
 4ff. The closed season for blue grouse 
 in the counties in western Washington 
 extends from the first day of Decem- 
 ber' to the first day of September of 
 the following year. D. '13, ch. 120, § 25. 
 13-14:179, 518. 
 
 Preserves and Hatclieries 
 
 41. The county game commission has 
 authority to lease or purchase sites 
 for the construction of trout hatch- 
 eries under subd. 3 of § 4, D. '13, ch. 
 120. 13-14:200. 
 
 42. Game commission may reduce the 
 area of a, game preserve established 
 under the act of 1913. L. '13, ch. 124, 
 § 4, subd. 7. L. '15, ch. 151, § 8. 
 
 15-16:168. 
 
 43. Game preserves existing under 
 subd. 7, § 4, ch. 120, L. '13, are not 
 abolished by § 8, ch. 151, L. '15. 
 
 15-16:104. 
 (IV) Lilcenses 
 
 44. License required for hunting on 
 land owned by licensee. 01-02:145. 
 
 45. County hunting license valid only 
 in county of its issuance. 03-04:120. 
 
 46. An alien is entitled to a, hunting 
 and fishing license, regardless of 
 whether he has a prior license to carry 
 firearms. 13-14:144 and 126. 
 
 47. Soldier residing within a United 
 States military reservation hunting in 
 a county outside the reservation should 
 have a state or county license as pro- 
 vided in subd. (a) or (b) of § 35, ch. 
 120, L. '13. 05-06:159, 13-14:174. 
 
 48. County auditor issuing hunting 
 and fishing license to alien has no 
 authority to write on said license that 
 it grants holder no authority to hunt. 
 L. '13, ch. 120. 13-14:126. 
 
 49. Hunting on government reserva- 
 tion may be without state license. 
 
 03-04:313. 
 
 50. Granting a hunting and fishing 
 license to an alien Implies nothing ex- 
 cept that the license shall be subject 
 to the penalty under the game law 
 
Digest of the Opinions of the Attorney General 
 
 41 
 
 game: — Continued 
 
 (IV) Licenses 
 
 unless he pays the license fee. L. '13, 
 ch. 120, § 35. 13-14:126. 
 
 51. Valid only in county of issuance. 
 
 09-10:72. 
 
 (V) Method of Hunting and Fishing 
 
 52. The Game Code adopted by the 
 legislature in 1913 (Ch. 120, L. 1913) 
 does not repeal the laiir providing for 
 open season for deer on islands dur- 
 ing the month of October in each year. 
 L. -07, ch. 222, § 2. L. Ex. Sess. '09, 
 ch. 12, § 1. L. -11, ch. 90, § 1. 
 
 13-14:161, 09-10:115, 
 11-12;119. 
 
 53. The hunting of deer with dogs 
 being declared a gross misdemeanor ' 
 without prescribing any penalty, the 
 offense is subject to the penalty pre- 
 scribed by the Criminal Code. L. '13, 
 ch. 120, § 23. Rem.-Bal., § 2267. 
 
 13-14:305. 
 
 54. Section 3, act of 1897, not re- 
 pealed by act of 1903 (hunting deer 
 with dogs.) 03-04:305. 
 
 55. Deer hunting with dogs at any 
 time prohibited. L. '09, ch. 90, § 1. 
 
 11-12:129. 
 
 56. Shooting ducks from power boat 
 prohibited by § 6, p. 96, L. '03, impli- 
 edly repealed by § 5, p. 45, L. '09 (Ex. 
 Sess.). L. '03, p. 96, § 6. L. '09, p. 45, 
 §5. 11-12:153. 
 
 57. Hunting with dogs under § .3, p. 
 278, L. '99, not repealed by Laws Ex. 
 Sess. '09, ch. 12. 09-10:126. 
 
 (VI) Oflenses — Prosecution of 
 
 58. Game warden to complain to 
 prosecuting attorney. 01-02:121. 
 
 59. An ordinary gun used in the or- 
 dinary manner is not subject to con- 
 fiscation when found in the possession 
 of one who has violated the provisions 
 of the Game Code. L. '13, ch. 120, § 4, 
 subd. 6, 12, 24. 13-14:200. 
 
 60. Costs of prosecutions for violat- 
 ing the game laws should be paid 
 from the general fund of the county 
 and not from the game fund. L. '13, 
 ch. 120, §§ 15, 16, 34. 13-14:327, 200. 
 
 61. County game wardens have no 
 claim to any portion of fines secured 
 from game or fish law violations. 
 
 07-08:9. 
 
 62. One-half fee to informer repealed 
 by §§ 12, 13, Laws of 1903. 07-08:520. 
 
 (VII) Funds 
 
 63. The board of county commission- 
 ers has no control over the county 
 game fund and cannot transfer it to 
 any other fund. 13-14:200. 
 
 64. Control of moneys in the game 
 protection fund and of the equipment 
 used for protection purposes, passed 
 from the county commissioners to the 
 county game commission on the tak- 
 ing effect of the game code of 1913. 
 § 5327, Rem.-Bal. L. '13, ch. 120, § 53. 
 
 13-14:200. 
 
 65. Court costs taxable in criminal 
 cases under the game code do not 
 pass to the game fund under the allot- 
 ment of "fines and costs", the term 
 merely relating to special costs col- 
 lected by the game officers in the pur- 
 suit of their duties. L. '13, ch. 12.0, 
 §§ 2, 5, 15, 16, 7, 34, 49. 13-14:200. 
 
 GARIVISHMBIVT 
 
 (See Pees, 13, 28-30, 43, 78, 79.) 
 
 GAS 
 
 (See Public Lands, 5, 8, 10, 11, 66, 132; 
 Tide Lands, 20, 25.) 
 
 GBOI/OGICAL SURVEY, BOARD OF 
 
 To audit and allow all germane 
 ^claims. 01-02:114. 
 
 GIRLS, IIVCORRIGIBLB 
 
 Board of Control has no authority 
 to transport or maintain incorrigible 
 girls at any other place than Chehalis. 
 § 8955, Rem.-Bal. 11-12:120. 
 
 GOVERNOR 
 
 (See Public Lands, 93.) 
 
 1. Lieutenant governor succeeding 
 to the governorship, not authorized to 
 appoint a lieutenant governor to him- 
 self. 01-02:339. 
 
 2. Nominations by governor's prede- 
 cessor may be withdrawn from senate's 
 consideration any time prior to sen- 
 ate's action thereon. 97-98:104. 
 
 GRAIIV 
 
 (See Taxation, 128, 177, 181, 183, 229.) 
 Inspection 
 
 1. Grain weighed at an interior in- 
 spection point is not to be re-weighed 
 at terminal point. L. '11, ch. 91. 
 
 11-12:317. 
 
42 
 
 Digest of the Opinions of the Attorney General 
 
 GRAIN — Continued 
 Inspection 
 
 2. Claims against the state to be 
 audited and allowed even where no ap- 
 propriation is made to pay the same. 
 (Reversed J. J. Rippetoe v. Cheetham, 
 17 "Wash. 483.) 97-98:71. 
 
 3. Grain received at West Seattle not 
 considered as at Seattle, a designated 
 inspection point, but to be so designat- 
 ed by inspector. 94-95:45. 
 
 4. Grain inspection fee of $5.00 for 
 each scale inspected authorized. §§ 19- 
 20, Inspection Act. 99-00:188. 
 
 5. Certification of indebtedness not 
 to be issued for claims against the 
 state does not apply to grain inspec- 
 tion claims. 97-98:195. 
 
 6. Inspection of oats on docic during 
 transit from Oregon to Alaska not 
 requisite. 01-02:364. 
 
 7. Grain enroute to the Orient but 
 unloaded and stored in "Washington 
 warehouses is subject to inspection. 
 
 03-04:324. 
 
 8. "Milling" defined, and collection 
 of inspection fees indicated. 97-98:206. 
 
 9. Appropriation made in 1888 may 
 be lawfully expended in 1891. 
 
 91-92:161,216. 
 Inspectors 
 
 10. Clerical assistance a proper ex- 
 pense incidental to the office. § 39, In- 
 spection Act. 94-95:55. 
 
 11. Funds collected as a result of in- 
 spection not to be diverted to depu- 
 ties' claims. 97-98:123. 
 
 12. Claims of deputy grain inspec- 
 tors entitle to issuance of certificate of 
 indebtedness. L. '90, p. 641, % 22. 
 
 97-98:168. 
 HABIIAS CORPUS 
 (See Fees, 19.) 
 
 HARBOR ARBA 
 
 (See Tide Lands.) 
 
 Lease 
 
 1. Rentals from Improved harbor 
 areas within a port district go di- 
 rectly to the port district and not to 
 the state treasury. L. '13, ch. 168, §1; 
 ch. 170, % 1. 13-14:116, 341. 
 
 2. Applications pending for lease of 
 harbor area within a port district at 
 the time chapter 169, Laws of 1913, be- 
 
 came effective should be transmitted to 
 the port commission. 13-14:258. 
 
 3. Applications for division of leases 
 covering harbor area or tide lands 
 within port districts, and issuance of 
 new leases in lieu thereof should be 
 referred to the port commission. 
 
 13-14:258. 
 
 4. Commissioner of Public Lands 
 should continue to receive and receipt 
 for rentals payable on existing leases 
 of harbor area and tide lands within 
 port districts. 13-14:258. 
 
 5. Jurisdiction of land commissioner 
 to lease or sell shore lands in port dis- 
 tricts not divested by power granted 
 port commission to lease harbor areas. 
 
 13-14:258. 
 
 6. The period within which prefer- 
 ence right to lease harbor area may 
 be exercised commences to run from 
 date of filing of the plat and ap- 
 praisal of the tide and shore lands. 
 Rem.-Bal., §§ 6769, 6770, 6772, 6773. 
 
 13-14:117. 
 
 7. The rental value of harbor area 
 leases must be fixed by the board of 
 state land commissioners for the full 
 term of such leases, never for a par- 
 tial term. Rem.-Bal., § 6774. 
 
 09-10:38, 13-14:314. 
 
 8. The rental for harbor area leases 
 must be reserved for an annual sum 
 covering the full term and cannot be 
 fixed on a sliding scale. Rem.-Bal., 
 § 6774. 09-10:38, 13-14:314. 
 
 9. The leasing of harbor areas with- 
 in the limits of a port district is 
 vested in the port commission, not in 
 the state land commissioner. L. '13, 
 ch. 169. 13-14:258. 
 
 10. Graded scale of rentals in lease 
 of harbor area not permissible. 
 
 09-10:38. 
 Harlior Line 
 
 11. Harbor lines may be established 
 in front of cities and towns on the 
 Columbia river. 03-04:179. 
 
 12. First-class shore lands may in- 
 clude the area between ordinary high 
 water and United States pierhead line. 
 
 03-04:306. 
 
 13. The possession of harbor area 
 asserted only under and by virtue of 
 a grant or license act of the terri- 
 torial legislature is without right or 
 
Digest of the Opinions of the Attorney General 
 
 43 
 
 HARBOR ARBA — Continued 
 Harbor Lines 
 
 authority as against the state. L. 1867, 
 p. 216. Const., art. XV. 13-14:481. 
 
 14. Not mandatory to establish har- 
 bor lines in front of all incorporated 
 cities situated on navigable waters. 
 
 03-04:306. 
 
 15. Meander lines not intended as 
 boundaries, line of ordinary high water 
 marlc determinative — ownership in 
 state up to ordinary high water mark. 
 
 01-02:294. 
 
 Harbor Line Commission 
 
 16. "Navigable waters" defined. 
 
 91-92:104. 
 
 17. Duties of commission indicated. 
 
 91-92:104. 
 
 18. Tide lands at Straits of Puca. 
 Harbor line commission. L. '89 p. 269, 
 § 3. 91-92:192. 
 
 19. Traveling expenses of Commis- 
 sioner of Public Lands payable from 
 "harbor area" appropriation. 
 
 03-04:148. 
 
 20. Jurisdiction of harbor line com- 
 mission not affected by alluvidn and 
 erosion. 91-92:199. 
 
 21. Columbia river shore at Van- 
 couver, Washington. Jurisdiction of 
 harbor line commission in relation to 
 navigable waters and riparian rights, 
 meander lines, wharves and high tide 
 and high water determined. 
 
 91-92:199. 
 HBAD OP PAMIIiY 
 
 (See Taxation, 160, 166.) 
 
 HEAIiTH 
 
 (See Cemeteries; Cities and Towns, 
 37-40; Schools.) 
 
 Public — Board of Healtli — General 
 Functions 
 
 (See Cemeteries; Cities and Towns, 
 36-40; Indians, 12; Schools, 338, 339; 
 Vaccination.) 
 
 1. Shipping may be examined by 
 state's health officers. 99-00:185. 
 
 2. State board of health has author- 
 ity to compel "proper construction" 
 of municipal sewers emptying into 
 streams used for drinking purposes. 
 
 07-08:305. 
 
 3. State board of health to enforce 
 health measures when counties delay 
 in an emergency. 01-02:311. 
 
 4. Has not the power to purchase of- 
 fice furniture for its use. 99-00:53. 
 
 5. Board of health has only indirect 
 authority to enforce order of hotel in- 
 spectors against violation of sanitary 
 laws. 11-12:234. 
 
 6. Board of health has only statu- 
 tory authority to enforce sanitary 
 camp conditions. Rera.-Bal, §§ 5406, 
 5548. 11-12:238. 
 
 7. Board of health files of Informa- 
 tion for office are not records required 
 to be kept by law. Rem.-Bal., § 5404 
 et seq. 11-12:115. 
 
 County 
 
 8. Limits of jurisdiction of city and 
 county health officers Indicated. L. 
 '07, ch. 85. 07-08:199. 
 
 9. County health officer not required 
 to be a, citizen. L. '07, ch. 85, § 1. 
 
 07-08:493. 
 
 10. County health officer is "county 
 physician" employed to furnish med- 
 ical aid to indigent. L. '05, p. 83, § 1. 
 L. '07, ch. 85. 07-08:47. 
 
 11. County commissioners constitute 
 county board of health. 01-02:335. 
 Nuisances, Abatement 
 
 12. Health officer authorized by city 
 ordinance may proceed against nui- 
 sances declared by ordinance or gen- 
 eral law. Rem.-Bal. §§ 5536, 5544. 
 
 11-12:115. 
 
 13. Third and fourth-class cities 
 have authority to declare and abate 
 nuisances. Rem.-Bal., §§ 7689, 7736, 
 8315, 8317. 11-12:115. 
 
 14. Prosecuting attorney, and not the 
 fish commissioner, the proper party to 
 abate a nuisance arising from care- 
 less disposition of offal from fish can- 
 neries. 99-00:98. 
 
 15. Board of health has no direct 
 authority to proceed against hog 
 ranches adjacent to cities. Rem.-Bal., 
 §5543. 11-12:234. 
 
 16. Contagious disease in unincorpo- 
 rated town to be reported to county 
 auditor. L. '03, pp. 84, 85. 03-04:250. 
 
 17. County health officer has exclu- 
 sive Jurisdiction of towns of fourth- 
 class as to contagious diseases. L. '03, 
 p. 83. 03-04:214, 215. 
 Vital Statistics 
 
 18. Physicians to. report births and 
 deaths without compensation. L. '91, 
 §4. " 93-94:68. 
 
44 
 
 Digest of the Opinions of the Attorney General 
 
 HBALTH — Contlnuca 
 Vital Statistics 
 
 19. City council may fix fee within 
 limit of 25 cents for birth and death 
 certificates. L. '07, oh. 83. 07-08:203. 
 
 HIGHWAY COMMISSIONERS 
 
 (See Highways, 59-61.) 
 
 1. Deputy highway commissioner has 
 no autliority to act as a member of 
 the state highway board in the ab- 
 sence of the highway commissioner. 
 Eem.-Bal., §§ 5867-3, 5871-1. 
 
 09-10:18, 15-16:151. 
 
 2. Per diem "compensation" deter- 
 mined by actual days employed. L. 
 •93, p. 403, §11. 93-94:37. 
 
 3. OflBcer appointed after an act in- 
 creasing the salary of the office had 
 been signed by the Governor but be- 
 fore the expiration of ninety days is 
 entitled to the increase. L. '11, p. 158. 
 
 11-12:95. 
 
 4. State highway commissioner is not 
 a state officer requiring that he be a 
 citizen of the United States. Const., 
 art. 3, §25. 07-08:43. 
 
 5. State highway commission has no 
 power to grant electric railway fran- 
 chise. 11-12:131. 
 
 HIGHWAYS 
 
 (See Highway Commissioners; Pub- 
 lic Lands, 112; Streets and Alleys; Tax- 
 ation, 13, 109, 311; 366.) 
 
 I. 
 
 Establishment 
 
 II. 
 
 Construction 
 
 III. 
 
 Taxes and Assessments 
 
 IV. 
 
 Appropriations 
 
 V. 
 
 Bridges 
 
 VI. 
 
 State Commissioner 
 
 VII. 
 
 Road Districts 
 
 VIII. 
 
 Rights of Way 
 
 IX. 
 
 Supervisors 
 
 Establishment — Generally 
 I. Establishment 
 
 1. Failure of legislature to provide 
 for a commission to construct state 
 wagon road in Perry county author- 
 izes executive to direct' said construc- 
 tion. 99-00:47. 
 
 2. Location of county roads over 
 state lands under act of Congress as 
 territory and prior and subsequent to 
 1895 as state, indicated. 01-02:65. 
 
 - 3. Permanent highway improvement 
 district comprises land on either side 
 
 to one-half mile from road margin. L. 
 '11, ch. 35, §10. 11-12:178. 
 
 4. Road notices under 1944-1948 road 
 law not required to be published by 
 any county officer. Vol. 1, Op., p. 220. 
 
 93-94:77. 
 
 5. Highways over Federal lands may 
 be freely established prior to valid 
 entry thereon under United States land 
 laws. Rev. Stat. U. S., § 2477. 
 
 03-04:264. 
 
 Establishment — Petition 
 
 5%. Petition to establish permanent 
 highway to contain the names of own- 
 ers of two-thirds of lineal feet front- 
 ing highway. L. '11, ch. 35. 11-12:178. 
 
 Establishment — County Contribution 
 
 6. Cities and counties may voluntar- 
 ily co-operate in building arterial 
 highways. L. "15, ch. 171. 15-16;166. 
 
 7. Right-of-way expenses incurred 
 under permanent highway construc- 
 tion proceedings payable from county 
 general road and bridge fund. 
 
 11-12:15,263. 
 
 8. Status of bridge connecting roads 
 in a given district, but not connected 
 with roads in either of the remaining 
 districts of the county, a question of 
 fact for the determination of county 
 commissioners. 03-04:157. 
 
 9. When there is sufficient money in 
 the permanent highway fund to the 
 credit of any county to meet pay- 
 ments due on valid highway contracts, 
 the auditor must issue warrants there- 
 for, although the aggregate contract 
 price may exceed the county's share of 
 the fund at the time of issuance. Rem.- 
 Bal., §§5879-9, 5879-14. 
 
 11-12:138, 13-14:439. 
 
 10. Township funds are not subject 
 to contribute to cost of road construct- 
 ed under "Permanent Highway Law." 
 L. '11, ch. 35. 11-12:366. 
 
 11. County as contractor on state aid 
 road not required to give bond. L. '09, 
 ch. 150, § 8. 09-10:42. 
 
 12. County to exercise its discretion 
 in disbursing Snoqualmie Pass road 
 i'an&a. 99-00:156. 
 
 13. An issuance of state bonds to pay 
 for the state's share of the cost of an 
 interstate bridge is illegal unless rati- 
 fied by popular vote at a general elec- 
 tion. Const., art. VIII, § 3. 13-14:185. 
 
Digest of the Opinions of the Attorney General 
 
 45 
 
 HIGHWAYS — Continued 
 BstabUsliment — County Contribution 
 
 14. State highway board no author- 
 ity to change route projected 'by coun- 
 ty commissioners. 09-10:16. 
 
 15. State co-operation with town or 
 county in building bridges to be upon 
 approval of highway commissioner. 
 
 09-10:81. 
 
 16. Counties have no authority other 
 than Bal. Code, § 3771, to condemn for 
 highway purposes. 09-10:62. 
 
 17. Conduits of irrigation ditches 
 across highways to be constructed 
 from joint state and county highway 
 fund. L. '90, p. 706, § 21. 07-08:228. 
 
 18. Counties to Iceep local portions 
 of state roads and bridges in repair. 
 
 07-08:317. 
 
 19. Counties may contribute from 
 their general road and bridge funds to 
 aid of local state roads. T/. '13, ch. 151, 
 § 2; ch. 25, § 1; ch. 65, § 6. 15-16:186. 
 
 U. Construction 
 
 Construction, Improvement and Re- 
 pair — Contracts 
 
 20. Only "actual cost of construc- 
 tion" of Wenatchee bridge to be paid. 
 
 09-10:36. 
 
 21. Failure to respond to notice of 
 location of county highway not a 
 waiver of claim of damages therefor. 
 
 03-04:128. 
 
 22. County commissioners not liable 
 for overpayment of contractors on in- 
 correct report of county engineer. Bal. 
 Code, §492. 09-10:5. 
 
 23. Modification of contract to elim- 
 inate, macadamizing prohibited.' L. '07, 
 ch. 150. 09-10:95. 
 
 24. Contract providing for payments 
 out of permanent highway fund more 
 than two years from first day of May 
 next after passage of appropriation is 
 illegal under art. 8, § 4, of state con- 
 stitution, and would not justify pay- 
 ments for work completed within the 
 life of the appropriation. 13-14:32. 
 
 25. A permanent highway construc- 
 tion contract providing also for pay- 
 ment for its future maintenance is il- 
 legal. L. /ll, ch. 35, § 12. L. '13, ch. 
 154, § 5. Rem. -Bal., §§ 5035-5037, 8354. 
 
 13-14:32, 437. 
 
 26. Payments for engineering, adver- 
 tising, etc., work on permanent high- 
 
 ways as to contracts are to be paid 
 from the county road and bridge fund. 
 L,. '11, ch. 35. 11-12:16. 
 
 27. Constitutionality of chapter 150, 
 Laws of 1907, discussed. 07-08:513. 
 
 28. Bids on permanent state high- 
 ways in excess of the estimates may 
 be accepted when the funds of the 
 county are sufficient. Rem. -Bal., 
 §§ 5879-6, 5879-9. 15-16:323. 
 
 29. "Three successive weeks" re- 
 quire the lapse of twenty-one days be- 
 tween date of first publication and 
 opening of bids. 11-12:105. 
 
 30. Advertisement for bids ' may be 
 in one or more county newspapers at 
 the discretion of the commissioners. 
 L. '11, ch. 35, § 9. 11-12:105. 
 
 31. Streets adjacent to but outside 
 city limits connecting improved coun- 
 ty roads and city streets are to be im- 
 proved jointly by county and city. L. 
 '13, ch. 51. 15-16:83. 
 
 III. Taxes and Assessments 
 Taxes, Assessments and Work on Hlgh- 
 ■way 
 
 32. Right-of-way expense may be 
 met from general road and bridge 
 fund. L. '93, p. 130, §5. 93-95:8. 
 
 33. Commissioners have no authority 
 to abolish "road property fund." Bal. 
 §3812. 99-00:77. 
 
 34. State Treasurer should set aside 
 five per cent of the taxes collected 
 from the levy made in 1913 and sub- 
 sequent years for repair and mainte- 
 nance of state roads. L. '13, chs. 63, 64. 
 
 13-14:^20. 
 
 35. Expense of purchasing or con- 
 demning a right-of-way for a state 
 permanent highway Is not chargeable 
 against an assessment district organ- 
 ized pursuant to such la-w. 1^. '11, ch. 
 35. Rem.-Bal., §§ 5879-1, 5879-19. 
 
 11-12:263, 13-14:548. 
 
 36. Taxes levied for the public high- 
 way fund become available when due, 
 so as to warrant expenditures under 
 appropriations based on such levy. L. 
 '13, chs. 63, 64. 13-14:363. 
 
 37. Donation of 15 per cent charge- 
 able against district road fund as con- 
 tribution to highway construction 
 waives assessment. L. '07, ch. 150, § 9. 
 
 07-08)177. 
 
46 
 
 Digest of the Opinions of the Attorney General 
 
 HIGHWAYS — Continue)! 
 
 III. Taxes and Assessments 
 
 Taxes, Assessments and Work on Hlgh- 
 "%vays 
 
 38. Apportionment may be divided 
 to compensate deficient fund. 
 
 07-08:533. 
 
 39. Contribution by Clarke and Cow- 
 litz counties for the construction of a 
 joint ownership bridge at Woodland 
 to be from current expense fund. L. 
 •11, ch. 81. 11-12:123. 
 
 40. County commissioners may legal- 
 ly contract under the permanent high- 
 way law in excess of cash on hand 
 but within the current fund levy. L. 
 '11, ch. 35. 11-12:138. 
 
 41. Road tax can only be exercised 
 during the current year. 97-98:268. 
 
 41%. Levy of tax for general road 
 and bridge fund controlled by section 
 5590, Rem.-Bal., superseding § 9213, 
 Rem.-Bal. §§ 5590, 9213, Rem.-Bal. 
 
 11-12:150. 
 
 IV. Appropriations 
 Appropriations for 
 
 42. "Cascade Road" not to be done 
 by contract. Act March 15, § 5. 
 
 93-94:47. 
 
 43. Payment for labor on unconsti- 
 tutional project authorized. 94-95:13. 
 
 44. "Pour foot trail" not a wagon 
 road within the act. 95-96:20. 
 
 45. Commission not confined to then 
 possible routes indicated In the act. 
 L. '95, p. 458, § 5. 94-95:19. 
 
 46. Appropriations, how to be ex- 
 pended. 94-95:53. 
 
 47. Right-of-way for a main county 
 thoroughfare is to be purchased out 
 of the general road and bridge fund. 
 L. '13, ch. 151. 11-12:15,263, 15-16:160. 
 
 48. County funds may be appropri- 
 ated to complete state road locally on 
 exhaustion of state appropriation. 
 
 97-98:335. 
 
 49. Unexpended balance of appropri- 
 ation legally appropriated by acts of 
 1895 and 1897. L. '93, ch. 126, § 10. L. 
 '95, ch. 168, § 14. 97-98:289. 
 
 50. The redemption of bonds issued 
 for the purchase of a, bridge across a 
 state river is legal, where the legis- 
 lature has appropriated money for that 
 purpose. L. '09, ch 78. L. '13, ch. 12, 
 p 22 13-14:185, 268. 
 
 V. Bridges 
 Bridges 
 
 51. Private bridge over county road 
 not subject to toll without franchise. 
 
 97-98:332. 
 
 52. Resolution of the county com- 
 missioners accepting a. bid when all 
 other statutory requirements are com- 
 pleted for the construction of a county 
 bridge constitutes a binding obliga- 
 tion on the county to perform. Rem.- 
 Bal., § 5675. 15-16:261. 
 
 53. Right of county to own bridge 
 within city limits governed by amend- 
 ment of 1907. § 5, ch. 69, L. '93. 
 
 07-08:409, 
 
 54. Owner of ditch crossing highway 
 must erect and maintain bridges there- 
 over at his own expense 97-98:306. 
 
 55. Indebtedness exceeding 1% per 
 cent statutory limitation is only to be 
 authorized by special election. (Inter- 
 county bridges.) Ch. 56, L. '13. §§5094, 
 5101, Rem.-Bal. 15-16:240. 
 
 56. Right of way for branch county 
 roads is to be purchased from the local 
 road district fund. Ch. 151, L. 13. 
 
 11-12:15, .160, 263. 
 
 57. Mere encroachment on county 
 roads for any number of years cannot 
 be legalized by lapse of time. § 5645, 
 Rem.-Bal. 11-12:270. 
 
 58. When work to begin: On ap- 
 proval by governor of any completed 
 map of route of King, Pierce and 
 Takima county roads. L. '97, p. 342. 
 
 97-98:159. 
 
 VI. State Commissioner 
 Commissioner of State Roads 
 
 69. Mandamus to state road commis- 
 sioner to begin immediate construc- 
 tion of Takima and Buckley State 
 road. 97-98:122. 
 
 60. Failure of commission to begin 
 construction subjects commission to 
 writ of mandate. 97-98:187. 
 
 61. Salary of State Board Road Com- 
 missioner is usual pay as county com- 
 missioner plus $1.00 per day payable 
 out of state appropriation. § 10, p. 344, 
 L- '97. 97-98:173 
 
 VII. Road Districts 
 
 Roads — Districts, Indebtedness 
 
 63. Road funds of road district al- 
 ready in debt is not subject to county 
 bills. 09-10:228. 
 
Digest of the Opinions of the Attorney General 47 
 
 HIGHWAYS — Continued 
 
 VII. Road Districts 
 
 Road» — Districts, Indebtedness 
 
 64. Indebtedness incurred by dis- 
 trict prior to redistricting to be met 
 by special assessment levied on terri- 
 tory of such district. § 7, p. 223, L. '03. 
 
 07-08:389. 
 Districts, Improvement 
 
 65. Commissioners may not make a- 
 road district division oftener than once 
 a. year. §5576, Rem.-Bal. 07-08:7. 
 
 66. County commissioners may redis- 
 trict county from three to four dis- 
 tricts, subsequent to districting made 
 at time of enabling act. L. '03, p. 224. 
 
 03-04:192. 
 
 67. Division of county into road dis- 
 tricts subject to reconsideration by 
 county commissioners. 03-04:159. 
 
 68. Township under township organ- 
 ization plan to be recognized as road 
 district under state aid road law. 
 
 09-10:82. 
 
 69. After January 1, 1908, maximum 
 number of road districts in a county 
 to be 24. 07-08:361. 
 
 70. Special attorneys for a road dis- 
 trict cannot be employed by the su- 
 pervisors or by the county commis- 
 sioners, the necessary legal work be- 
 ing incumbent on the prosecuting at- 
 torney. §§ 5808-5834, 4065, Rem.-Bal. 
 
 13-14:355. 
 
 71. A deputy county engineer tem- 
 porarily employed for road work in 
 local improvement district should be 
 paid from county funds, but the ex- 
 penses of assistants employed by the 
 engineer for such work are chargeable 
 to the improvement district. §§ 4065, 
 5812, Kem.-Bal. 13-14:355. 
 
 72. A county road local improvement 
 district must be created by the county 
 commissioners upon presentation to 
 them of a sufficient petition therefor. 
 §§5809, 5814, Rem.- Bal. 13-14:355. 
 
 73. A reassessment for the cost of 
 road construction in an improvement 
 district is unauthorized in case the 
 original assessment proves inadequate. 
 § 5816, Rem.-Bal. 13-14:355. 
 
 Officers, General 
 
 74. County commissioners may not 
 appoint a special "general superintend- 
 ent of roads." 03-04:159. 
 
 75. Duties and powers of various 
 county officers under Road Law of 1903 
 indicated. 03-04:185. 
 
 VIII. Rights of Way 
 Right of Way 
 
 76. Waiver of right of way grants 
 easement only to the county not af- 
 fecting the timber thereof. 07-08:26. 
 
 77. Right of way is an incidental ex- 
 pense to road construction and is to 
 be purchased from bonds sold under 
 ch. 25, L. '13. 15-16:160. 
 
 78. Condemnation of private property 
 requires payment of assessed damages 
 to credit of owner in court. § 16, art. 
 1, Const. 99-00:72. 
 
 IX. Supervisors 
 Supervisors 
 
 79. Selection and qualification of 
 road supervisors. 03-04:159. 
 
 80. Road overseers are elective 
 officers within the prohibition of bene- 
 ficial interest in a contract with the 
 municipality. §§ 2334, 9338, Rem.-Bal. 
 Op. Apr. 14, 1911. 11-12:51. 
 
 81. Road supervisors are officers 
 within the prohibition of personal in- 
 terest in district contracts. 07-08:9. 
 
 82. Road supervisor failing to give 
 statutory notice of road election is in- 
 eligible for appointment. § 3767, Bal. 
 Code. 99-00:145. 
 
 83. Road supervisors to be selected 
 from qualified voters of district. 
 
 15-16:384. 
 
 84. Road supervisors may not be ap- 
 pointed unless specially designated as 
 such. § 5578, Rem. '15 Code. 15-16:384. 
 
 85. Appointment of road supervisors 
 in redistricting under ch. 246, L. '07, 
 mandatory. 07-08:415. 
 
 86. Expenses incurred by road su- 
 pervisors for meals, lodging, traveling 
 or livery cannot be refunded by the 
 county, but extraordinary expenditures 
 incurred on orders of the county com- 
 missioners may be repaid. §§ 5577- 
 5579, Rem.-Bal. 
 
 03-04:51, 11-12:161, 13-14:277. 
 
 HOLIDAYS 
 
 (See Elections, 66.) 
 
 HORSBS 
 
 (See Taxation, 171.) 
 
 HORSDSHOERS 
 
 (See Veterinary Surgeons, 3.) 
 
48 Digest of the Opinions of the Attorney General 
 
 HORTICUI/TURE 
 
 (See Commissioners, County, 
 Fruit Inspector.) 
 
 22; 
 
 Appropriation 
 
 1. Appropriation after April 1,. 1897, 
 applies concurrently until effect of Act 
 abolishing board. 97-98:156. 
 
 2. Deflioient appropriation renders 
 State liable for salaries of deputies as 
 fixed by statute. 07-08:335. 
 
 3. Method of levying- for county 
 horticultural expense indicated. 
 
 09-10:79. 
 Inspection 
 
 4. Inspection may be had wherever 
 the stock is found. 01-02:362. 
 
 5. Shippers to pay cost of inspection. 
 License not revocable for failure to 
 
 notify of importation of fruit trees. 
 
 Runty stock not to be held for fail- 
 ure to take out license. 01-02:300. 
 
 6. Fruit growers' associations, if en- 
 gaged in selling dairy products, or- 
 chard produce, etc., on commission, are 
 required to qualify as commission 
 merchants. 07-08:123 
 
 7. Current expense funds of a coun- 
 ty may be expended for horticultural 
 inspection and disinfection in excess 
 of the special "horticultural tax." Ch. 
 
 166, L. '15. 15-16:316. 
 
 Inspectors 
 
 8. Emergency appointment of in- 
 spector authorized. 99-00:107. 
 
 9. Bond of horticultural inspectors 
 to be by resident sureties. L. '97, p. 
 310, § 6. 01-02:300. 
 
 10. Commissioner of Horticulture to 
 appoint inspectors on failure of county 
 commissioners so to do. L. '97, p. 309, 
 §4. §1, p. 345, L. '99. 01-02:300. 
 
 11. Deputy inspector to enforce seed 
 act not to be paid from general dairy 
 and food inspection funds. 09-10:86. 
 
 12. The division of the state into 
 horticultural districts and the appoint- 
 ment and removal of inspectors there- 
 for is wholly within the discretion of 
 the commissioner of agriculture. L. 
 '13, ch. 60, §§6, 7, 8, 14. 13-14:351. 
 
 13. Inspector of one county may be 
 directed to perform the duties of in- 
 spector of ad.1olning county. 03-04:211. 
 
 JVuTserles — License 
 
 14. Fruit grower may purchase trees 
 for his own use without license or 
 bond. 
 
 Non-resident nurseryman, having no 
 agent in the state, not liable for li- 
 cense. %% 3549, 3550, Bal. Code 
 
 01-02:362. 
 
 15. Rose bushes and flower plants 
 are "plants and nursery stock" within 
 the act requiring license. 01-02:362. 
 
 16. Horticultural license act when 
 effective. Ch. 162, L. '07. 07-08:79. 
 
 Orchards 
 
 17. Warrants for labor expense em- 
 ployed in disinfecting orchards are not 
 required to be approved by the county 
 commissioners before issuance. § 16, 
 ch. 1-66, L. '15. 15-16:191. 
 
 Prosecution 
 
 IS. Commissioner no authority to 
 prosecute private claims for damages. 
 
 99-00:62. 
 
 19. Non-residents of state cannot be 
 prosecuted for infraction of horticul- 
 tural code. 99-00:128. 
 
 20. Requisites of prosecution for in- 
 fected nursery stock indicated. 
 
 99-00:128. 
 HOTELS 
 
 (See Health, 5.) 
 
 1. "Transients" defined. L. '09, ch. 
 29. § 1- 09-10:210. 
 
 2. Accommodations for transient as 
 well as permanent guests constitutes 
 hotel. L. '09, ch. 29, §1. 09-10:125. 
 
 3. "Person in charge" the proper de- 
 fendant in actions for violation of ho- 
 tel law. L. '09, ch. 29. 09-10:211. 
 
 4. Criminal prosecution for failure to 
 keep hotel Are appliances not effective 
 until one year from March 2, 1910. L. 
 '09, ch. 29. 09-10:108. 
 
 5. The number of rooms used for the 
 accommodation of guests, within the 
 meaning of the hotel inspection law, 
 is determined by including sleeping 
 rooms and excluding such as dining 
 room, office and sample room. Rem - 
 Bal., § 6030. L. '09, oh. 29, § 1. 
 
 13-14:226. 
 
 6. Hotels and restaurants serving 
 fish from private hatcheries are not re- 
 quired to obtain a license or pay a li- 
 
Digest of the Opinions of the Attorney General 
 
 49 
 
 HOTGLiS — Continued 
 
 cense fee as dealers. Rem.-Bal., §§517B, 
 5178. 13-14:260. 
 
 7. Hotel bakery not offering its 
 product to the public other than 
 through the hotel restaurant not 
 within chapter 135, L. '03. 07-08:127. 
 
 HOURS OP IjABOR 
 
 (See Bight Hour Daw.) 
 
 HUNTING 
 
 (See Game, 44-57; Indians, 9.) 
 
 HUSBAND AND WIFE 
 
 (See Naturalization.) 
 Citizenship of wife attaches to citi- 
 zenship of husband. 97-98:75. 
 
 INDIANS 
 
 (See Defective Children, 2; Elections, 
 5; Fish, 20-23; Militia, 32; Schools, 307, 
 333; Tide Lands, 28, 49.) 
 
 Tribal Relation — Taxation 
 
 1. Estate of a naturalized Indian 
 escheats to the state under statute of 
 descent and distribution. L. '07, ch. 
 133. 07-08:205. 
 
 2. "Allotment" of Indian lands does 
 not subject allottee to taxation. "Al- 
 lotment" is a, conditional grant. 
 
 03-04:278. 
 
 3. Indian's personal property not tax- 
 able if owner is within tribal rela- 
 tion. 97-98:327. 
 
 4. Personal property of Indians sev- 
 ering tribal relations subject to taxa- 
 tion. 01-02:187, 03-04:193. 
 
 5. Land held by an Indian under 
 trust patent not taxable. 03-04:293. 
 
 6. Tribal Indians not to be enumer- 
 ated in county census. 91-92:224. 
 
 Schools 
 
 7. County superintendents are with- 
 out jurisdiction of reservation. schools. 
 
 07-08:12. 
 
 8. There is no authority to create a 
 district on a reservation having no 
 school. 07-08:12. 
 
 Flsliery and Hunting Riglits 
 
 9. State has no jurisdiction to regu- 
 late catching flsh and hunting game 
 on Federal reservation. 01-02:108. 
 
 10. Exemption from food flsh pro- 
 scriptions applies to Indians wherever 
 domiciled within the state. L. '91, p. 
 171. 91-92:222. 
 
 Vetera 
 
 11. On allotment may vote. Ch. 119, 
 24 Stat, at Large. 01-02:303. 
 
 Healtli 
 
 12. Extra-reservation Indians are 
 subject to state quarantine regulations. 
 
 01-02:12. 
 INDUSTRIAIi INSURANCE 
 
 (See Worltmen's Compensation Law.) 
 
 INDUSTRIAL WEI-FARE 
 
 (See Bight Hour Law; Master and 
 Servant, 3-6, 9.) 
 
 1. The granting of licenses for em- 
 ployment of physically defective 
 women and apprentices at less than 
 the minimum, wage is in the discre- 
 tion of the Industrial Welfare Com- 
 mission, without the necessity of a 
 conference report thereon. L. '13, ch. 
 174, §13. 13-14:343. 
 
 2. Industrial Welfare Commission has 
 authority to determine and define, 
 within reasonable bounds, what shall 
 constitute an occupation, trade or in- 
 dustry for the purpose of investiga- 
 tions and conferences fixing a mini- 
 mum wage. L. '13, ch. 174, § 10. 
 
 13-14:345. 
 
 3. The Industrial Welfare Commis- 
 sion cannot delegate authority to em- 
 ployers on two-thirds vote of em- 
 ployees to fix the length of time for 
 noonday lunch. L. '13, ch. 148, §§ 10, 11. 
 
 13-14:489. 
 INHERI-TANCE TAX 
 
 (See Fees, 67; Taxation, 416-419; 
 University of Washington, 8.) 
 
 1. Money deposited in a foreign state 
 belonging to a deceased resident of 
 this state is subject to Washington in- 
 heritance tax law. 03-04:62. 
 
 2. Museum is not a strictly chari- 
 table institution exempting it from an 
 inheritance tax. Rem.-Bal., § 8182. 
 
 11-12:171. 
 
 INITIATIVE AND REFERENDUM 
 
 (See Elections, 69.) 
 
 General 
 
 1. Initiative measure No. 3 becomes 
 the law of the state on the thirtieth 
 day after November 3, 1914, but its 
 provisions do not become effective un- 
 til January 1, 1916. 13-14:543. 
 
50 Digest of the Opinions of the Attorney General 
 
 IIVITIATIVE — Continued 
 General 
 
 2. Initiative measures must carry the 
 enacting clause prescribed by the con- 
 stitution in order to validate their en- 
 actment. L. '11, ch. 42, § 1. 13-14:366. 
 
 3. Initiative measures are not re- 
 quired by law to be divided into num- 
 bered sections, but such division 
 would be better practice. 13-14:366. 
 
 Registration 
 
 5. Person signing initiative or refer- 
 endum petition prior to registering is 
 not liable to prosecution. L. '13, ch. 
 138, § 31. 13-14:377. 
 
 6. It is the duty of the registration 
 officers in precincts in which registra- 
 tion of voters is required to check the 
 names upon Initiative petitions. L. '13, 
 ch. 138, §§ 10, 32. 13-14:417. 
 
 7. The signer of an initiative meas- 
 ure need not be a registered voter, 
 but is entitled to be counted if he 
 registers subsequent to signing and 
 before certification by the registration 
 officer. L. '13, ch. 138, §§ 6, 10, 15, 18, 
 19. Const., art. VI, § 1. 13-14:377. 
 
 Signing 
 
 8. No withdrawals of signatures to 
 initiative petitions should be accepted 
 after the names of the certified leg.al 
 voters have been canvassed. 13-14:472. 
 
 9. Persons who have signed initia- 
 tive petitions may withdraw signa- 
 tures therefrom provided application 
 be made before canvass and counting 
 of names by Secretary of State. L. 
 '13, ch. 138, §§15, 18, 19. 13-14:472. 
 
 Filing 
 
 10. The party filing initiative peti- 
 tion has a right to file arguments at 
 the same time or later, which consti- 
 tute but one filing under § 8999, Rem.- 
 Bal. L. '13, ch. 138, §26. 13-14:371. 
 
 11. An initiative measure filed in the 
 office of the Secretary of State is a 
 public record not thereafter subject to 
 alteration. L. '13, ch. 138. 13-14:349. 
 
 12. Secretary of State advised to re- 
 fuse filing of referendum petition on 
 Ch. 57, li. '15, under declaration of im- 
 mediate necessity. 15-16:47. 
 
 Printing 
 
 13. A preamble to an act is no part 
 of the act itself, and hence is not nec- 
 essary on initiative measures. 
 
 13-14:366. 
 
 14. The Secretary of State is not re- 
 quired to print and bind or distribute 
 any arguments until an amount suf- 
 ficient to cover the increased cost of 
 printing and binding such arguments, 
 including cost of paper, the amount to 
 be estimated by the secretary, has been 
 deposited, which deposit should be re- 
 quired at the time the argument is 
 filed. 13-14:371. 
 
 15. Money deposited with the Secre- 
 tary of State for printing and binding 
 arguments on initiative measures is a 
 trust fund and not money of the state 
 to be turned over to the treasurer. L. 
 '13, ch. 138, § 27. L. '09, ch. 133. 
 
 13-14:371, 376. 
 Cheeking 
 
 16. A notary public is not qualified 
 to initial signatures on initiative peti- 
 tions in precincts wherein registration 
 of voters is not required. L. '13, ch. 
 138, § 10. 13-14:444. 
 
 17. The cost of checking voters on 
 initiative petitions by local registra- 
 tion officers is not a state liability. 
 
 13-14:417. 
 
 IS. In checking initiative petitions 
 the initials in ink of the registration 
 officer or officers qualified in precincts 
 where registration is not required 
 should be placed against each signa- 
 ture of a voter certified. L. '13, ch. 
 138, §10. 13-14:444. 
 
 INSANE 
 Appropriation for 
 
 1. Appropriation for institution for 
 feeble-minded at Medical Lake not sub- 
 ject to maintenance of defective chil- 
 dren outside such institution. L. '05, 
 ch. 70. Op., Oct. 6, 1909. 09-10:144. 
 
 Commitment 
 
 2. Insane sailor of United States navy 
 to be turned over to Federal authori- 
 ties. 07-08:277. 
 
 3. Alien patient not to be perma- 
 nently committed to state hospital. P. 
 C, § 5560. 07-08:276. 
 
 4. Commitment for insanity in for- 
 eign jurisdiction does not dispense 
 with proper court proceedings for lo- 
 cal commitment upon deportation to 
 this state. Art, 1, §3, Const. 07-08:25. 
 
 5. No authority in the state to con- 
 tract with United States government 
 for the care of Federal insane pa- 
 tients. Bal. Code, § 2667. 
 
 94-95:5, 03-04:144. 
 
Digest of the Opinions of the Attorney General 
 
 51 
 
 INSANE) — Continued 
 Commitment 
 
 6. "Prison" in § 6759, 2 Bal. Code, to 
 be defined by superior court before 
 action by Attorney General. 
 
 03-04:163,176. 
 
 7. Commitment under seal not requi- 
 site. 91-92:47. 
 
 Transfer and DIscliarse 
 
 8. Defective children not to be kept 
 in institution for feeble-minded after 
 reaching t'wenty-one. L. '05, ch. 70. 
 Rem.-Bal., §4309, oh. 97. 09-10:208. 
 
 9. Patients under sentence as crim- 
 inals to be retained at hospital until 
 transferred by board of control or dis- 
 charged on order of court. 09-10:176. 
 
 iO. Parole of insane patient is not a 
 "discharge" sufficient to prosecute him 
 for crime committed while on such 
 parole. 07-08:46. 
 
 11. Patients discharged as cured to 
 be returned to coujity of commitment 
 at county expense. P. C, § 5568. 
 
 07-08:278. 
 
 12. Surrender of patient to friends 
 only on order of superior court. L. 
 '89, pp. 490-491, §§32, 33. 91-92:161. 
 
 13. Transfer from one hospital to an- 
 other authorized at discretion of su- 
 perintendent. 91-92:125. 
 
 14. The authority to release an in- 
 sane patient from a state hospital is 
 not vested in the state board of con- 
 trol, but rests in the superintendent or 
 the court. 13-14:220. 
 
 15. Patient committed by superior 
 court after criminal proceedings re- 
 sulting In verdict of not guilty by rea- 
 son of Insanity to be discharged from 
 asylum on recovering sanity. 
 
 99-00:206. 
 
 16. Custody of patients by friends. 
 
 01-02:239. 
 
 17. Transportation of insane person 
 from penitentiary to hospital charge- 
 able against penitentiary. 01-02:292. 
 
 18. Child born of insane mother in 
 the asylum to be returned to the 
 charge of the county of mother's domi- 
 cile. 07-08:60. 
 
 Discipline 
 
 19. Patients' correspondence to be 
 investigated and censored by superin- 
 tendent. L. '89, p. 491, §34. 91-92:174. 
 
 20. Patients not subject to ordinary 
 civil process. 97-98:181. 
 
 Guard 
 
 21. Female guard not a sheriff's 
 charge under Bal. Code, § 2682-1, un- 
 less required by superior court. 
 
 01-02:19. 
 Trustees — Powers 
 
 22. Trustees of Eastern Washington 
 hospital may sell surplus water from 
 its plant to town of Medical Lake. 
 
 91-92:173. 
 INSOLVENCY 
 
 (See Pees, 16.) 
 
 INSPECTION 
 
 (See Animals, 9-11; Pood Laws, 3; 
 Fruit Inspector; Grain; Horticulture; 
 Oil; Vessels.) 
 
 INSPECTION, BUREAU OP 
 
 (See Counties, 4.) 
 
 1. Expenses for Sundays away from 
 home, but not wages, allowed bureau 
 of Inspection. L. '09, ch. 76, § 7. 
 
 09-10:200. 
 
 2. Bureau of inspection has Jurisdic- 
 tion over all county offices. L. '09, ch. 
 76. 09-10:40. 
 
 3. May not employ more than statu- 
 tory number of inspectors. L. '09, ch. 
 140, § 7. 09-10:195. 
 
 4. State examiners of the bureau of 
 inspection and supervision of public of- 
 ficers are exempt from jury duty in 
 justice courts. Rem.-Bal., §§ 97, 98, 
 1849, 8346, 8352. Op., vol. 1, p. 52. 
 
 13-14:405, 11-12:43, 51, 68. 
 INSURANCE 
 I. 
 II. 
 III. 
 IV. 
 V. 
 VI. 
 VII. 
 VIII. 
 IX. 
 X. 
 XI. 
 
 General Provisions 
 
 Capital Stock 
 
 Funds 
 
 Risks 
 
 Pees 
 
 Mutual Companies 
 
 Premium Tax 
 
 Agents and Brokers 
 
 Retaliatory Laws 
 
 Foreign Corporations 
 
 Rates and Schedules 
 
 I. General Provisions 
 
 Nature and Extent In General 
 
 1. Interest on notes due insolvent 
 company not to be credited to com- 
 pany if suit has been started by serv- 
 ice of process on the company or the 
 receiver. 97-98:156. 
 
52 Digest of the Opinions of the Attorney General 
 
 IIVSURAIVCE]— Continued 
 I. General Provisions 
 Nature and Extent In General 
 
 2. Insurance Code of 1911 modifies 
 contemporaneous charters. L. '11, ch. 
 49, §§79, 83, 84. 11-12:83. 
 
 3. Fire insurance corporations exist- 
 ing at the passage of the statute, the 
 language of which Is future in effect, 
 are nevertheless governed thereby. Ii. 
 '11, oh. 49, §73. 11-12:84. 
 
 4. Physicians' defense company not 
 insurance company. 07-08:616. 
 
 5. Non-resident company insuring 
 physicians on malpractice suits, an in- 
 surance company requiring it to prop- 
 erly qualify. 07-08:350. 
 
 6. Guaranty by warehouse company 
 for extra compensation an insuring 
 within the statute. 07-08:367. 
 
 7. Unauthorized accident insurance 
 company may not solicit Insurance un- 
 til qualified by compliance with the 
 law. 07-08:69. 
 
 8. Classification of insurance busi- 
 ness under §§ 83 and 84, ch. 49, L. '11, 
 indicated. 07-08:35. 
 
 9. Sale of corporation stock in con- 
 nection with policies not prohibited to 
 corporations licensed prior to June 10, 
 1909. 09-10:48. 
 
 10. Articles of Princess Hive No. 16 
 approved. 01-02:37. 
 
 11. "Standard Company" refers to old 
 line insurance companies. L. '99, ch. 
 132, §5. 01-02:368. 
 
 12. Seasonal insurance contracts 
 with shipper by foreign steamship 
 company insurance within the act. 
 
 09-10:11. 
 
 13. No authority to pay claims 
 against Commercial Union Insurance 
 Company unless presented in due time. 
 
 01-02:137. 
 
 14. Contract of Maryland Casualty 
 Company indemnifying employer who 
 deducts his premium from the em- 
 ployees' wages not prohibited. 
 
 01-02:5. 
 
 15. Trust fund for benefit of policy- 
 holders. Contents of affidavit of claim. 
 
 97-98:198. 
 
 II. Capital Stock. 
 Capital Stock — Assets 
 
 16. Statute governing paid-in capital 
 applies to casualty as well as life in- 
 surance companies. Rem.-Bal., § 6104. 
 
 11-12:2. 
 
 17., Contracts for marketing the capi- 
 tal stock of an insurance company at 
 an expense of more than seven per 
 cent of such stock held illegal. L. '11, 
 ch. 49, § 85. 11-12:37. 
 
 18. Capital stock of accident insur- 
 ance companies is determinable by i 8, 
 L. '97, modifying § 20, L. '95. L. '95, 
 p. 159, § 20. L. '97, p. 109, § 8. 07-08:19 
 
 19. Company operating on straight 
 premium plan must have $100,000 capi- 
 tal stock. Ins. Law '09, ch. 142, §§ 28, 
 40. 09-10:30. 
 
 20. Mortgages not being "taxable 
 property within the state" cannot be 
 held by insurance company as assets 
 within the act. L. '0*7, oh. 252, pro- 
 viso. 09-10:21. 
 
 21. An inter-insurance association 
 having policies in force in this state, 
 but not legally authorized to transact 
 business at the time of the passage of 
 our Insurance Code must conform to 
 the provisions applicable to that class 
 of companies thereafter applying for 
 a certificate of authority. L. '11, ch. 
 49, § 86, subd. 5. 13-14:306. 
 
 22. Inter-insurance associations are 
 subject to the general provisions of 
 Insurance Code. L. '11, ch. 49, § 86, 
 subd. 5. 13-14:306. 
 
 Certificate — Issuance and Suspension 
 
 23. The amendment by § 1, ch. 109, L. 
 '13, to § 79, ch. 49, L. '11, has the ef- 
 fect of extending the time of domestic 
 companies previously organized and 
 licensed in which to meet the capital 
 requirements of the code to January 1, 
 1916. 13-14:108. 
 
 24. Domestic companies organized 
 after the Insurance Code of 1911 be- 
 came effective are required to deposit 
 securities in the sum of $50,000 before 
 receiving a certificate of authority, 
 and to make further deposits equal to 
 the amount of the minimum capital re- 
 quired by the act within one year 
 thereafter, under § 24, ch. 49, Laws of 
 1911- 13-14:108. 
 
Digest of the Opinions of the Attorney General 
 
 53 
 
 INSURANCE — Continued 
 Certificate — Issuance and Suspension 
 
 25. A mutual Are insurance company 
 incorporated to do business In the 
 state, but which has failed to pay the 
 license and filing ^ees required by law 
 is not entitled to a certificate of au- 
 thority by reason of a provision of 
 the Insurance Code authorizing exist- 
 ing companies to continue business. 
 L,. '11, ch. 49, %% 99, 79, 238. Rera.-Bal., 
 §§ 6201, 6203. 13-14:465. 
 
 III. Funds 
 
 Funds — Investment of 
 
 26. Local improvement district bonds 
 not a, municipal obligation authorizing 
 Investment therein of insurance funds. 
 L. '09, p. 577, §39. 09-10:168. 
 
 27. Legally issued bonds of a port 
 district organized under ch. 92, L. '11, 
 are not authorized investments of the 
 capital stock of domestic fire ' insur- 
 ance companies to the extent of their 
 minimum capital authorized by law, 
 but such bonds are authorized invest- 
 ments for the surplus or residue of 
 the capital stock of such company and 
 may be considered as an asset. 
 
 13-14:101. 
 
 28. The investment of insurance 
 company funds in a realty mortgage 
 is prohibited where one of the officers 
 of the bank selling the mortgage is 
 also an officer in the insurance com- 
 pany. Rem.-Bal., §6059-23. 13-14:450. 
 
 Pollcy-Holders — Loan to 
 
 29. Company may loan to full sur- 
 render value. 09-10:30. 
 
 Stock of Another Company, Holding 
 
 30. Officer of insurance company may 
 be stockholder in bank having insur- 
 ance deposit, provided bank pays no 
 fee or commission on the deposit. L. 
 ■09, ch. 142, § 27. 09-10:133. 
 
 31. One inter-insurance association 
 may not become a. member of another 
 inter-insurance association for the pur- 
 pose of reinsuring a part of the risks 
 of such other association. 13-14:556. 
 
 32. Casualty company may hold 
 over ten per cent of stock of another 
 corporation. 09-10:234. 
 
 Securities, Deposit Witli State Treas- 
 urer 
 
 33. Domestic companies organized 
 prior to the taking effect of the In- 
 surance Code of 1911 are not required 
 
 to make a, deposit of funds or securi- 
 ties with the State Treasurer under 
 § 24, ch. 49, L. '11. 13-14:108. 
 
 IV. Risks 
 
 Risk, liimltation of 
 
 34. Reinsurance In another company 
 does not permit acceptance of risk for 
 more than the statutory limitation. L. 
 '11, ch. 49, 1193. 11-12:35. 
 
 35. Writing of greater single risks 
 causing an unsound condition ground 
 for suspension of certlflcate. L. '11, 
 Gh. 49i §§86, 107. 11-12:147. 
 
 Rebate 
 
 36. "Special Income" clause a dis- 
 crimination within the act. L. '05, ch. 
 178. 07-08:287. 
 
 37. Rebating premium does not apply 
 to dividends received on corporation's 
 stock. 09-10:48. 
 
 V. Fees 
 License Fee 
 
 38. Insurance companies not required 
 to pay general corporation license fee. 
 
 01-02:103. 
 
 39. A solicitor of marine insurance 
 employed by an agent of such com- 
 pany subject to statutory license fee 
 by reason of such employment. L. '01, 
 ch. 180. 03-04:115. 
 
 40. Domestic insurance companies 
 liable for statutory corporation fee. L. 
 '07, ch. 140. 07-08:211. 
 
 See Rem.-Bal., § 3714, contra. 
 
 11-12:240. 
 
 41. Annual fee of title insurance 
 companies equals one-tenth of one per 
 cent of securities deposited. L. 'H, 
 ch. 49, § 84, subd. 4; § 200. 11-12:193. 
 
 Articles of Incorporation — Filing — 
 Foreign and Domestic 
 
 42. Foreign corporations to file cer- 
 tified copy of charter. Also to pay an- 
 nual corporation license fee. Not sub- 
 ject to general corporation license fees. 
 Rem.-Bal., §3721. 09-10:218. 
 
 43. Filing of foreign companies' ar- 
 ticles with department of insurance 
 dispenses with filing in office of Secre- 
 tary of State, while Secretary of State 
 ex-offlcio insurance commissioner. 
 
 07-08:332. 
 
 44. Articles of insurance corpora- 
 tions, organized prior to passage of the 
 
54 
 
 Digest of the Opinions of the Attorney General 
 
 IN SURAjrCE — Continued 
 Articles of Incorporation •— Fiilner — 
 Foreign and Domestic 
 
 insurance act cannot be amended ex- 
 cept according to said act. L. '11, ch. 
 49, § 85, subd. 6. 11-12:125. 
 
 VI. Mutual Companies. 
 Mutual Associations — Fraternal Asso- 
 ciations 
 
 45. Liability of fraternal beneficiary 
 societies to examination fee. L. '01, ch. 
 174. 01-02:215. 
 
 46. Status of mutual Are insurance 
 companies under law of 1903 ■ indi- 
 cated generally. 03-04:80. 
 
 47. The existence of a, fraternal so- 
 ciety is not ended by operation of law 
 by reason of insufficient membership, 
 but court proceedings are necessary to 
 close up its business. L. '11, ch. 49, 
 §§ 217, 230. 13-14:388. 
 
 48. The existence of a fraternal so- 
 ciety begins from the date of the per- 
 manent certificate of the insurance 
 commissioner authorizing it to trans- 
 act business. L. '11, ch. 49, § 217. 
 
 13-14:388. 
 
 49. Mutual fire insurance companies 
 may only use for advertising pur- 
 poses the financial statement filed with 
 the Secretary of State according to 
 law. L. '03, ch. 97, §7. 03-04:67. 
 
 50. Fraternal association may not ad- 
 mit as beneficiary any one above fifty 
 years of age. 09-10:242. 
 
 51. Status of Washington Fire Re- 
 lief Association as adjunct to Grange. 
 L. '97, ch. 65, § 8. Op., April 23, 1909. 
 
 09-10:121. 
 
 52. National Hospital Association of 
 Portland, Ore., subject to criminal 
 prosecution. Op., Aug. 28, 1907. 
 
 09-10:120. 
 
 53. "Three Thousand Society" of 
 Mount Vernon not entitled to do in- 
 surance business In this state. 
 
 09-10:109. 
 '54. Assessment life Insurance com- 
 panies are within the Insurance Code, 
 1909. 09:10:82. 
 
 55. Assessment in violation of by- 
 laws cannot be levied. 07-08:190. 
 
 56. Exemption of mutual fire insur- 
 ance companies not repealed by act of 
 1907. li. '07, ch. 252, §1. 07-08:316. 
 
 Policy-Holders — Preferred, Etc. 
 
 57. "Increasing dividend" scheme 
 held to be a rebate to preferred policy- 
 
 holders in violation of law. L- '06, 
 Insurance Code. 07-08:33. 
 
 VII. Premium Tax 
 Premium Tax 
 
 58. "Net premium" in L. '07, § 1, ch. 
 252, defined. 07-08:303. 
 
 59. Cprporations issuing surety bonds 
 for profit are insurance companies 
 within § 34, ch. 82, L. '95. 07-08:220. 
 
 60. "All kinds of insurance" entitled 
 to exemption from taxation on rein- 
 surance. D. -07, ch. 252, § 1. 07-08:303. 
 
 61. Tax due prior to June 12, 1907, 
 and subsequent to that date to be sep- 
 arately computed. 07-08:327. 
 
 62. All policies cancelled during the 
 year to be reported for returned pre- 
 miums regardless of date of issuance. 
 
 07-08:360. 
 
 63. "Returned premiums" allowing 
 deductions by fire and marine com- 
 panies on premium tax do not include 
 returned dividends. Li. '11, ch. 49, § 26. 
 
 11-12:229. 
 
 64. Premium tax is not subject to 
 deduction on account of the return of 
 a part of a premium upon cancella- 
 tion before expiration. 11-12:213. 
 
 65. Treasurer to notify insurance 
 corporations of tax due upon certifica- 
 tion by insurance commissioner of 
 premium receipts. 97-98:158. 
 
 VIII. Agents and Broilers 
 Exciiange of Business 
 
 66. An insurance agent who does not 
 hold an insurance broker's license can- 
 not place insurance in companies of 
 other agents and divide commissions 
 with them. L. '11, ch. 49, §§ 2, 100. 
 
 13-14:132 
 
 67. Exchange of business between 
 licensed agents permitted. Rem.-Bal. 
 §6187. 09-10:140. 
 
 68. Bona fide exchange of insurance 
 business of an Identical character is 
 not affected by a mere deviation in 
 rates. L. '15, ch. 37. 
 
 13-14:132, 15-16:355. 
 Agents and Broilers 
 
 69. Resident agents of insurance 
 companies are not permitted to divide 
 their commissions with non-resident 
 agents or brokers. L. '11, ch. 49, § 33, 
 
 13-14:136. 
 
Digest of the Opinions of the Attorney General 
 
 '55 
 
 INSURANCE — Continued 
 Agents and Brokers 
 
 70. General agents of Insurance com- 
 panies at their principal offices outside 
 of this state may cover rislcs and have 
 resident agents in this state issue poli- 
 cies and the resident agent may divide 
 the commission with the general 
 agent. L. '11, oh. 49, §36. 13-14:136. 
 
 71. Agent of foreign insurance com- 
 pany appointed by power of attorney 
 not compelled to accept service of 
 process. Bal. Code, vol. 1, § 2818. 
 
 01-02:290. 
 
 72. Local agents may write policies 
 on their own business and collect com- 
 missions therefor. L. '09, p. 118, § 1. 
 
 09-10:138. 
 
 73. An agent of a fire insurance com- 
 pany which has failed or retired can- 
 not pay first premium on new policy 
 for the assured in another company 
 and take as compensation therefor the 
 claim of assured for unearned pre- 
 mium upon the old policy, being pre- 
 cluded under the provisions of L. '11, 
 ch. 49, §33. 13-14:82. 
 
 74. An agent of a Are insurance com- 
 pany which has failed or retired with 
 outstanding policies cannot place in- 
 surance with other companies for un- 
 expired term of the original policies 
 in the defunct company upon pro rata 
 basis, li. '11, ch. 49, § 73. 13-14:82. 
 
 75. Loan agents who require parties, 
 to whom they malte loans, to take out 
 insurance on the property covered by 
 the loan in the insurance companies 
 for which they are licensed agents vio- 
 late the provisions of § 33, ch. 49, L. 
 '11. 13-14:284. 
 
 76. No clerk or employee of Are in- 
 surance office other than authorized 
 agent may solicit business. 09-10:42. 
 
 77. Fire agent may keep commis- 
 sions on his own policies. L. '09, ch. 
 67. 09-10:43. 
 
 78. Sub-agents, not writing or solic- 
 iting insurance, may retain commis- 
 sions. ' 09-10:42. 
 
 79. Re-insurance may issue through 
 non-resident agents. L. '99, p. 399, § 1. 
 
 07-08:190. 
 
 80. "Writing by non-resident agent 
 prohibited. L. '99, §1. 07-08:170. 
 
 81. "Agency scheme" whereby por- 
 tion of agent's commission is rebated 
 
 as credit on premium a prohibited in- 
 ducement. 07-08:289. 
 
 82. "Solicit business" and "accept 
 business" defined. 15-16:367. 
 
 83. Payment of graded commissions 
 and separation of agencies by Pacific 
 Board of Fire Underwriters not, in it- 
 self, prohibited. L. '11, ch. 49. 
 
 11-12:200. 
 
 IX. Retaliatory La^vs 
 
 Retaliatory La'n'S 
 
 84. Retaliation law of 1909 does not 
 include fraternal beneficiary societies. 
 L. '03, p. 145, §1. 09-10:148. 
 
 85. Retaliation against Virginia au- 
 thorized. 09-10:138. 
 
 86. Retaliatory provisions against 
 fire and marine companies of Iowa au- 
 thorized. L. '09, p. 42, §1. 09-10:32. 
 
 87. Retaliation clause effective if 
 home state of such corporation re- 
 quires bond deposit by foreign corpo- 
 rations. 91-92:114. 
 
 X. Foreign Corporations 
 Foreign Corporations 
 
 88. Alien corporations are required 
 to make deposits of securities under 
 the provisions of § 22, ch. 49, L. '11. 
 
 13-14:108. 
 
 89. Foreign corporations doing busi- 
 ness in the state at the time of the 
 taking effect of the Insurance Code of 
 1911 are required to deposit securities 
 to such an amount as a like domestic 
 company is required to deposit with 
 the depositary for securities of the 
 state by whose laws such foreign com- 
 pany is incorporated, under § 24, ch. 49, 
 Laws of 1911. 13-14:108. 
 
 90. Foreign companies entering the 
 state after the Insurance Code (Laws 
 1911, oh. 49) went into effect are re- 
 quired to deposit securities equal to 
 the minimum capital required by the 
 act for similar domestic companies 
 pursuant to § 7, art. 12, state constitu- 
 tion. 13-14:108. 
 
 91. License fee and rate of taxation 
 applies to all companies regardless of 
 difference in home state. 09-10:149. 
 
 92. Alien marine insurance corpora- 
 tions must qualify with capital stock 
 but are exempted from depositing se- 
 curities. L. '11, ch. 49, §§ 22, 84. 
 
 11-12:73. 
 
'56' 
 
 Digest of the Opinions of the Attorney General 
 
 insurance: — continued 
 X* Foreign Corporations 
 
 93. Right of a foreign corporation to 
 write automobile insurance limited by 
 statutory classiflcation. L. '11, ch. 49. 
 
 11-12:362. 
 
 94. The reciprocal obligation clause 
 of our Insurance Code requires the 
 separate imposition of obligations or 
 prohibitions corresponding to those 
 imposed in other states on insurance 
 companies of this state. L. '11, ch. 49, 
 § 47. 13-14:192. 
 
 XI. Rates and Schedules 
 Rates and Sehedules — Filing — Amend- 
 ment 
 
 95. Insurance in unauthorized com- 
 pany liable for 25 per cent of gross 
 premiums. 07-08:308. 
 
 96. Difference in rates alone not suf- 
 ficient to authorize insurance with un- 
 authorized companies. Jj. '11, ch. 49, 
 §75. 11-12:194. 
 
 97. Rates of insurance may not devi- 
 ate from the schedule filed, even 
 though contracted for under pre-ex- 
 isting contracts. L. '11, ch. 49, § 73. 
 L. 'IB, ch. 177, § 11. 15-16:128. 
 
 98. Rating schedules of fire insur- 
 ance may be amended to benefit out- 
 standing policies provided the amend- 
 ment applies to all such policies. L. 
 '15, ch. 177, § 73. 15-16:159. 
 
 99. State regulation of insurance rate 
 is constitutional. 15-16:128. 
 
 100. Conspiracy of insurance com- 
 panies controlling rates a question of 
 fact for Secretary of State. 03-04:277. 
 
 INSURANCE COMMISSIONER 
 
 (See Elections, 88.) 
 
 INTERNAL REVENUE STAMPS — 
 Commissions 
 
 Commissions of notaries and com- 
 missioners of deeds, and extradition 
 warrants issued by the state need not 
 bear internal revenue stamps. Federal 
 Tax Act, § 15. 13-14:560. 
 
 INTOXICATING I/IftUORS 
 
 Power to Control Traffic — "Dry Units" 
 
 1. Intoxicating liquor in dry unit un- 
 der the local option law may be sold 
 by the sheriff upon foreclosure of a 
 chattel mortgage against it by statu- 
 tory notice and sale. Rem.-Bal., §1104 
 et seq. 13-14:16. 
 
 2. Local option law remains unaf- 
 fected and unrepealed until January 1, 
 1916, notwithstanding passage of Initi- 
 ative measure No. 3. 13-14:555. 
 
 3. Shipping intoxicating liquor into a 
 dry unit to be delivered at a residence 
 must contemplate delivery by the car- 
 rier at a residence which is not a place 
 of business or public resort. Rem.- 
 Bal., § 6309. 13-14:119. 
 
 4. County commissioners may not is- 
 sue liquor license for period less than 
 one year. 01-02:39. 
 
 5. Where a, new county is created 
 out of territory that has voted to pro- 
 hibit sale of intoxicating liquors out- 
 side incorporated towns, the same law 
 is continued in force in the new 
 county. 13-14:30. 
 
 6. Shipment into "dry" unit from 
 outside not a sale within the limits 
 thereof. ' 09-10:194. 
 
 7. "Near beer" containing any al- 
 cohol a. prohibited liquor in "dry" unit. 
 
 09-10:183. 
 
 8. Third-class cities not limited to 
 amount of liquor license fee. Bal. 
 Code, § 938. 09-10:154. 
 
 9. The possession as personal bag- 
 gage for private use in a dry unit of 
 two quarts of whiskey and twenty 
 pints of beer would not contravene 
 § 6509, Rem.-Bal. Code, which prohibits 
 the bringing in of intoxicating liquor 
 in quantity exceeding one gallon of 
 spirituous and one case of malt liquor, 
 since the law does not deny the posses- 
 sion of both spirituous and malt 
 liquors at the same time. 13-14:70. 
 
 10. Interstate shipments of intoxicat- 
 ing liquors Into a dry unit of this state 
 must be delivered by the carrier to the 
 consignee's place of residence and not 
 to the consignee's agent at some other 
 place. Rem.-Bal., § 6309. Webb-Ken- 
 yon Act, 37 Stat. 699. 13-14:119, 380. 
 
 11. No authority to return percent- 
 age of license in subsequent "dry" 
 unit. 09-10:161. 
 
 12. Brewers' agency in "dry" unit to 
 cease when stock on hand exhausted. 
 L. '09, ch. 81. 09-10:21, 129. 
 
 13. Liquor warehouse may be main- 
 tained in "dry" unit. L. '09, ch. 81. 
 
 09-10:90. 
 
Digest of the Opinions of the Attorney General 57 
 
 INTOXICATING lildTTORS— Continued 
 Power to Control Traillc — "Dry Units" 
 
 14. "What constitutes a sale of liquor 
 within the county. P. C, § 6065. 
 
 03-04:332. 
 
 15. Brewery may be licensed by 
 fourth-class city not for less than $300 
 per annum. Bal. Code, § 2809. 
 
 01-02:365, 367. 
 
 16. Sec. 2934, Bal. Code, in re control 
 of liquor traffic by town, declared to 
 be in full force and effect. 07-08:114. 
 
 17. Act prohibiting sale of intoxi- 
 cants within five miles of State College 
 constitutional. 07-08:56. 
 
 Licenses 
 
 18. Druggist may sell liquor on pre- 
 scription without payment of license. 
 
 99-00:160. 
 
 19. Annual state liquor license fee is 
 payable in full in advance. Rem.-Bal., 
 §6269. 15-16:70. 
 
 20. No rebate on state liquor license. 
 State license transferable from one 
 unit to another. 09-10:244. 
 
 21. State liquor license transferable. 
 
 07-08:185. 
 
 22. License void for legal insuffi- 
 ciency, revocable. 07-08:166. 
 
 23. State license required for every 
 Federal license. L. '07, ch. 194, §§ 1, 2, 
 3. 07-08:419. 
 
 24. Donation to a municipality in ad- 
 dition to the regular license fee pro- 
 hibited. 07-08:396. 
 
 25. Vessels in Interstate commerce 
 subject to state liquor license. D. '07, 
 ch. 194. 07-08:231. 
 
 26. State licenses are requisite for 
 every Federal license of retail and 
 wholesale liquor businesses. Rem.- 
 Bal., §§6269, 6270. 11-12:61. 
 
 27. Town of fourth class may provide 
 for granting liquor license for less 
 one year. Rem.-Bal., §§ 6264, 7731, 
 subd. 10. 13-14:553. 
 
 28. Ten per cent of the amount col- 
 lected by cities for service bar licenses 
 is payable to the state in addition to 
 the percentage on retail liquor licenses. 
 Rem. Bal., §§6264, 6265. 13-14:434. 
 
 29^ State treasurer may accept in 
 full ten per cent of liquor license fee 
 for licejises granted for less than one 
 
 year from towns of fourth class.' 
 Rem.-Bal., §6264. 13-14:553. 
 
 30. "Ninety per cent" section in re- 
 bate of unearned license meant to ex- 
 empt municipality from repayment of 
 any portion of ten per cent turned into 
 state treasury. L. '09, ch. 81, § 6. 
 
 09-10:184. 
 
 31. County commissioners are not 
 authorized to issue liquor licenses for 
 the fractional period of a year. Rem.- 
 Bal., § 6263. 15-16:71. 
 
 32. Prescriptions for intoxicating 
 liquors issued by a non-resident physi- 
 cian may not be filled in this state. L. 
 '15, ch. 2. Rem.-Bal., §§ 8386-8407. 
 
 15-16:246. 
 
 33. Possession of not more than two 
 quarts of intoxicating liquor other 
 than beer, and of not more than twelve 
 quarts of beer at the same time is law- 
 ful. D. '15, ch. 2, § 22. 
 
 15-16:203, 13-14:70.' 
 
 34. Looker systems by which mem- 
 bers of a club Icept liquor for personal 
 use is a violation of the act. L. '15, oh. 
 2, § 10. 15-16:198. 
 
 35. Clergymen are not authorized to 
 possess intoxicating liquors for sacra- 
 mental purposes in excess of the gen- 
 eral limitation prescribed In § 22, ch. 2, 
 L. '15. 15-16:226. 
 
 Offenses 
 
 36. Penalty for selling liquor with- 
 out a license indicated. 09-10:54. 
 
 Permits 
 
 37. Single permits may be issued to 
 transport into the state 12 quarts of 
 beer and 2 quarts of whiskey. L. '15, 
 ch. 2, §15. 15-16:207, 202. 
 
 Disposition of Licenses 
 
 38. Refund pro rata by county on 
 unexpired licenses on incorporation of 
 a city or town. Bal. Code, § 2934. 
 
 07-08:165. 
 IRRIGATION DISTRICTS 
 
 (See Public Utilities, 2; Taxation, 
 252, 268.) 
 
 1. Board of directors of an irriga- 
 tion district has not authority to name 
 one of its members secretary. Rem.- 
 Bal., § 6454. 13-14:20-0. 
 
 2. Board of directors of an irriga- 
 tion district is entitled to compensa- 
 tion only for actual attendance at 
 meetings. Rem.-Bal., § 6454. 15-16:185. 
 
58' 
 
 Digest of the Opinions of the Attorney General 
 
 IRRIGATION DISTRICTS— Continued 
 
 3. Board of directors of an irrigation 
 district are entitled only to actual ex- 
 penses while engaged in official busi- 
 ness other than meetings. Rem.-Bal., 
 §6454. 15-16:185. 
 
 4. Moneys received by county at a 
 general tax sale are not applicable to 
 delinquent irrigation assessments. 
 Rem.-Bal., §9271. 15-16:311. 
 
 JUDGMENTS 
 
 (See Pees, 31-46.) 
 
 JUDGES 
 Superior Court 
 
 1. Piling for superior judgeships, to 
 be filed with county auditor. Rem.-Bal. 
 §§ 4808, 4810. 07-08:470. 
 
 2. Nominations of superior judge 
 whether in judicial districts of one or 
 more judges governed by ch. 209, L. 
 '07. 07-08:456. 
 
 3. Attorneys under suspesion are not 
 eligible for candidacy for the superior 
 bench. Const., art. 4, § 17. Rem.-Bal., 
 §189. 15-16:332. 
 
 4. Judges elected to fill unexpired 
 terms take office immediately upon 
 their election and qualification Rem.- 
 Bal,, § 9043-1. Const, art. 4, § 3 
 
 11-12:370, 15-16:371. 
 
 5. Governor can only appoint judge 
 to sit pro tempore in county at request 
 of judge of that county, even when in- 
 cumbent is under arrest. 99-00:194. 
 
 6. It is the duty of a superior judge 
 directed by the governor to hold court 
 in a, county other than that for which 
 he was elected to comply with the re- 
 quest. Const., art. 4, §§5, 7 . Rem.-Bal., 
 §27. 13-14:353. 
 
 7. Voucher presented on funds lapsed 
 by limitation into state treasury not 
 to be honored. Salary of Judge Ben- 
 son. 97-98:69. 
 
 Servin;^ In Another County 
 
 8. Superior Judge to sit in any coun- 
 ty at request of Governor. L. '93, ch. 
 43. Const, art 4, §7. 97-98:103. 
 
 '9. Superior judges of one judicial 
 district may serve in another judicial 
 district only at the request of presid- 
 ing judge thereof. L. '93, p. 67. 
 
 07-08:44. 
 
 10. Governor may request any super- 
 ior judge to hold court in the judicial 
 district of a deceased judge. 
 
 07-08:44. 
 Gowns 
 
 11. Superior judge must wear gown 
 and same is to be furnished by county. 
 
 09-10:52. 
 Court Commissioners 
 
 12. Court commissioners appointed 
 in counties having no resident judge 
 only entitled to salary. L. '95, p. 164. 
 
 01-02:109. 
 Supreme Court 
 
 (See Elections, 34, 76, 84, 88.) 
 
 Constitutional provision of specific 
 
 salaries of state officers is in effect an 
 
 appropriation to pay same. Const, 
 
 arts. 3. 4, 8. 01-02:44. 
 
 JURIES 
 
 (See Pees, 69-72; Inspection, Bureau 
 of, 4.) 
 
 JUSTICES OP THE PEACE 
 
 (See Crimes; Pees, 73-81; Pines, 2.) 
 
 Qualliicatlons, Etc. 
 
 1. In fourth-class cities police jus- 
 tices to be selected only from duly 
 elected justices of the peace. L. '89, 
 §174. 97-98:133. 
 
 2. Precincts within a tow^nshlp are 
 not entitled to separate justices of the 
 peace. Rem.-Bal., §§ 6513, 6514, 9436. 
 
 15-16:196 
 
 3. Justice of the peace of a, precinct 
 divided or abolished shall continue in 
 office until his successor Is elected in 
 the reorganized precincts. Rem.-Bal. 
 § 6521. 11-12:67. 
 
 4. Second justice cannot be appointed 
 to precinct wherein election has never 
 been ordered. 1 Hill's Code, § 300. 
 
 93-94:7. 
 
 5. Failure of justice of peace to 
 qualify after election does not of itself 
 vacate said office. P. C, § 4787. 
 
 07-08:373. 
 
 6. Justice of peace in flrst-class city 
 must be attorney. 07-08:340. 
 
 7. Justice of the peace does not have 
 to re-qualify on re-election. 
 
 99-00:22. 
 
 8. Justices of the peace were elected 
 on November 3, 1914, for a term of 
 four years under § 1, ch. 41, L. '13. 
 
 13-14:552. 
 
Digest of the Opinions of the Attorney General 
 
 59 
 
 JUSTICES OF THE PEACE — Continued 
 Qualifications, Etc. 
 
 9. Justice of the peace may be ap- 
 pointed county commissioner. 
 
 01-02:269. 
 In General 
 
 10. "Action" used in jurisdictional 
 sense covers both criminal and civil 
 actions. L. "99, .ch. 40. 99-00:63. 
 
 11. Justice may appoint special con- 
 stable to serve process. 99-00:162. 
 
 12. Counties not required to furnish 
 blanks for justices of the peace and 
 other precinct officers. 97-98:136. 
 
 13. State has no appeal where Juris- 
 diction of justice of peace is final. 
 L. '97, p. 424, §169. 97-9'S:138. 
 
 14. Jurisdiction in crimes is co-ex- 
 tensive with county of justice's elec- 
 tion. 01-02:42. 
 
 15. To apply court fees to court ex- 
 penses, without first accounting to 
 county treasurer. 01-02:337. 
 
 Official Bond — Premium 
 
 16. Premium on official bond of jus- 
 tice of the peace cannot be paid for 
 with county funds. L. '13, ch. 49. 
 
 13-14:550. 
 JUVENILE COURT 
 
 (See Schools, 335.) 
 Juvenile Court Liutv 
 
 1. Chapter 49, Laws 1903 (Rem.-Bal., 
 §§ 1700-1707, inclusive), providing for 
 care of dependent and neglected chil- 
 dren, is repealed by Chapter 160, Laws 
 of 1913, known as the "Juvenile Court 
 Law" (Rem.-Bal., §§ 1987-1, et seq.). 
 
 13-14:463. 
 
 Delinquent Children 
 
 2. Children under twelve years of 
 age are dependents subject to the jur- 
 isdiction of the juvenile court, if en- 
 gaged in selling newspapers on the 
 street, or soliciting subscriptions and , 
 making deliveries or collections for 
 newspapers and other periodicals. L. 
 '13, ch. 160, §1, subd. 18. 13-14:170. 
 
 liABOR 
 
 (See Bight-Hour Law; Industrial 
 Welfare; Master and Servant; "Work- 
 men's Compensation Law.) 
 
 1. Employer may discriminate against 
 union men. Rem.-Bal., § 2382. 
 
 09-10:220. 
 
 2. Non-transferable merchandise 
 check illegal. P. C, §5982.' 09-10:88. 
 
 LABOR EXCPHAXGE — FEES 
 
 If the legislature should establish a 
 system of public labor exchanges, init- 
 iative measure No. 8 would not operate 
 to prevent the state from charging a 
 fee to the employe. Const., art. 2, § 1. 
 
 13-14:561. 
 
 I/AND (PUBLIC) COMMISSIONER 
 
 1. Public Land Commissioner may 
 not divert state land commission funds 
 to clerical hire. 97-98:211. 
 
 2. Office of arid land commissioner ' 
 abolished by General Land Act, March 
 16, 1897. March 22, 1895, § 2. Overruled 
 Hewlett V. Cheetham, 17 Wash. 626. , 
 
 97-98:115. 
 
 3. Action of board of equalization 
 and appeal binding on commissioner of 
 public lands. 93-94:4. 
 
 Contract of Sale — Forfeiture 
 
 4. Has no authority to reinstate a 
 contract of sale on state lands which 
 contract has been duly forfeited and 
 canceled by order of the board for 
 non-payment of principal and interest. 
 
 13-14:399. 
 
 LAW LIBRARY — COUNTY MAY MAIN- 
 TAIN 
 
 County commissioners are authorized 
 to provide law labraries for the county 
 officials. Rem.-Bal., §§ 3862, 3864. 
 
 15-16:^29. 
 LAWS 
 
 (See Codes; Session Laws.) 
 
 LEGISLATOR 
 
 Removal of legislator from county is 
 abandonment of office. Const., art. 2, 
 §7. 93-94:20. 
 
 LEGISLATURE 
 
 (See Governor, 2; Legislator.) 
 
 1. Members attending adjourned 
 session entitled to mileage. 09-10:67. 
 
 2. Sixty consecutive days is limit of 
 legislative session. 09-10:66. 
 
 3. Statutory ninety-day rule as ap- 
 plied to session of March, 1907, de- 
 clared. Const., art. 2, §31. 07-08:109. 
 
 Employees of 
 
 4. Extra allowance to certain legis- 
 lative employees disallowed. 03-04:35. 
 
60 
 
 Digest of the Opinions of the Attorney General 
 
 LBGISLATTTRB — Continued 
 E^mployees of 
 
 5. Extra allowance to certain senate 
 employes for work additional to regu- 
 lar employment not a contravention 
 of Const, art. 2, § 25. 99-00:24. 
 
 Power of l/egislatlve Committee to 
 Produce Witnesses, Books, Btc. 
 
 6. Legislative committee properly 
 authorized may compel attendance of 
 witnesses and production of books and 
 papers, and the fact that witness is 
 not required to keep books would not 
 justify refusal to produce same. Rem.- 
 Bal., § 6922. 13-14:8. 
 
 7. Legislative journals may be kept 
 on book typewriters. 11-12:1. 
 
 8. Separate roll call on emergency 
 clauses in legislative bills is no longer 
 required in view of the repeal of 
 Const, art 2, § 31, by the initiative 
 and referendum provisions of the con- 
 stitution adopted in 1912. 13-14:38. 
 
 Speaker of House 
 
 9. Speaker of the house may sign 
 vouchers or certificates against legis- 
 lative appropriation for printing after 
 adjournment oic legislature. Rem.-Bal., 
 §6896. 13-14:147. 
 
 10. The house of reptesentatives 
 m%y by resolution allow additional 
 compensation to one of its members 
 chosen to serve as speaker of the 
 house. 13-14:46. 
 
 LIBRARIEIS 
 
 (See Cities and Towns, 17; Law Li- 
 brary; Printing, State, 16; Schools, 142, 
 197, 198.) 
 
 1. Counties have no authority to es- 
 tablish or maintain free public li- 
 braries. L. '15, ch. 12. Rem.-Bal., 
 § 6971. 15-16:54. 
 
 2. Offlcial reports of state for state 
 library limited by statute. L. '01, p. 57. 
 
 01-02:310. 
 
 3. City treasurer, and not the library 
 board, is proper custodian of library 
 funds of first-class cities. 07-08:117. 
 
 4. Status of law of 1907 indicated as 
 regards libraries. 07-08:93. 
 
 5. §§ 7739-47, Pierce's Code held re- 
 pealed by §§ 7718-38, P. C. 03-04:146. 
 
 6. City councils of the third class 
 have no authority, other than by gen- 
 eral vote, to levy for city library. 
 
 07-08:103. 
 
 LICBNSSS 
 
 (See Auctioneers; Automobiles, 14, 
 15; Barbers, 6; Commissioners, County, 
 35; Corporations, 13-21; Dogs; Ferries; 
 Fish, 37-88, 139; Food Laws, 14; Game, 
 44-51; Hotels, 6; Insurance, 38-41; In- 
 toxicating Liquors, 18-31, 38; Pawn- 
 brokers; Peddlers.) 
 
 For Occupations and Privileges 
 
 1. Cities of fourth class may not 
 tax lawyer or physician as such. 
 
 09-10:151. 
 
 2. Transient traders or peddlers are 
 subject both to county and city li- 
 censes. P. C, § 6063. 07-08:1. 
 
 Funds — Returned License Where 
 Chargeable 
 
 3. Returned license to be charged to 
 current expense fund of county. L. 
 ■09, ch. 81, §6. 09-10:184. 
 
 Occupational 
 
 (For hunting and fishing, see Game.) 
 
 lilMlTATIONS, STATUTE OF 
 
 (See Taxation, 190.) 
 
 liOCAL ASSESSMENTS 
 
 See Cities and Towns. 19; Highways, 
 64-73; Taxation, 13, 50, 109, 252, 262, 268, 
 311, 366, 369, 390.) 
 
 LOCAL, OPTION 
 
 (See Intoxicating Liquors.) 
 
 LOGS AND LOGGING 
 
 (See Public Lands, 17, 25-27, 65, 68- 
 70, 78; Taxation, 110, 115, 202, 203, 228, 
 239, 281, 339, 389.) 
 
 LOG-SCALER 
 
 1. May bring suit under the act and 
 convert one-half of the recovery to 
 own use. 97-98:172. 
 
 2. Log-sealer to appoint deputies. 
 
 97-98:181, 185. 
 
 3. Log-soaler's fees independent of 
 lien right and collectible from seller. 
 
 97-98:191. 
 
 LOUISIANA PURCHASE EXPOSITION 
 
 Ch. 182, L. '03, and §§ 134, 135 and 
 155, harmonized as to the payment of 
 requisitions of the exposition commis- 
 sion by State Treasurer. L. '03, ch. 182. 
 
 03-04:59. 
 
Digest of the Opinions of the Attorney General 
 
 61 
 
 marriage: 
 
 (See Pees, 2, 3, 80.) 
 
 1. Only ordained priest can marry. 
 
 99-00:166. 
 
 2. Requirements of German marriage 
 law for certificate of no disability 
 from state of foreign contracting 
 party cannot be complied with in this 
 state. 03-04:53. 
 
 MASTEIR AND SERVANT 
 
 (See Bight-Hour Law; Industrial 
 Welfare; Labor.) 
 
 1. Agreement not to join a labor 
 union may be a condition of employ- 
 ment. 07-08:72. 
 
 Statutory Regulation 
 
 2. "Sixteen-hour law" for railway 
 employees not operative upon inter- 
 state traffic. 11-12:221. 
 
 "Women and Aflnlmum. IVa^e 
 
 3. Female employed a specific part 
 of week or day is not entitled to the 
 full minimum weekly w^age. L. '13, 
 ch. 174. 15-16:51. 
 
 4. Female employee is entitled to full 
 minimum wage rate though not fully 
 occupied during such employment. L. 
 '13, ch. 174. 15-16:51. 
 
 5. Female employee of several em- 
 ployers, each contributing a share 
 equal to the minimum wage, cannot . 
 hold either one of such employers for 
 the full amount in default of payment 
 by the others. L. '13, ch. 174. 15-16:51. 
 
 6. Charge of tuition fee in business 
 or trade school marketing the stu- 
 dents' products is not of itself a viola- 
 tion of the statute. L. '13, ch. 174, 
 §17. 15-16:347. 
 
 7. Telephone operators are female 
 employees within the act. L. '11, ch. 
 37. 11-12:78. 
 
 8. Female employed as cook for 
 threshing outfit not cooking in a, "ho- 
 tel or restaurant" virithin the eight- 
 hour act. 11-12:113. 
 
 9. Minimum wage provisions of ch. 
 174, L. '13, do not expressly include 
 females employed by the state. 
 
 11-12:46. 
 
 10. Female telegraph operators are 
 mechanically employed within the 
 eight-hour act, except such w^ithin pro- 
 visions of Federal act. » Op., May 24, 
 1911. 11-12:347. 
 
 Dangerous machinery — Duty to Safe- 
 guard 
 
 11. Failure to safeguard dangerous 
 machinery after notice by the state 
 labor commissioner, or to apply for ar- 
 bitration, entitles the commissioner to 
 institute criminal proceedings. Rera.- 
 Bal., §§6593, 6597. 13-14:124. 
 
 Compulsory Insurance Fund 
 
 12. Employer and employee may con- 
 tract for the maintenance of an acci- 
 dent insurance fund based upon deduc- 
 tions from current wages. 07-08:75. 
 
 MBRGHANDISB 
 
 (See Taxation, 111, 
 Stamps.) 
 
 172; Trading 
 
 METEOROLOGICAL STATION 
 
 State may consent to purchase of 
 government site. 01-02:397. 
 
 MIIilTIA 
 
 (See Adjutant General; Poll Tax, 14; 
 Public Lands, 91.) 
 
 Armories 
 
 1. Armories may not be rented. 
 
 07-08:215. 
 
 2. Appropriation for "construction" 
 of an armory does not include the fur- 
 nishings thereof. L. '09, ch. 68, § 1. 
 L. '11, ch. 61. 11-12:99. 
 
 3. City or county officers ex-officio 
 members of an armory commission do 
 not cease to be members of. such com- 
 mission on the termination of the city 
 or county office. L. '03, p. 212. 
 
 03-04:259. 
 Discipline 
 
 4. Laws of discipline and organiza- 
 tion not in conflict with state or Fed- 
 eral constitutions. Const., art. X, § 2. 
 
 93-94:60. 
 Duties and Function 
 
 5. Riot fund may be used for trans- 
 porting troops in Spanish-American 
 war. 99-00:16. 
 
 6. To be placed at government's dis- 
 posal for war on requisition of Fed- 
 eral government. 99-00:15. 
 
 7. Naval militia not a part of the 
 state national guard. L. '09, ch. 134, 
 §12. 09-10:203. 
 
 8. Militia suppressing certain riots, 
 not as independent military unit, but 
 considered part of sheriff's posse in 
 regard to payment of expense there- 
 for. 91-92:99. 
 
62 
 
 Digest of the Opinions of the Attorney General 
 
 MILITIA — Continued 
 Fund 
 
 9. Appropriation act of March 27, 
 1890, not subject to draft after first 
 day of May, 1892. Const., art. 8, § i. 
 
 91-92:216. 
 
 10. "Warrants issued by mistalce of 
 auditor may be refused payment by 
 treasurer. 09-10:137. 
 
 11. Warrants on military fund to be 
 drawn for expenditures incurred in 
 any year. L. '87-'88, ch. 83, § 36. 
 
 91-92:4. 
 
 12. Expense in Tracy convict episode 
 to be from gener£l.l militia appropria- 
 tions. 01-02:369. 
 
 13. Railroad company's claims 
 against the state for mobilization of 
 troops to be settled by United States 
 Adjutant General. 99-00:130. 
 
 14. Expense of "delinquency courts" 
 to be paid from military fund. 
 
 01-02:269. 
 
 15. Military fund is not liable for the 
 maintenance of a military prisoner 
 confined in a. city Jail. Rem.-Bal., 
 §7325. 11-12:261. 
 
 16. Audit of militia fund estimates 
 by board of military auditors. L. '90, 
 p. 512, § 43. 91-92:217. 
 
 17. Form of verification of claim 
 against militia fund approved. 
 
 90-92:217. 
 
 IS. Disposition of money derived 
 
 from sale of state military property to 
 
 be credited to general fund. 01-02:236. 
 
 Officers and Men 
 
 19. Mail carrier enlisting in militia 
 ■waives mail carrier's exemption. 
 
 99-00:14. 
 
 20. Executive's office, and not Secre- 
 tary of State's, proper from which to 
 forward militia officers' commissions. 
 
 99-00:35. 
 
 21. Status of Capt. Fred Llewellyn, 
 retired, indicated. 07-08:3. 
 
 22. Bife of ofilcers' commissions in 
 force on March 27, 1890, extended to 
 May 1, 1892, regardless of individual 
 date of expiration. 91-92:73. 
 
 23. Expiration of officers' commis- 
 sions to be May 1 and June 1, 1892, re- 
 gardless of preceding legislation. L. 
 '89, p. 513, § 46. 91-92:51. 
 
 24. What officers under the Laws of 
 1907 are to be recommlssioned. 
 
 07-08:122. 
 
 Pay 
 
 25. Quarterly allowance to com- 
 manding officer payable as soon after 
 first day of each quarter as practi- 
 cable. L. '09, ch. 134, § 54. 09-10:96. 
 
 26. Member of guard injured on duty 
 entitled to compensation from main- 
 tenance fund of national guard. 
 
 09-10:224. 
 
 27. Allowance of $25.00 a month a 
 limitation on amount to be audited 
 and allowed. L. '09, ch. 134, § 54. 
 
 09-10:96. 
 
 28. Computation of longevity pay to 
 be inclusive of all time served by the 
 officer in the state national guard 
 either before or since Spanish-Amer- 
 ican war. 03-04:94. 
 
 29. Balances in the hands of the 
 militia paymaster after the payment of 
 any claims cannot be applied on other 
 allowed claims, but should be trans- 
 mitted to the State Treasurer. 
 
 13-14:318. 
 
 30. Ten per cent increase in pay al- 
 lowed soldiers of the state for re-en- 
 listments does not apply to those mus- 
 tered out prior to full term of enlist- 
 ment unless they were members of 
 First Washington Volunteer Infantry. 
 Rem.-Bal., § 7224, as amended L. '13, 
 ch. 66, § 10. 13-14:178. 
 
 31. Federal pay for state militia be- 
 gins on reporting for duty and not at 
 mustering in, hence the state militia 
 is not entitled to pay from date or 
 such reporting. L. '15, ch. 47. U. S. 
 Stats, at Large, vol. 35, ch. 204. 
 
 15-16:341. 
 
 Personnel 
 
 32. Members of an Indian school, citi- 
 zens of the United States, eligible for 
 state militia. 3 Fed. Stat. Ann., p. 
 496. 11-12:166. 
 
 Supplies and Uniforms 
 
 33. Officers' record books only ob- 
 tainable through state printer. L. '05, 
 ch. 168, § 3. 07-08:283. 
 
 34. Officers of naval militia not en- 
 titled to uniform allowance prior to 
 April 1, 1912. L. '11, ch. 102. L. '09, 
 oh. 134. 11-12:121. 
 
 36. Adjutant general has no author- 
 ity to purcliase horses for mounting 
 officers and n^en. Rem.-Bal., § 7225. 
 
 11-12:65. 
 
Digest of the Opinions of the Attorney General 
 
 63 
 
 MILITIA — Coi-tinl'cd 
 Property 
 
 36. State not liable for death of cav- 
 alry horse. 03-04:290. 
 
 37. Recovery of military property re- 
 tained by an enlisted man to be by 
 civil action in conversion. Military 
 Code of 1903, § 48. 03-04:170. 
 
 MINES AND MINERALS 
 
 (See Public Lands; Taxation, 113, 
 216, 220, 221.) 
 
 Inspection — Safety 
 
 1. Deputy mine inspector is not re- 
 quired to be examined for such posi- 
 tion. D. '11, ch. 63," § 1. 11-12:20. 
 
 2. "Fire boss" not an unusual em- 
 ployment for "the protection of life" 
 exempting such from the eight-hour 
 rule. L. '09, ch. 220, §§ 1, 2, 3. 
 
 11-12:343. 
 
 3. Controversy as to certain minor 
 expenses against mining bureau ap- 
 propriation an abstract question not 
 determinable by Attorney General. L. 
 '89, p. 641, § 21. 91-92:89. 
 
 4. Mine inspector may compel ade- 
 quate safety appliances. L. '91, p. 152, 
 §8. 07-08:189. 
 
 5. Each seam of a mine Is required to 
 have two openings. Rem.-Bal., § 7378. 
 
 11-12:17. 
 
 6. Works and machinery of a coal 
 mine are not subject to inspection by 
 the commissioner of labor, but are un- 
 der the jurisdiction of the state min- 
 ing inspector. Rem.-Bal., § 6587 et seq., 
 §7391. 13-14:369. 
 
 Inspectors 
 
 7. "Expenses" in § 5, L. '91; p. 155, is 
 mileage only, not board and lodging. 
 
 97-98:7. 
 
 8. Coal mine inspectors entitled to 
 nothing but salary and mileage. L. '91, 
 p. 155, §5. 97-98:105. 
 
 9. Mine inspector, not a candidate, 
 may sit on examination board of can- 
 didates for mine inspectorships. L. '91, 
 p. 155, §5. 97-98:340. 
 
 Assessment Work 
 
 10. Notice of location may be filed 
 without affidavit of necessary assess- 
 ment work. L. '99, p. 69. 99-00:78. 
 
 11. Clay is a "mineral." 01-02:346. 
 
 Gross Ontpnt 
 
 12. The term "value of the gross out- 
 put" as used in § 6788, Rem.-Bal., 
 
 means the value of the gross output 
 of merchantable shipping ore at the 
 mine. Rem.-Bal., §§ 6787, 6788. 
 
 13-14:394. 
 MINIMUM WAGE 
 
 (See Industrial "Welfare; Master and 
 Servant.) 
 
 MONEY 
 
 (See Taxation, 127, 130, 138, 143.) 
 
 MORTGAGES 
 
 (See Taxation, 117, 120, 126, 226, 243, 
 244, 317, 319.) 
 
 1. Mortgage held as security of 
 building and loan association may be 
 surrendered on satisfaction to the 
 mortgagor. Hill, vol. 1, § 1605. 
 
 97-98:65. 
 
 2. Equity of redemption begins from 
 date of purchase from county treas- 
 urer. 97-98:134. 
 
 3. Copy of mortgages filed with au- 
 ditor to be retained after surrender of 
 the original. 99-00:181. 
 
 4. Sales under foreclosure to be 
 treated as sales under execution. L. '97, 
 ch. 50. 97-98:131. 
 
 MOTHERS' PENSIONS 
 
 1. Mother's pension is not author- 
 ized for a deserted wife. L. '13, ch. 
 160. L. '15, ch. 135. D. '13, ch. 28. 
 Rem.-Bal., 1 1987-1 et seq. Rem.-Bal., 
 §8385-1. 13-14:463. 
 
 2. Allowances under the mother's 
 pension act of 1913 terminated on June 
 10, 1915, when ch. 135, L. '15, became 
 operative. 15-16:69. 
 
 3. It is the duty of the county audi- 
 tor to keep a record of the ages of 
 children of mothers receiving compen- 
 sation under the act and to see that 
 the proper amounts are paid each 
 month. Rem.-Bal., § 3918. L. '13, ch. 
 179, i§2, 4, 6. 13-14:248. 
 
 4. Allowance for children under the 
 mothers' pension act may be discon- 
 tinued by the auditor without a court 
 order for any child attaining fifteen 
 years of age. L. '13, ch. 179, §§ 4, 6. 
 
 13-14:248. 
 
 MOTOR VEHICl/ES 
 
 (See Automobiles.) 
 
64 
 
 Digest of the Opinions of the Attorney General 
 
 MUNICIPAL CORPORATIONS 
 
 (See Cities and Towns; Public Utili- 
 ties, 40-43.) 
 
 Bonds 
 
 1. Municipal corporation bonds not 
 exchangeable by the state, which can 
 only purchase new bonds. 07-08:260. 
 
 2. Bonds against a specific municipal 
 project; i. e. a water- worlts, not "mu- 
 nicipal bonds" within § 2200, vol. 3, 
 Bal. Code. Hal. Code, vol. 3, §1077. 
 
 03-04:248. 
 
 3. Ten per cent limitation of secur- 
 ity does not prevent co-suretyship 
 when each surety does not exceed ten 
 percent. L. '11, oh. 49, § 193. 11-12:80. 
 
 4. Ten per cent limitation of secur- 
 ity does not apply to private indi- 
 vidual on corporation bonds, except- 
 ing statutory bonds. L. '11, ch. 49, 
 §193. 11-12:80. 
 
 IVATIONAli GUARD 
 
 (See Militia.) 
 
 NATIONAIi IRRIGATION CONGRESS 
 
 Vouchers approved by commission- 
 ers to be valid. 09-10:31. 
 
 NATURALIZATION AND CITIZEN- 
 SHIP 
 
 (See Elections, 21; Fees, 105, 109; 
 Husband and Wife.) 
 
 1. Natives of the Philippine Islands 
 did not become United States citizens 
 by virtue of the cession of the islands. 
 
 11-12:237. 
 
 2. Woman married to alien prior to 
 Federal law of 1907 takes the nation- 
 ality of her husband. 34 Stat. 1228. 
 
 11-12:227. 
 NAVAL MILITIA 
 (See Militia, 7, 34.) 
 
 NEWSPAPERS 
 
 (See Taxation, 119; Trade Marks, 3.) 
 . "Weekly newspapers" under § 3912, 
 Kem.-Bal., mean newspapers published 
 regularly once a week or oftener, in- 
 cluding those published daily. 
 
 15-16:92. 
 NAVIGABLE WATERS 
 
 (See Railroads, 1.) 
 
 "Inland navigable body of water" 
 defined. 07-08:349. 
 
 NORMAL SCHOOLS 
 
 (See Printing, State, 14; Schools and 
 School District, 4, 45, 90, 98, 158, 183, 
 251, 309, 314-318.) 
 
 NOTARY PUBLIC 
 
 (See Initiative and Referendum, 16; 
 Internal Revenue Stamps.) 
 
 1. Revenue stamp of fifty cents as 
 prerequisite to qualification of no- 
 tary's commission. 01-02:21. 
 
 2. Residence in good faith of the 
 state for more than one year necessary 
 condition for qualification of notary 
 public. 07-08:95. 
 
 3. Change of residence does not in- 
 validate commission. 91-92:33. 
 
 4. An applicant for commission as 
 notary public cannot perform notarial 
 duties pending approval of his bond. 
 Rem. -Bal., § 8297. 13-14:251. 
 
 5. Clerk of court presumed to have 
 examined sureties of notary public as 
 to whether the property of the sureties 
 is subject to execution on the bond. 
 L. '01, ch. 14. 03-04:168. 
 
 6. Certificate of notary public's ap- 
 pointment $1.00. 07-08:320. 
 
 7. Affidavits provided within ch. 18, 
 Ext. Session Laws of 1909, to be taken 
 free of charge. Ext. Sess. '09, ch. 18. 
 
 09-10:104. 
 
 8. A notary public cannot be com- 
 pelled to take an acknowledgment un- 
 less such duty is imposed by manda- 
 tory statute. Rem.-Bal., §§ 2268, 8761, 
 87611^. L. '09. Ext. Sess., ch. 18. 
 
 13-14:445, 09-10:104. 
 
 9. Notary Public is not a "state of- 
 fice" for which women are ineligible. 
 
 Contra 99-00:135, 07-08:160. 
 
 10. Notaries may be removed by 
 governor without notice or hearing. 
 
 03-04:174. 
 
 11. Legislators may be notaries pub- 
 lic. 91-92:2. 
 
 12. Second certificate of appointment 
 to issue to notary public on change of 
 residence. Hill's Code, § 2182. 
 
 97-98:97. 
 
 13. Notary to correct by attaching 
 seal regardless of subsequent disagree- 
 ment between the parties to the In- 
 strument. 99-00:110. 
 
Digest of the Opinions of the Attorney General 
 
 65 
 
 NOXIOUS WEEDS 
 
 (See Weeds, Noxious.) 
 
 NUISANCES 
 
 (See Health, 12-15; 
 
 Sewers.) 
 
 NURSERIES 
 
 (See Horticulture, 20.) 
 
 One bond sufflcient for nursery hav- 
 ing several branch nurseries. 
 
 07-08:184. 
 NURSERY 
 
 (See Day Nursery.) 
 
 NURSES — REGISTERED 
 
 A graduate nurse practising in this 
 state at the passage of the nurses' law 
 is entitled to register w^ithout exami- 
 nation, if otherwise qualified. Rem.- 
 Bal., §§8482, 8483. 13-14:390. 
 
 OFFICERS 
 
 (See Appropriations, 7; Cities and 
 Towns, 6-8, 26-35; Counties, 39-42; 
 Pees; Game, 23; Special Titles of Of- 
 ficers.) 
 
 In General — Qualification and Removal 
 
 1. Citizenship at time of taking of- 
 fice and not -at time of nomination 
 governs. 97-98:346. 
 
 2. Reference in statute to "territor- 
 ial" officer held a, reference to corres- 
 ponding officer under statehood. 
 
 97-98:140. 
 
 3. Succession in office under terri- 
 torial government not a bar to more 
 than two successive terms. Const., 
 art. 11, §7. 91-92:31. 
 
 4. Consecutive terms. Term by ap- 
 pointment then by election a bar to 
 re-appointment or re-election. Const., 
 art. 11, §7. 09-10:3. 
 
 5. Residence on military reserve not 
 of itself a bar to qualification for pub- 
 lic office. 99-00:21. 
 
 6. Officer may not talie office any 
 time during the term when the vacan- 
 cy is the result of his own failure to 
 qualify. 99-00:114. 
 
 7. Governor's power to remove does 
 not extend to officers elected or ap- 
 pointed by the legislature. 91-92:95. 
 
 8. "Civil officer" and "state em- 
 ploye" defined and distinguished. 
 Const., art. 2, §13. 11-12:168. 
 
 —3 
 
 Compensation 
 
 9. "Actual traveling expenses" de- 
 fined. Table board of traveling of- 
 ficer is within the law. 97-98:141. 
 
 10. Pee books of county officers to be 
 checked. L. '07, ch. 65,' p. 107. 
 
 07-08:196. 
 
 11. Salaried county officers to ac- 
 count monthly for fees constitutional. 
 L. '93, ch. 81, p. 184. 93-94:29. 
 
 12. Incumbent's duties and compen- 
 sation cannot be increased by ex-of- 
 ficio appointment. Const., art. 2, § 25. 
 
 93-94:10. 
 
 13. County officials using their own 
 conveyances in the transaction of of- 
 ficial business not entitled to compen- 
 sation therefor. Rem.-Bal., § 2334. 
 
 11-12:24. 
 
 14. Pees earned by county officers 
 not included within his official duties, 
 may be retained by him. 07-08:16. 
 
 15. Officer performing service inci- 
 dent to the office cannot accept private 
 fees. Opinion Aug. 21, 1907. 
 
 09-10:100. 
 
 16. Frank Houghton to draw salary 
 from time of appointment. 01-02:90. 
 
 17. Salary of B. D. Benson not to be 
 paid in absence of appropria,tion. 
 
 90-00:27. 
 
 18. Act of 1901 classifying counties 
 does not affect increase of county of- 
 ficers' salaries during term. 01-02:65. 
 
 19. "Mileage" not a "compensation" 
 subject to statutory prohibition of in- 
 crease during interested officer's in- 
 cumbency. 01-02:234. 
 
 20. Auditor may prescribe limits of 
 traveling allowance of county officer. 
 
 97-98:69, 166. 
 General 
 
 21. Officer acting in quasi-judicial ca- 
 pacity not personally liable for hon- 
 est mistake of law or fact. 09-10:136. 
 
 22. Officer paid a per diem not re- 
 quired to keep office open in the In- 
 tervals of employment. Bal. Code, 
 §1594. 03-04:43. 
 
 Employment of Members of Family 
 
 23. A contract of employment made 
 by a public officer with his wife or 
 minor child is in violation of Rem.- 
 Bal., §2334. 13-14:130. 
 
66 
 
 Digest of the Opinions of the Attorney General 
 
 OFFICERS — Continued 
 Women 
 
 24. Appointment as commissioner of 
 deeds not eligible. 07-08:495. 
 
 25. Women eligible for school dis- 
 trict officers. 07-08:382. 
 
 26. Not eligible as county superin- 
 tendent of schools. 91-92:25. 
 
 27. Compatibility and incompatibility. 
 (See Assessors, 1, 2; Auditors, County, 
 
 3; Commissioners, County, 3, 17; Fair 
 Commissioners; Game, 10-12; Legisla- 
 ture, 5; Notary Public, 11; Prosecuting 
 Attorney, 10; Regents, 6; Schools and 
 School Districts, 111, 113; Soldiers, IS; 
 Vital Statistics; Weights and Meas- 
 ures, 1.) 
 
 OIL 
 
 (See Public Lands, 5, 8, 10, 11, 56, 
 66, 132; Tide Lands, 20, 25.) 
 
 Inspection 
 
 1. No provision for inspection fee of 
 one-flfth of one per cent per gallon 
 straight, except in carloads. L. '07, ch. 
 192, § 4. 09-10:196. 
 
 2. Oil purchased in a foreign state, 
 by the bona fide consumer thereof, and 
 brought to this state is not subject 
 to inspection. L. '07, ch. 192, § 2, 3, 6. 
 
 07-08:157. 
 
 3. Oil imported for sale to be Inspect- 
 ed and inspection fee charged to per- 
 son then in possession thereof. 
 
 07-08:236. 
 
 4. Oil in storage tanlc to be inspect- 
 ed and receptacles thereafter receiv- 
 ing it to be labeled according to law. 
 L. '07, p. 414, § 3. 07-08:363. 
 
 5. Oil not intended for use within 
 the state is not subject to Inspection 
 except when inseparable from locally 
 used oil. Rem.-Bal., §§ 6050 et seq. 
 
 11-12:280. 
 Inspectors 
 
 6. Oil inspector under ch. 192, L. '07 
 to be appointed when. 07-08:80. 
 
 7. Appropriation tor mspector limit- 
 ed to $1,800.00. 03-04:242. 
 
 OPTOMETRISTS 
 
 Transient optometrists practising In 
 the state are subject to examination. 
 L. '09, ch, 235. 09-10:119. 
 
 OSTEOPATHY 
 lilcense 
 
 1. After January 1, 1910, no applica- 
 tion for osteopathic license to be re- 
 ceived unless from holder of three 
 year college diploma. L. '09, ch. 192, 
 § 6. 09-10:93. 
 
 2. License to follow diploma — Osteo- 
 pathic license not to be granted on 
 allopathic diploma. 09-10:56. 
 
 Osteopathy Defined 
 
 3. An osteopath is not a duly li- 
 censed physician authorized to prac- 
 tise medicine within meaning of Rem.- 
 Bal., § 8478. 13-14:14. 
 
 4. Osteopath practising w^ithout 
 qualifying is not "practising medicine" 
 within the prohibition unless entitling 
 himself "M. D." 99-00:115,119. 
 
 5. Osteopath a physician qualified to 
 be municipal health officer. L. '07, ch. 
 85. L. '09, ch. 92. 09-10:146. 
 
 6. Osteopathy not within the mean- 
 ing of "medicine or surgery or either 
 of them." L. '90, pp. 115-119. L. '01, 
 pp. 47-51. 99-00:115, 01-02:324. 
 
 7. Osteopaths are penally liable for 
 practising medicine or 'surgery under 
 Rem.-Bal., § 8395. 15-16:61. 
 
 8. Osteopath not a "physician" au- 
 thorized to sign death certificate. L. 
 '07, ch. 83. 07-08:239. 
 
 OVERFLOWING LANDS 
 
 (See Tide Lands, 40.) 
 
 OYSTERS 
 
 (See Fish, 33-37, 63, 139; Taxation, 
 129, 227%; Tide Lands, 44; 60.) 
 
 Beds — Taxation 
 
 1. Oyster beds being interests in 
 tide lands, the bases of such beds are 
 taxable, but tide lands themselves are 
 "ot. 97-98:7. 
 Reserves 
 
 2. The board of state land commis- 
 sioners is authorized to determine 
 when a reserve contains oysters In 
 merchantable quantities. 13-14:96. 
 
 3. The power granted port commis- 
 sions to lease harbor areas does not 
 vest them with power to lease oyster 
 lands within port districts, but the lat- 
 ter power is retained by the land com- 
 missioner. Rem.-Bal., §§ 6808 et seq. 
 L. 'IS, ch. 169. 13-14:258. 
 
Digest of the Opinions of the Attorney General 67 
 
 OYSTBRS— Continued 
 Reserves 
 
 4. Platting state oyster lands — Im- 
 mediate work authorized. L. '97, ch. 
 107, §10. 97-98:235. 
 
 5. Oyster fund not subject to war- 
 rants in excess of $5,000.00. 03-04:190. 
 
 6. Order and findings in re applica- 
 tion of John Adams for oyster land 
 claim corrected. 99-00:209,214. 
 
 7. Oyster land lease application lim- 
 ited to one filing at a time. 01-02:418. 
 
 8. Oyster land application, prior to 
 application for general tide land lease, 
 entitles such applicant to deed. 
 
 01-02:306. 
 
 9. Duty of local oyster boards (L. 
 '97) to examine oyster lands not af- 
 fected by act of 1903. 03-04:123. 
 
 10. The declaration in Kem. Code, 
 § 5246, that the tide lands within plat- 
 ted oyster reserves shall forever be re- 
 served from lease is modified by the 
 subsequent act, L. 1911, ch. 86, which 
 gives the state board of land commis- 
 sioners power to lease for booming 
 purposes such oyster reserves as do 
 not contain oysters in merchantable 
 quantities. 13-14:96. 
 
 11. Tide lands within oyster re- 
 serves may be leased for booming 
 purposes only in case the reserve does 
 not contain oysters in merchantable 
 quantities or is not within two miles 
 of an incorporated city. L. '11, ch. 86, 
 §1. Rem.-Bal., §5246. 13-14:128. 
 
 Auction Sale — Liability of Purchasers 
 
 12. Purchasers at auction sales of 
 oyster reserves cannot withdraw ap- 
 proval of sale by state oyster commis- 
 sion, but are obligated to pay entire 
 purchase price. Rem.-Bal., §§ 6819, 
 6822. 13-14:112. 
 
 13. Federal wharves may be con- 
 structed on oyster reserve tide lands. 
 
 03-04:133. 
 
 PAN-AMBRICAX EXPOSITION 
 
 Method of drawing against Pan- 
 American Exposition appropriation in- 
 dicated. 01-02:40,135. 
 
 PARDON AND PAROIiE! 
 
 (See Crimes, 42-47.) 
 
 PAUPERS 
 
 (See Attorneys; Poor, Relief of; Sol- 
 diers, 11.) 
 
 PAWNBROKERS 
 
 No state license fee required of 
 pawnbrokers. 01-02:298. 
 
 PEDDLERS 
 
 (See Pish, 118.) 
 
 1. Money received from peddlers' li- 
 censes should be credited to current 
 expense fund in accordance with Rem.- 
 Bal,, §9212. 13-14:130. 
 
 2. "Peddling" defined. L,. '09, ch. 214. 
 
 09-10:49. 
 
 3. Peddler license ordinances not re- 
 pealed by act of 1903. L. '03, p. 38. 
 
 03-04:322. 
 PENITENTIARY 
 Appropriation 
 
 1. Excess in "revolving" fund may 
 be applied to the expense of manufac- 
 ture of products other than jute or 
 brick. L. '93, p. 212. 93-94:70. 
 
 2. Appropriation of 1895 not an in- 
 crease of the permanent revolving fund 
 created in 1893. 95-96:39. 
 
 Warden — Dwelling 
 
 3. Warden's dwelling as near peni- 
 tentiary as practicable is "at the peni- 
 tentiary" though a mile and a half 
 therefrom. Hill, vol. 1, § 1147. 93-94:5. 
 
 4. Prisoners not to be employed out- 
 side of state penitentiary. L. '03, p. 
 264. 01-02:312, 03-04:206. 
 
 5. County court has jurisdiction to 
 remove a convict from the peniten- 
 tiary for the purpose of trial. 
 
 07-08:475. 
 
 6. In absence of express authority, 
 it might be permissible for a, convicted 
 mother to take her unweaned child to 
 the penitentiary with her. 07-08:20. 
 
 Parole — Deportation 
 
 7. A person discharged from the re- 
 formatory or state penitentiary under 
 a conditional pardon may be lawfully 
 deported by the United States authori- 
 ties. 13-14:443. 
 Prisoners — Federal 
 
 8. State penitentiary has no author- 
 ity to contract for confinement of 
 United States prisoners. 93-94:5. 
 
 (See Crimes — Punishment.) 
 Product — Sale of 
 
 9. Sale of sacks in excess of demand 
 to be sold at best obtainable price. 
 
 07-08:341. 
 
68 
 
 Digest of the Opinions of the Attorney General 
 
 PENITENTIARY — Continued 
 Product — Sale of 
 
 10. Price of articles manufactured at 
 penitentiary not fixed by statute. 
 
 03-04:284. 
 
 11. Grain bags manufactured at the 
 penitentiary to be sold in the order in 
 which applied for. L. "95, p. 343. 
 
 03-04:17. 
 
 12. Sale of the products of the peni- 
 tentiary restricted to residents of the 
 state. 03-04:133. 
 
 13. An order of the state board of 
 control pro-rating the allotment of 
 grain sacks to a county among the 
 applicants therefrom is void, being in 
 conflict with L. '11, ch. 132, which pro- 
 vides that such sacks shall be sold as 
 near as may be in the order of mak- 
 ing written application therefor. 
 
 13-14:42. 
 Warden of 
 
 14. State auditor authorized to re- 
 quire detail of claims of director of 
 penitentiary. Act IVEarch 27, 1890, § 5, 
 subd. 16. 1 Hill's Code, § 1145. 
 
 93-94:27. 
 
 15. Penitentiary director to retain 
 records until demand of his successor, 
 and receive salary until such demand. 
 
 93-94:62. 
 Supplies, Etc. 
 
 16. Contract with the state for sup- 
 ply of beef to an institution construed 
 as a. warranty of wholesome quality. 
 
 03-04:105. 
 
 17. Board of control not to execute 
 contract for railroad spur to peniten- 
 tiary that is not reasonably necessary. 
 L. '09, ch. 192, $4. 09-10:46. 
 
 PENSIONS 
 
 (See Fees, 52; Mothers' Pensions; 
 Schools, 299.) 
 
 PHARMACY 
 General 
 
 1. What constitutes a, retail phar- 
 macy. Phar. Law 1899. 01-02:51. 
 
 Examination of Pliarinacists 
 
 2. Board of pharmacy may make by- 
 laws governing method of examina- 
 tions. L. '99, ch 121, §8. 99-00:92. 
 
 License 
 
 3. Pharmacist practising under law 
 of 1891, but discontinuing until after 
 law of 1899, may register without re- 
 examination. 99-00:192. 
 
 4. Pharmacist practising before pas- 
 sage of law of 1891 must re-register 
 within sixty days of passage of law of 
 1899 to obtain exemption. 99-00:193. 
 
 5. Requirements of pharmacal li- 
 cense Indicated. L. '91, p. 374, 6 8. 
 
 91-92:206. 
 
 6. One engaged in the sale of strych- 
 nine in original packages is required 
 to be a, registered pharmacist or have 
 in his employ a registered pharmacist 
 and keep a record of sales of such ar- 
 ticles. Rem.-Bal., §§ 8457, 8459, 2508. 
 
 13-14:401. 
 
 7. License revocable for drunken- 
 ness, insanity, etc. 99-00:192. 
 
 Registration of Drugs 
 
 8. Component parts of drugs to be 
 registered upon the labels. L. '07, p. 
 211, §1. 07-08:132. 
 
 PHYSICIANS AND SURGEONS 
 
 (See Optometrists; Osteopathy.) 
 
 License — Examination for 
 
 1. Practising without a license prior 
 to passage of ch. 192, L. '09, does not 
 dispense with examination. 
 
 Foreign practitioner to be examined. 
 09-10:3^, 45. 
 
 2. Examinations for medical certifi- 
 cates to be held one on the east and 
 one on the west side of the state each 
 year. 03-04:283. 
 
 3. Parties not having actual notice 
 may file application for certificate 30 
 days after second Tuesday in June, 
 1909. 09-10:56. 
 
 4. Citizenship not prerequisite to 
 practising medicine. P. C, § 6284. 
 
 07-08:217. 
 
 5. Examination of Japanese appli- 
 cant for medical license to be in Eng- 
 lish language. L. '09, ch. 192. 
 
 09-10:226. 
 
 6. Applicant for license who has 
 failed at one examination may make 
 other applications and receive certif- 
 icates if he meet the requirements. 
 
 13-14:335. 
 License to Practise 
 
 7. Registration of diploma to precede 
 license. 09-10:28. 
 
 8. One not complying with a prior li- 
 cense act, but practising for a period 
 of years, not entitled to resume prac- 
 tise under a, later law without exami- 
 nation. 03-04:41. 
 
Digest of the Opinions of the Attorney General 
 
 69 
 
 PHYSICIANS AND SURGEONS — Cont. 
 License to Practice 
 
 9. Physicians licensed prior to the 
 act of 1890 not subject to subsequent 
 license statutes. 01-02:189. 
 
 10. Physicians' licenses must be filed 
 with and permanently retained by 
 county clerk. L. '01, p. 47, § 7. 
 
 07-08:66. 
 
 11. Duplication of lost licenses with- 
 in discretion of examining board. 
 
 07-08:179. 
 
 12. The state board of medical ex- 
 aminers has no authority to employ 
 private attorney and pay him from ap- 
 propriation for expense of the board. 
 Rem.-Bal., §8400. 13-14:534. 
 
 License — Revocation of 
 
 13. Revocation of license does not 
 constitute subsequent practice a crime 
 in the absence of statutory prohibition. 
 
 01-02:374. 
 
 14. Conspiracy to obtain advance 
 copies of medical license examination 
 a "moral turpitude" justifying revoca- 
 tion of license. 03-04:177. 
 
 IB. Immoral conduct grounds for re- 
 vocation of license. 01-02:284. 
 
 16. State board of medical examiners 
 have no authority to reinstate a prac- 
 titioner whose certificate has been re- 
 volted, nor to review actions of former 
 boards. Rem.-Code, § 8397. 13-14:335. 
 
 17. Issuance of prescriptions contrary 
 to the law is not a crime involving 
 moral turpitude rendering the license 
 of the physician revocable. Rem.-Bal., 
 §8397. 15-16:306. 
 
 POLICE COURTS 
 
 (See Pines, 2.) 
 
 POLL TAX 
 Levy 
 
 1. City existing under territorial 
 charter is limited by its charter in en- 
 actment of poll tax ordinance. P. C, 
 §3818. 07-08:128. 
 
 2. Fourth-class city may impose poll 
 tax. P. C, i 3818. 09-10:151. 
 
 3. No law for levy or collection of 
 road poll tax. 09-10:62. 
 
 4. Spanish war veterans not exempt 
 from poll tax in fourth-class city. 
 
 01-02:351, 03-04:332. 
 
 5. Master of steamboat having his 
 residence on shore is subject to poll 
 tax. 91-92:186. 
 
 6. Omission to levy road poll tax by 
 commissioners does not affect collec- 
 tion of same as if properly levied. L. 
 '89, p. 622, §7. 91-92:117. 
 
 Collection ,' 
 
 7. Action on road poll tax to be 
 brought In the joint names of the 
 county and local road supervisors. 
 
 01-02:92. 
 
 8. Right of county assessors to col- 
 lect poll tax while making assessment. 
 
 03-04:22. 
 
 9. Payment of poll tax for current 
 year in state of Oregon does not avoid 
 payment in this state. 97-98:34. 
 
 10. Road poll tax to be collected be- 
 fore December 1st of each year. 
 
 97-98:308. 
 
 11. Collection of road poll tax by 
 garnishment indicated. L. '95, p. 424, 
 §15. 97-98:308. 
 
 12. Costs of delinquent poll tax judg- 
 ment Included in said judgment. L. '03, 
 ch. 119. 07-08:348. 
 
 13. Poll tax collected by a town by 
 authority of law is not payable to the 
 county. Lr. '05, p. 297 (Repealed, L. '07, 
 ch. 246). 07-08:'116. 
 
 Exemptions 
 
 14. Militiamen exempt from road poll 
 tax during period of service. Bal. 
 Code, §2066. 01-02:91. 
 
 15. Residents of state subsequent to 
 March 1st not subject to current poll 
 
 .tax. 07-08:167. 
 
 16. Homesteader residing off his 
 homestead is liable for poll tax. 
 
 03-04:239.' 
 
 17. Beneficiaries of poll tax exemp- 
 tion clause specified. L. '03, p. 223. 
 
 03-04:234. 
 POOL HALLS 
 
 (See Townships, 4.) 
 
 Females and minors excluded, wheth- 
 er pool halls sell liquor or not. L. '09, 
 ch. 27, §1. 09-10:150. 
 
 POOR 
 Relief of 
 
 1. County commissioners, having due 
 notice, may allow medical and hotel 
 
70 Digest of the Opinions of the Attorney General 
 
 POOR — Continued 
 Relief of 
 
 bills for indigent strangers injured 
 within their jurisdiction. Rera.-Code, 
 §§ 8374, 8379. 11-12:55. 
 
 2. Separate fund for poor relief to 
 be maintained from taxes levied by 
 the county for that purpose. . 
 
 95-96:42 contra,' 95-96:55. 
 
 3. Maintenance of poor only to be 
 paid as other county expenses are 
 paid. 95-96:45. 
 
 4. Indig-ent poor dying within cities 
 of the fourth class are to be buried by 
 the county. Rem.-Code, §§ 8374, 8379. 
 
 11-12:23. 
 PORT DISTRICTS 
 
 (See Elections, 25; Harbor Areas, 1-5, 
 9; Public Lands, 13; Tide Lands, 19, 22. 
 
 PRINTER, STATE 
 
 , State printer an officer entitled to 
 public supplies. 97-98:100. 
 
 PRINTING, STATE 
 Appropriations for 
 
 1. Printing fund not subject to cost 
 of printing for departments having a 
 maintenance fund. 01^02 :421. 
 
 2. Printing after appropriation ex- 
 hausted to be compensated at next 
 legislature. 07-08:539. 
 
 Agricultural Station 
 
 3. Bulletins of agricultural station 
 not covered by general printing appro- 
 priation. 05-06:206, 07-08:283, 09-10:91. 
 
 Adjutant General 
 
 4. Expense of printing adjutant gen- 
 eral's documents to be paid for out of 
 general appropriation for public print- 
 ing and not from special military fund. 
 
 91-92:135. 
 Boards and Commissions 
 
 5. State board of printing may regu- 
 late, amount and printing of state in- 
 stitutions. 99-00:199. 
 
 6. Prior laws not repealed until July 
 1, 1901. Duties of board to contract 
 for printing before July 1, 1901, indi- 
 cated. 01-02:82. 
 
 7. Powers of public printing com- 
 missioners under law of 1901 indicated. 
 
 01-02:101. 
 
 8. World's fair commission author- 
 ized to contract for private printing. 
 
 93-94:15; 
 
 9. Wastage allowance on state 
 printing not dependent on actual 
 waste. L. '90, p. 468. 93-94:69. 
 
 Classlflcatlon of 
 
 10. Classes of printing (1st, 2nd and 
 3rd) defined. 01-02:3. 
 
 Contracts for 
 
 11. Bid to be accepted in whole, not 
 by item. 01-02:351. 
 
 12. Call for bids in May of each year 
 obligatory, even though appropriation 
 exhausted. 01-02:323. 
 
 County Printing 
 
 (See Counties, Printing.) 
 Dairy Commission 
 
 13. Report of dairy commissioner 
 (1902) may be printed at expense of 
 the state dairy appropriation. 
 
 03-04:74. 
 Educational Institutions — Printing — 
 Necessity of Reanisltions 
 
 14. Printing for the higher educa- 
 tional institutions can only be done 
 upon requisitions approved by the gov- 
 ernor, under § 8619, Rem.-Bal., not- 
 withstanding L. 1911, ch. 69, fixing tax 
 levy for such institutions, and L. 1913, 
 ch. 12, including printing in the ap- 
 propriations for such schools. 
 
 13-14:90. 
 Exposition, Letvis and Clark 
 
 15. Board of Lewis and Clark expo- 
 sition not entitled to state stationery. 
 
 01-02:92. 
 
 Library 
 
 16. Indexing and cataloguing of 
 state library to be paid for out of "in- 
 dexing and cataloguing" fund. L. '01, 
 ch. 127. 01-02:222. 
 
 Senate Journals 
 
 17. Senate journals to be printed by 
 outgoing printer. 97-98:155. 
 
 Session Lnivs 
 
 18. Printer not to furnish session 
 laws to other than state officers. 
 
 97-98:165. 
 
 19. Publishing company may request 
 bound copies of Laws '97 under ex- 
 change agreement. 97-98:160. 
 
 "Stoeli" 
 
 20. State printer may use "surplus 
 Stock" and settle with the state there- 
 for by rebate on his labor bills. 
 
 99-00:204. 
 
Digest of the Opinions of the Attorney General 
 
 71 
 
 PRIIVTING, STATE — Continued 
 "Stock" 
 
 21. "Stock" used by state printer 
 properly chargeable to department or- 
 dering printing. 97-98:201. 
 
 General Institutions 
 
 22. Maintenance fund not subject to 
 printing bills of state educational in- 
 stitutions. 01-02:302. 
 
 23. Printing for state Institutions, 
 whether paid for out of maintenance 
 or general fund, to be done by state 
 printer. 99-00:64. 
 
 24. Last proviso of L. '99, § 11, p. 213, 
 declares repealing clause not effective 
 until July 1, 1901. 99-00:47. 
 
 PROBATE PROCEEDINGS 
 
 (See Fees, 54-68.) 
 
 PROSECUTING ATTORNEY 
 
 (See Elections, 96.) 
 
 Qualification 
 
 1. "County attorney" and "prosecut- 
 ing attorney" synonymous. 91-92:28. 
 
 2. Prosecuting attorney may act as 
 deputy to his successor in office. 
 Const, art. 2, | 7. 95-96:7. 
 
 3. Where no attorney in the county 
 will accept prosecutorship the court 
 may compel some qualified attorney to 
 act. Bal. Code, §§ 424, 466. Bal. Code, 
 §4755. 07-08:113. 
 
 4. County attorney may be resident 
 in other county. L. '85, p. 61, % 5. 
 
 91-92:186. 
 Functions 
 
 5. Prosecuting attorney no exclusive 
 Jurisdiction, to prosecute violation of 
 Act February 11, 1890, § 12, and may 
 retain 25% penalty. 91-92:77. 
 
 6. Prosecuting attorney the only 
 county officer authorized to file infor- 
 mations on his own motion. Bal. Code, 
 I 5781. 07-08:103. 
 
 7. Prosecuting attorney must repre- 
 sent the county as against a school 
 district in a contest between the two. 
 Rem. -Bal., §§ 114, 116. 15-16:105. 
 
 8. Prosecuting attorney to defend 
 actions against county officials. 1 
 Hill's Code, § 227. 93-94-64. 
 
 9. County attorney and clgrk to ap- 
 point only the number of deputies al- 
 lowed them by the board of county 
 commissioners. L. '90, p. 312, § 32. 
 
 93-94-54. 
 
 10. The duties of examiner of titles 
 under the land registry law are not 
 incompatible with the duties of pros- 
 ecuting attorney and the offices may 
 be held by the same person. Rem-Bal., 
 §§8818, 8823, 8887. 11-12:228, 13-14:157. 
 
 11. Whether special counsel shall as- 
 sist incoming prosecutor depends upon 
 the contract of employment. L. '05, 
 p. 50. 07-08:39. 
 
 12. Prosecuting attorney governed 
 by decisions of the county judge, but 
 not precluded from appeal. 99-00:207. 
 
 Compensation 
 
 13. County commissioners may fur- 
 nish the county attorney with an of- 
 fice located other than at the county 
 court house. Rem.-Bal., §§ 3862, 3970, 
 3979, 4478. 15-16:227. 
 
 14. Prosecuting attorneys not en- 
 titled to special compensation for 
 prosecuting or defending county ap- 
 peals to the supreme court. 01-02:15. 
 
 15. Prosecuting attorney may not 
 act privately as attorney in foreclo- 
 sure of delinquent certificate action. 
 P. C, § 8673. 09-10:98. 
 
 16. Prosecuting attorney's fee in de- 
 fault divorce cases: Repealed by L. 86, 
 p. 59. Hill, vol. 1, §3003. 07-08:240. 
 
 17. Prosecuting attorney not allowed 
 extra compensation for conducting 
 case in Federal court, in view ot 
 §§3961, 4065, Rem.-Bal. 13-14:52. 
 
 PUBIilC ACCOUNTANTS 
 
 (See Accountants.) 
 
 PUBIilC INSTITUTIONS, COMIMIS- 
 SIONER OP 
 
 Salary of commissioner of public in- 
 stitutions to be drawn against mainte- 
 nance funds of institution under man- 
 agement board of audit and control. 
 
 97-98:161. 
 PUBLIC LANDS 
 
 (See Harbor Areas; Land Commis- 
 sioner; Oysters; Schools, 9-12; Tide 
 Lands; Taxation, 132, 236, 237, 295.) 
 
 Sales, Leases and Contracts 
 
 1. Correction of conflicting awards 
 only for cause set forth. L. '95, ch. 178. 
 
 97-98:216. 
 
 2. Certificate of delinquency no de- 
 mand. 13-14:486. 
 
72 
 
 Digest of the Opinions of the Attorney General 
 
 PUBLIC liANDS — Continued 
 Sales, Leases and Contracts 
 
 3. Interest is computed on sale of 
 state lands from the time the contract 
 is actually sent to purchaser for exe- 
 cution, under % 6676, Rem.-Bal. 
 
 13-14:53. 
 
 4. Assessment to be made prior to 
 patent, after final proof. Rev. Act, §27. 
 
 01-02:315. 
 
 5. The Commissioner of Public Lands 
 cannot grant oil or gas leases for a 
 term longer than five years (§ 6794, 
 Rem.-Bal., and § 11 of enabling act in 
 conflict). 13-14:19. 
 
 6. When apparent confusion as to 
 parcels to be sold, sale not to be con- 
 firmed until decided by legislative ac- 
 tion. L. '89-'90, p. 173. 91-92:11. 
 
 7. Sale of undivided interest in state 
 lands not authorized. 97-98:213. 
 
 8. No deposit is required upon appli- 
 cation for lease to mine for oil or gas 
 under §§ 6681 and 6793, Rem.-Bal. 
 
 13-14:19. 
 
 9. Leaseholds in more than one sec- 
 tion of land cannot be lavirfuUy merged 
 in one person or company. 13-14:19. 
 
 10. The Commissioner of Public 
 Lands has power to require the filing 
 of a waiver of damages by the prior 
 agricultural lessee before granting to 
 another a lease for mining for oil or 
 gas on his lands. Rem.-Bal., § 6798. 
 
 13-14:19. 
 
 11. The Commissioner of Public 
 Lands has no discretion to grant or 
 deny a. lease for mining for oil or gas 
 to qualified applicants. Rem.-Bal., 
 § 6791 et seq. 13-14:19. 
 
 12. Pish commissioner no authority 
 to grant right-of-way to railroad over 
 state land. 01-02:385, 388. 
 
 13. Moneys received by State Treas- 
 urer on leases of state lands within 
 port districts cannot be paid to county 
 treasurers except pursuant to an ap- 
 propriation by the legislature. L. '13, 
 chs. 168, 169, 170. Const, art. VIII, § 4. 
 
 13-14:116. 
 
 14. "Breaking" in § 2134, Bal. Code, 
 defined as all breaking found on land 
 at time of appraisement. 03-04:285. 
 
 15. Lands subject to the board of 
 control cannot be leased for mining 
 
 purposes other than by the state land 
 commissioner. Bal. Code, §§ 2212, 2133. 
 L. '03, pp. 103, 113. 07-08:60. 
 
 16. State lands cannot be deeded in 
 compensation to one performing serv- 
 ice thereon for the state, but are only 
 to be disposed of by sale as provided. 
 Const., art. XVI, § 2.. 07-08 :65. 
 
 17. Land upon which there is an un- 
 expired contract of sale of timber 
 thereon is not subject to sale until 
 expiration of timber contract. L. '01, 
 p. 308, §128. L. '07, oh. 255. 07-08:77. 
 
 18. Forfeiture of state lands does not 
 result in abolishing accrued liens on 
 the contract interest as against the 
 state. 15-16:88. 
 
 19. Prior unexecuted contracts may 
 be foreclosed or extended by board of 
 land commissioners according to the 
 terms of such contracts. 93-94:42. 
 
 20. If necessity exist for overflowing 
 state lands, the board of land commis- 
 sioners has no discretion to deny 
 an application therefor. Rem.-Bal., 
 §§ 6828-6830. 13-14:404. 
 
 21. Lands sold prior to March 15, 
 1893 (§ 5, p. 387, L. '93), on deferred 
 payments become due after said date, 
 not within control of board of land 
 commissioners so long as contracts are 
 complied with. 93-94:42. 
 
 22. "Capitol building lands" are state 
 lands subject to mineral lease by Com- 
 missioner of Public Lands. §§ 6782, et 
 seq. Rem.-Bal. 11-12:355. 
 
 23. "Parcels" of state school lands 
 are contiguous legal subdivisions. 
 Rem.-Bal., § 6672-3. 15-16:90. 
 
 24. Sale of Federal lands improperly 
 made by the territory and not set 
 aside by the state vests proceeds there- 
 of in State Treasurer. 03-04:178. 
 
 25. Timber on state school lands to 
 be sold in parcels not exceeding 160 
 acres in area. Const., art. XVI, §§ 3, 4. 
 Rem.-Bal., §§ 6661, 6667-6673, 6672. 
 
 15-16:90. 
 
 26. An installment sale of state capi- 
 tol building lands, together with the 
 timber thereon, may be made without 
 exacting full payment for timber at 
 time of sale. L. '09, oh. 69, § 4. Const., 
 art. XVL §3. 13-14:181. 
 
 27. Sale of timber on capitol build- 
 ing lands from the land, where it ex- 
 
Digest of the Opinions of the Attorney General 
 
 73 
 
 PUBIilC liAJVDS — Continued 
 Sales, Leases and Contracts 
 
 ceeds more than one million feet to 
 the quarter section, is within the dis- 
 cretion of the state capitol commis- 
 sion. L. '11, ch. 69, §9. 13-14:181. 
 
 28. The writing in one mining con- 
 tract -of separate leases of state lands 
 for prospecting purposes, though all 
 held by the same person, is unlawful. 
 Rem.-Bal., §§6782-6790. 13-14:180. 
 
 29. A lessee of state lands remaining 
 in possession after expiration or sur- 
 render of his lease is liable for the 
 rental, which sum may be deducted by 
 the state from moneys realized on a. 
 sale of his improvements to a subse- 
 quent lessee or purchaser of the land. 
 
 13-14:501. 
 
 30. Relinquishment of public lands — ■ 
 exclusively a legislative function. 
 
 97-98:236, 97-98:120. 
 
 31. No voluntary conveyance can be 
 made to the United States by the state 
 of land for lighthouse purposes other 
 than as provided by statute. L. '89-'90, 
 p. 459. 03-04:111. 
 
 32. Judgment of superior court of 
 Thurston county conclusive as to 
 items of account therein. (Strobach 
 Judgment.) 97-98:229. 
 
 33. Moneys applied to subsequent 
 contract after reappraisement per- 
 mitted. 97-98:229. 
 
 34. Public lands not to be given or 
 donated for school purposes. 
 
 01-02:308. 
 
 35. County taxes on school lands re- 
 verting to the state on default of pur- 
 chaser not a lien on said lands. 
 
 97-98:228, 249, 251, 260. 
 
 36. School district as purchaser gov- 
 erned by procedure applicable to pri- 
 vate purchasers. 97-98:221. 
 
 37. Extension of time of payment — 
 commissioner has no discretion. L. '95, 
 §81, p. 561. 97-98:217. 
 
 38. The state is entitled to collect 
 the proper interest due upon past con- 
 tracts of sale where there has been a 
 mistalce in figuring the interest, even 
 though a, deed may have issued. 
 
 13-14:501. 
 
 39. The time for the payment of 
 principal and interest on contracts of 
 sale for state lands may be extended 
 
 beyond the date of maturity at the 
 discretion of the Commissioner of Pub- 
 lic Lands. Rem.-Bal., § 6676. 
 
 13-14:515. 
 
 40. Segregation of contracts for tha 
 sale of state lands may be granted 
 after an extension of time has been 
 given for payment of principal and in- 
 terest thereon, if such segregation is 
 such not to impair the state's security. 
 Rem.-Bal., §6680. 13-14:515. 
 
 41. Improvements made by a school 
 district on government land without 
 right pass to a subsequent patentee, 
 unless some element of estoppel inter- 
 venes. 13-14:332. 
 
 42. The "quarter section of land" 
 made the basis of a, minimum charge 
 for leases of public land refers to the 
 area and not to the descriptive legal 
 subdivision. Rem.-Bal., § 6794. 
 
 13-14:263. 
 
 43. Tax on defaulted public land con- 
 tract does not revive as to a subse- 
 quent purchaser. 01-02:296. 
 
 44. Time of notice of sale of public 
 lands specified. 01-02:282. 
 
 45. Deed of ten acres University of 
 Washington tract to United States not 
 to be placed in escrow until deposit of 
 consideration. 01-02:280. 
 
 46. Tax sale of interest in defaulted 
 public land contract vests in pur- 
 chaser. 01-02:268. 
 
 47. No recovery for improvements 
 under lease of public lands cancelled 
 for default in payments of rental 
 therefor. No recovery for improve- 
 ments in homestead on which final 
 proof is rejected. 01-02:206, 207. 
 
 48. Contract time on excavation of 
 water ways may be extended by Com- 
 missioner of Public Lands. 99-00:156. 
 
 49. Proceedings in the claim of John 
 Munroe to public lands in Whatcom 
 county. 99-00:151. 
 
 50. Execution sale of interest of pur- 
 chaser under public land contract not 
 binding on Commissioner of Public 
 Lands. 01-02:185. 
 
 51. Public land purchase contract not 
 assignable. 01-02:185. 
 
 52. On installment purchase of state 
 lands the interest only of the pur- 
 chaser is subject to assessment and 
 
74 Digest of the Opinions of the Attorney General 
 
 PUBLIC LANDS — Continued 
 Sales, Leases and Contracts 
 
 tax sale, which interest is entirely 
 eliminated under defaulted contract, 
 voiding a sale of such interest. 
 
 01-02:169. 
 
 53. Block 23, Grand View Addition to 
 City of EUensburg, is public land. 
 
 03-04:34. 
 
 54. Title of Leopold Menge and Aug- 
 ust Soetway to school lands in section 
 36, township 23, range 4 east, indicate 
 no void or unlawful transactions on 
 the part of the Commissioner of State 
 Lands. 99-00:216. 
 
 55. Auditor's sale or lease of public 
 lands a ministerial act only subject to 
 confirmation or rejection of Commis- 
 sioner of Public Lands. 99-00:213. 
 
 56. Lease of school lands for oil 
 prospecting not authorized. 01-02:15. 
 
 57. Money paid by mistake under 
 public land sale contract not to be 
 rebated by Land Commissioner. 
 
 01-02:15. 
 
 58. Improvements on forfeited school 
 land contract become property of the 
 state on forfeiture. L. '97, p. 236, § 12. 
 
 01-02:11. 
 
 59. Contract with R. B. Schram for 
 excavation of "city waterway" at Ta- 
 coma approved. 99-00:190. 
 
 60. Promissory notes given to a pub- 
 lic ofBcer on the purchase of public 
 lands cannot be made the subject of 
 an agreement to surrender same to the 
 maker upon the maker's default on 
 the contract. 03-04:55. 
 
 61. State realty may not be alien- 
 ated by the board of officers of a state 
 institution. 99-00:113. 
 
 62. Lessee's improvements on state 
 lands do not pass to successor in the 
 lease. 99-00:13. 
 
 63. Lessee and not the state the 
 proper plaintiff in proceedings to eject 
 trespasser from state leased lands. 
 
 99-00:13. 
 
 64. Commissioner has no authority to 
 readjust public leases during term of 
 rental. Rem.-Bal., §6681. 09-10:225. 
 
 65. Extension of time for removing 
 timber from public lands may be made 
 after expiration of flve-year period. 
 
 09-10:184. 
 
 66. Forfeiture of mineral lease de- 
 pendent on time of drilling. 01-02:384. 
 
 67. Cancellation of lease not war- 
 ranted by failure to construct building 
 as substantially as the terms thereof 
 require. 01-02:372. 
 
 68. Payments for extension of. time 
 for removing timber from state lands 
 to be credited to original purchase 
 fund. L. '07, p. 753. L. '09, p. 761. 
 
 09-10:41. 
 
 69. Commissioner not to sell land 
 containing more than one million feet 
 of timber to quarter section. 
 
 01-02:358. 
 
 70. Federal grant for educational 
 purposes may be sold for a sum per 
 acre which will equal with timber 
 price, $10.00. 01-02:358. 
 
 71. Confirmation of tax sale of pub- 
 lic land contract by judicial decree not 
 requisite. 01-02:333. 
 
 72. Lease of more than 640 acres of 
 state land by one person or corpora- 
 tion may be held by assignment. En- 
 abling Act, § 11. 01-02:313. 
 
 73. Assignment of lease lawful when 
 not prohibited in the instrument. 
 
 01-02:309. 
 
 74. "Nigger Tract" property in Ta- 
 coma held not to have escheated to the 
 state. 99-00:5. 
 
 75. Stone suitable for razor hones is 
 not "other mineral" within the act au- 
 thorizing lease of mining rights there- 
 for. Bal. Code, §2212. 07-08:30. 
 
 76. Difference of description does not 
 per se vitiate contract for the sale of 
 public lands. 07-08:18. 
 
 77. Method of determining time of 
 publication of notice of sale indicated. 
 
 07-08:164. 
 
 78. Charge for extension of time to 
 remove timber sold prior to 1907 of 
 $1.00 per acre legal. L. "01, p. 309, § 12. 
 L. "07, chs. 20, 256. 07-08:274. 
 
 79. Only one re-lease of public lands 
 under L '99, p. 77, § 1, permitted. 
 
 07-08:369. 
 '80. Jurisdiction to lease public lands, 
 so far as school and granted lands are 
 concerned, entirely in jurisdiction of 
 Commissioner of Public Lands. L. '07, 
 oh. 146. 07-08:35l! 
 
Digest of the Opinions of the Attorney General 
 
 75 
 
 PUBIilC liAIVDS — Continued 
 Sales, Leuses nnd Contracts 
 
 81. Mineral leases on state tide lands 
 may be executed by Commissioner of 
 Public Lands. 07-08:530. 
 
 82. State lands may be leased for re- 
 moving flre clay (mineral). 07-08:532. 
 
 83. Contract payments for school 
 land to be extended one year only. 
 Hill, vol. 1, § 2154. 93-94:4. 
 
 84. Patent issues to third purchaser 
 of one lot of a parcel of lots orig- 
 inally sold by the state In one certifi- 
 cate by indorsement in said certificate 
 of full payment for said one lot. 
 
 95-96:12. 
 Claims Against 
 
 85. Mere "squatters" have no claim 
 to shore lands of navigable lakes other 
 than as owners of improvements prior 
 to March 26, 1890. Const., art. XVII, 
 § 1. 07-08:49. 
 
 86. Street grade assessments cannot 
 be charged against contiguous state 
 tide lands. 03-04:227. 
 
 Contracts tor Work on 
 
 87. Notice of Commissioner of Pub- 
 lic Lands to contractors to cease work 
 exonerates contractor from liability. 
 
 97-98:234. 
 
 88. Shay's alleged contract for exca- 
 vation of Smith Cove explicitly repudi- 
 ated. 03-04:142. 
 
 Cominissloner, State Land 
 
 90. Clerical hire of state land com- 
 mission may be paid by voucher on 
 "expense of appraisement, sale and 
 lease of school," etc., "land." Tide 
 Land Act, March 16, 1897. 97-98:218. 
 
 91. Lands purchased by the state for 
 a military encampment are appropri- 
 ated to a particular purpose, and 
 hence beyond the jurisdiction of the 
 state land commissioners to grant a. 
 right-of-way thereover pursuant to 
 I 6832, Rem.-Bal. 13-14:39. 
 
 Deeds to 
 
 92. The statutory fee for issuance by 
 the Commissioner of Public Lands of 
 a deed to state lands is collectible, 
 though issued under a decree of court. 
 Rem.-Bal., §§ 6633 6637. L. '07, ch. 256, 
 §9. 13-14:325. 
 
 93. Governor of state not personally 
 responsible . for public land deeds 
 signed by him. 99-00:109. 
 
 94. Deed running to "The Fish Com- 
 mission and his successor in office" 
 conveys title to state. 99-00:62. 
 
 95. Deed to state not to contain re- 
 version clause. 09-10:53. 
 
 96. Deed to portion of land applied 
 for but improperly disclaimed by state 
 to Issue on correction of such dis- 
 claimer. 01-02:330. 
 
 Donations 
 
 97. All area within metes and bounds 
 of donation grant considered "upland." 
 
 93-94:73. 
 
 98. "Ordinary high water mark" rule 
 of state jurisdiction applies in spite of 
 meander line survey. 93-94:73. 
 
 99. Donation grants, patented by 
 United States and surveyed by metes 
 and bounds, are beyond jurisdiction of 
 the state. Const, art. XVII, § 2. 
 
 93-94:72. 
 
 Funds — Warrants — Proceeds of Sale 
 
 101. Moneys in the state shore land 
 improvement fund are not to be segre- 
 gated, but warrants issued against the 
 said fund are to be paid as warrants 
 against the general fund. D. '09, ch. 
 218, §§1, 3. 15-16:86. 
 
 102. General fund warrants payable 
 from tide land funds. L. '97, ch. 11. 
 
 97-98:119, 121. 
 Homestead 
 
 103. No certification of list of se- 
 lected United States lands to State 
 Auditor until status fixed by Secretary 
 of Interior. L. '91, p. 401, § 7. 
 
 91-92:208. 
 Indemnity nnd I/leu Lands 
 
 104. Salaries of agents selecting lands 
 may be paid from 1899 appropriation. 
 
 01-02:42. 
 
 105. Appropriation by railroad com- 
 pany entitles state to selection of in- 
 demnity lands in lieu. 91-92:137. 
 
 Minings Leases 
 
 106. Priority of coal declaratory 
 statement bars state's rights to land 
 claimed previous to statehood. 
 
 97-98:232. 
 
 107. Reserved mineral rights applies 
 to railroad right-of-way, same being 
 merely easements. L. '07, ch. 256, § 3. 
 
 07-08:329. 
 Overflowing State Lands 
 
 108. Corporations, duly authorized, 
 may back and hold water over land of 
 
76 
 
 Digest of the Opinions of the Attorney General 
 
 PUBLIC LANDS — Continued 
 Overflowing State Lands 
 
 State of "Washington. L. '07, ch. 125, 
 §§ 1, 2, 3. 07-08:428. 
 
 109. Water power plants, mining 
 companies, irrigation projects, etc., al- 
 lowed by statute to inundate state 
 lands do not include boom or logging 
 companies. Rem.-Bal., § 6828. 
 
 11-12:92. 
 Railroads — Rlglit-of-Way 
 
 110. Railroad right-of-way an ease- 
 ment only granted by Congress not ef- 
 fective for new rights-of-way subse- 
 quent to statehood. 91-92:137. 
 
 111. Northern Pacific Railway Com- 
 pany V. Stevens County bill in equity 
 examined and matter held for further 
 information. 99-00:96. 
 
 Reversion of Title to County Road 
 
 112. Title in county and city streets 
 on abandonment indicated. 95-96:30, 
 
 Survey 
 
 113. Commissioner of Public Lands 
 no authority to correct maps or rec- 
 ords. 01-02:376. 
 
 114. Rights of settlers prior to sur- 
 vey of sections 16 and 36 subsequently 
 determined to be school lands invali- 
 dated as against the state. 91-92:85. 
 
 115. Appropriation for the appraise- 
 ment of "school and other state lands" 
 does not include "tide lands." 
 
 95-96:38. 
 
 Scliool Lands' — Appraisement of 
 
 116. Expense of appraisement and 
 sale not an appropriation within the 
 constitution, but payable "out of any 
 moneys in the state treasury not 
 otherwise appropriated." 91-92:43. 
 
 117. Expense of appraisement solely 
 a charge against the state to be paid 
 for from funds appropriated by legis- 
 lature. 91-92:86. 
 
 118. Expense of commissioners as 
 appraisers may be proved to satisfac- 
 tion of State Auditor before allowed. 
 
 91-92:48. 
 Sale of 
 
 119. If river flowing through lands 
 granted for common school purposes Is 
 navigable, title to the bed and shores 
 passes to the state and the legisla- 
 ture may dispose of same by grant, but 
 if the river is not navigable the bed 
 and shore lands can be disposed ot 
 
 only in manner prescribed by law pur- 
 suant to constitutional provision. 
 
 13-14:15. 
 
 120. School lands cannot be dedicated 
 to a city for park purposes by mere 
 act of legislature. Hal. Code, §§ 2141- 
 48. Const., art. XVI, §2. 07-08:53. 
 
 121. Failure to publish notice of sale 
 does not invalidate sale in absence of 
 fraud. 91-92:35. 
 
 122. Relief of purchasers of school 
 lands recognized as valid claims for 
 money. L. '89, p. 449, | 4. 91-92:156. 
 
 123. Auditor's commission on sale of 
 school lands illegally retained. 
 
 91-92:40, 97-98:227. 
 
 124. Right-of-way over school land 
 not by condemnation proceedings 
 against state. 97-98:138. 
 
 125. Right-of-way over school lands 
 must be by legislative sanction and 
 for just compensation. 97-98:230. 
 
 Contracts of Purchase for 
 
 126. Payment of Installments before 
 due may be made without requirement 
 of the whole balance due. L. '89, p. 
 443, § 12. 91-92:194. 
 
 127. The assignment of a. one-half 
 interest in a school land contract ap- 
 proved by the State Land Commis- 
 sioner as required by § 6698, Rem.- 
 Bal., would entitle neither the original 
 purchaser nor his assignee to a deed 
 for his respective half interest until 
 the contract as a, whole was fully per- 
 formed. 13-14:71. 
 
 128. Payment of annual interest an 
 essential of valid extension of con- 
 tract. General Land Act, Mar. 16, 1897, 
 §28. 97-98:225. 
 Disposition of Proceeds of Sale 
 
 129. Rentals for lease of school lands 
 payable into county treasury up to 
 March 28, 1890. Act March 28, 1890,' 
 §!''• 91-92:97. 
 Lease of 
 
 130. Section 6796, Rem.-Bal., is obso- 
 lete and is to be disregarded. 
 
 13-14:19. 
 
 131. Waivers of damages by agricul- 
 tural lessee, while not necessary to be 
 executed with formalities required of 
 a deed, may be required by the Land 
 Commissioner to be aclcnowledged in 
 the manner of deeds. 13-14 19 
 
Digest of the Opinions of the Attorney General 77 
 
 PUBIilC LANDS— Continued 
 Lease of 
 
 132. Mining rights reserved to the 
 state In deeds of state lands are not 
 subject to lease for mining for oil or 
 gas as the legislature has made no 
 provision for this disposition. Rem.- 
 Bal., §6675. 13-14:19. 
 
 133. Lease of Improved lands may be 
 made regardless of ownership of such 
 Improvements. 91-92:45, 83. 
 
 134. Territorial leases of school lands 
 expired on admission to statehood. 
 
 91-92:25. 
 
 136. Commissioner of Public Lands 
 has no authority to execute lease for 
 school lands at less price than public 
 bid. 97-98:233. 
 
 136. Removal of improvements from 
 school realty permitted. 97-98:222. 
 
 137. No authority to expend state 
 monies for boundary fence between 
 state and school lands. 97-98:227. 
 
 PUBLIC SERVICE UTILITIES 
 
 (See Cities and Towns, 20-24; Taxa- 
 tion, 176; Telephones; Weights and 
 Measures, 4, 5.) 
 
 Public Service Commlaslon, Jurisdic- 
 tion of 
 
 1. Public service commission has no 
 Jurlsdictioij over county ferries. Rem.- 
 Bal., % 5013. 11-12:198. 
 
 2. Irrigation company operating ex- 
 clusively under contracts made prior 
 to the creation of the public service 
 commission is a public service corpo- 
 ration within the act. 11-12:174. 
 
 3. What constitutes "warehouse" and 
 "public warehouseman" within the act. 
 L. '09, § 137 (Grain Inspection Act). 
 
 09-10:168. 
 
 4. Commission no authority to order 
 connection of competing telephone 
 wires. 09-10:156. 
 
 5. Public service commission has no 
 jurisdiction over doclcs and wharves 
 used exclusively by passenger boats. 
 L. '11, ch. 117, §8. 15-16:193. 
 
 6. Valuation of properties not con- 
 nected with carrier service indicated. 
 L. '07, ch. 226. 07-08:436. 
 
 7. Public service commission has no 
 jurisdiction over county ferries. 
 
 11-12:198. 
 
 8. Railroad commission has jurisdic- 
 tion of public service lines regardless 
 
 of length of mileage. R. R. Com. Act, 
 '05, § 3. 07-08:28. 
 
 9. Launch with barge tow is one ves- 
 sel and subject as such to public serv- 
 ice commission law. 11-12:118. 
 
 10. Public service commission has 
 no jurisdiction over local carrier not 
 within the definition of a railroad. 
 
 11-12:243. 
 
 11. Public service commission to de- 
 termine as a, question of fact fur- 
 nishing of tanlc cars to shippers. L. 
 '11, ch. 117, §§11, 53. 11-12:165. 
 
 12. Public service commission has no 
 jurisdiction over private water use. 
 
 11-12:132. 
 
 13. Erection of warehouse for other 
 than storage purposes not a, transpor- 
 tation service obligatory on public 
 serviee corporation. 11-12:324. 
 
 . 14. Contract between a carrier and 
 a newspaper for exchange of service is 
 illegal as being "different compensa- 
 tion" within the act. P. S. Com. Law, 
 §18- 11-12:112. 
 
 Regulation — General — Railroads 
 
 Crossings, Etc. 
 
 15. Gasoline motor cars operated by 
 a. railroad are locomotives within the 
 act requiring headlights. L. '11, ch. 
 ll'^- 11-12:241. 
 
 16. Abandonment of public service 
 by a, common carrier dependent upon 
 its charter, franchise and extent of 
 public need it meets. 11-12:320. 
 
 17. Permanent highways crossing 
 railroad lines are to be constructed and 
 paid for according to plans and appor- 
 tionment of costs as made by public 
 service commission. L. '13, ch. 30. 
 
 13-14:190. 
 
 18. The state highway board has 
 power to contract with a railroad for 
 an apportionment of the expense of an 
 undercrossing subject to approval of 
 the public service commission. L '13 
 oh. 30, §§5. 7. 13-14:513. 
 
 19. The public service commission 
 cannot contribute to the cost of a rail- 
 road undercrossing except in case of 
 the elimination of an existing grade 
 crossing. L. '13, oh. 30, § 6. 13-14:513. 
 
 20. Where a, railroad constructs a 
 spur track connecting with a, main line 
 which it uses jointly with other com- 
 panies, it may be compelled to open 
 
78 Digest of the Opinions of the Attorney General 
 
 PUBLIC SERVICE UTILITIES — Cont. 
 Regulation — General — Railroads- 
 Crossings, Etc. 
 
 the spur to any shipper having no 
 other reasonable loading facilities at 
 that point, though the spur was ex^ 
 tended primarily for its own use and 
 is on its private land, if such land is 
 held for railroad uses. 13-14 ;91. 
 
 21. Interchange of passes between all 
 the common carriers enumerated in 
 the proviso of § 18, ch. 117, L. '11, Is 
 lawful. 13-14:148. 
 
 22. Use of other than electric head- 
 lights on any locomotives to be at 
 discretion of commission. 09-10:34. 
 
 23. Carriers are not prohibited from 
 granting credit to one and refusing it 
 to another. 11-12:355. 
 
 24. Crossing highway or another 
 railroad at grade requires consent of 
 railroad commission. 09-10:77. 
 
 Freight and Passenger Rates 
 
 25. Sheriffs and deputies are not "po- 
 licemen" within the provisions provid- 
 ing reduced transportation for such on 
 street railways. L. '11, p. 553. 
 
 11-12:222. 
 
 26. Churches are "beneficial" insti- 
 tutions authorizing allowance of re- 
 duced rates for lighting. L. '11, ch. 
 117, § 29. Rem. Code, § 8626. " 
 
 15-16:377. 
 
 27. Effects of minister of religion 
 may not be carried free. L. '07, p. 551, 
 §7. 09-10:245. 
 
 28. Steamboat companies are re- 
 quired to file schedule of rates and 
 charges for berths and staterooms be- 
 tween points in this state with the 
 public service commission. L. '11, ch. 
 117, § 14. 13-14:151. 
 
 29. Carrier may insist on furnishing 
 ice for refrigeration, if charges are 
 Just and reasonable and if there is no 
 provision in their tariffs granting 
 shippers or local ice dealers that privi- 
 lege. L. '11, ch. 117. 13-14:523. 
 
 30. Application of joint rates for new 
 line to be determined at hearing. 
 
 07-08:120. 
 
 31. Cliarge of ten cents extra for 
 ticlcets purchased oni the train not un- 
 lawful. L. '05, ch. 113, §1. 07-08:295. 
 
 32. Acceptance by shipper of car un- 
 der published tariff compelled to pay 
 
 in minimum stated therein. Op., Nov. 
 17, 1906. L. '97, p. 28. 07-08:301. 
 
 Electric Povrer Rates 
 
 33. Electric power company operat- 
 ing electric railway and selling elec- 
 tric power along its route to private 
 parties is under the jurisdiction of 
 public service commission in matter of 
 fixing rates and service to private con- 
 sumers, under terms of Laws of 1911, 
 ch. 117. 13-14:1. 
 
 34. Public service commission may 
 regulate rates of a tramway conducted 
 incident to the business of a ware- 
 house. L. '11, ch. 91. 11-12:243. 
 
 35. Discriminatory long and short 
 haul rates existing prior to public 
 service commission law, 1911, unlawful. 
 L. '05, ch. 81. 11-12:377. 
 
 Telephone Serviee 
 
 36. A telephone company is not au- 
 thorized to require a. trustee in bank- 
 ruptcy to pay the arrears of the bank- 
 rupt as a condition precedent to ren- 
 dering him service. 13-14:374. 
 
 Weights 
 
 37. Ten tons is the statutory mini- 
 mum carload of flour required to be 
 accepted by carrier. L. '97, p. 68, §3. 
 
 07-08:21. 
 
 38. Public service commission has no 
 power to compel carriers to accept 
 shippers' weights. L. '11, ch. 117. 
 
 11-12:236. 
 Restraint of Competition 
 
 39. A clause in a contract for fur- 
 nishing electric lighting providing that 
 the consumer shall use it to the ex- 
 clusion of all other forms of artificial 
 illumination is void. Const, art. 12, 
 §22. 13-14:566. 
 Municipal Utilities (Cities and Towns) 
 
 40. Public service utility may not 
 make a loan to another such utility 
 which may be insolvent. 15-16:379. 
 
 41. Public service utilities may not 
 benefit financially by the funds of 
 other such utilities. Rem.-Bal., §8348. 
 
 15-16:380. 
 
 42. Deposits of consumers of water 
 and light are trust funds and not as- 
 sets of the utility. 15-16:378. 
 
 43. Municipal public service utilities 
 are to charge at true and full values 
 between themselves. Rem.-Bal., §8348. 
 
 15-16:379. 
 
Digest of the Opinions of the Attorney General 
 
 79 
 
 PURE POOD LAW 
 
 (See Food Laws.) 
 
 PUYAIil-XJP RIVER COIUMISSIOiy 
 
 1. Member of Puyallup River Com- 
 mission not eligible for appointment- as 
 engineer in charge. 09-10:106. 
 
 2. Puyallup river improvements may 
 be extended beyond Pierce county. 
 
 09-10:111. 
 aUARANTIBTE 
 
 (See Animals, 1-6; Crimes, 11; In- 
 dians, 12; Schools, 294-296). 
 
 QUARRIES ROTARY FUND 
 FIdalgo Quarry 
 
 1. "Quarries Rotary Funds" may be 
 expended in the maintenance of the 
 Fidalgo quarry. D. '09, ch. 226. L. '11, 
 ch. 114. 07-08:30. 
 
 RAILROADS 
 
 (See Public Lands, 105, 107, 110, 111; 
 Public Service; Taxation, 133, 225, 238, 
 255, 256, 258, 264; Tide Lands, 26.) 
 
 Rl^ht-of-Way 
 
 1. Railroad bridges across navi- 
 gable streams may be constructed so 
 as not to interfere with navigation. 
 
 91-92:9. 
 
 2. Railroad right-of-way to be fenced 
 for the benefit of adjacent farms as 
 well as simply to prevent straying of 
 cattle. Rem.-Bal., §§ 8730, 8731, 8732. 
 
 11-12:291. 
 
 3. Railroad company right-of-way 
 lease may exempt company from lia- 
 bility for danger to lessee's warehouse 
 even by negligence of lessor's agents. 
 
 09-10:37. 
 Special Agents tor Railroad 
 
 4. Ch. 118, L. '15, authorizing ap- 
 pointment of special agents for the 
 protection of railroad property limits 
 the number of such agents but not the 
 extent of their jurisdiction. L. '15, ch. 
 118. 15-16:349. 
 
 RECEIVERS 
 
 (See Pees, 21.) 
 
 RED LIGHT LAW 
 
 (See Pees, 26.) 
 
 REFORMATORY 
 Mall of Inmates 
 
 1. The chaplain of the state reform- 
 atory may open the mail of the in- 
 
 mates if authorized so to do by the 
 board of managers. Rem.-Bal., §g 8579, 
 8582. 13-14:282. 
 
 2. Matron not to preside over male 
 department. 91-92:80. 
 
 Purchase of Land for Reformatory 
 
 3. Reformatory commission required 
 by the act to purchase site for cash 
 and not on terms. L. '07, ch. 167, § 2. 
 
 07-08:90. 
 
 REFORM SCHOOL 
 
 (See Schools, 113.) 
 
 1. Child released on parole to be re- 
 turned to his parents at their expense. 
 
 03-04:104. 
 
 2. Inmat.es to be less than sixteen 
 years old. 01-02:392. 
 
 3. "Manual traihing department" 
 may include printing plant for use of 
 board of control. L. '01, p. 125. 
 
 01-02:233. 
 REGENTS 
 
 (See University of Washington, 4.) 
 
 University and State College 
 
 1. Regents of state university are of- 
 ficers not liable to impeachment, hence 
 •femovable by the governor. Const., 
 art. 6, § 3. 97-98:124. 
 
 2. Warrant for treasurer of board of 
 regents not to be drawn when there 
 are no specific fund moneys on hand. 
 L. '91, p. 336, § 6. 93-94:69. 
 
 3. Board of regents of state college 
 is within the act of 1899, p. 156. L. '99, 
 P- 106. 99-00:58. 
 
 4. State superintendent is member 
 ex-officio of board of regents of Uni- 
 versity of Washington. 1 Hill's Code, 
 §936. 93-94:77. 
 
 5. Superintendent's appointees to 
 board of examination are "officers" re- 
 quired to take oath of county officers. 
 
 91-92:52. 
 
 6. State superintendent as trustee 
 of normal school ex-officio member 
 board of regents of University of 
 Washington, etc. — Duties are germane 
 to ofllce, hence constitutional. Const., 
 art. 3, § 22. 1 Hill's Code, § 392. 
 
 91-92:221., 
 
 REGISTRATION OP REALTY TITLES 
 
 (See Prosecuting Attorney, 10.) 
 Under L. '05, ch. 250, owners of realty 
 may have their titles registered with 
 the county auditor. L. '05, ch. 250. 
 
 07-08:132. 
 
80 
 
 Digest of the Opinions of the Attorney General 
 
 REGISTRATION OP VOTERS 
 
 (See Elections.) 
 
 RESTITUTIOIV, WRIT OF 
 
 ' (See Pees, 51.) 
 
 REVENUE STAMPS 
 
 (See Notary Public, 1.) 
 
 1. State treasurer's sight drafts on 
 county treasurers need no revenue 
 stamp. 97-98:313. 
 
 2. State warrants not subject to rev- 
 enue stamp. 97-98:315 
 
 REWARDS 
 
 (See Crimes, 48-52; Sheriffs, 4.) 
 
 ROADS 
 
 (See Highways.) 
 
 SAFE DEPOSIT BUSINESS 
 
 (See Trust Companies, 12.) 
 
 SALOONS 
 
 (See Elections, 65.) 
 No device whatever may be used to 
 obstruct view into saloons. 09-10:25. 
 
 SAVINGS AND IiOAN ASSOCIATION 
 
 (See Building and Loan Associa- 
 tions.) 
 Application of Contingent Funds 
 
 Contingent funds of a savings and 
 loan association may be applied to off- 
 set the depreciation of realty obtained 
 by foreclosure. L. '13, ch. 110, § 13. 
 
 15-16:376. 
 
 SCHOOLS AND SCHOOL DISTRICTS 
 
 (See Blind, School for; Indians, 7, 8; 
 Printing, State, 14; Public Lands, 116- 
 137; State College; University of Wash- 
 ington.) 
 
 I. Establishment, Scliool Funds and 
 Apportlonnient 
 II. Creation and Alteration of Dis- 
 trict 
 
 III. Government, Officers, and District 
 Meetings 
 
 IV. District Property, Contracts and 
 liiabllities 
 
 V. District Debt, Securities and 
 Taxation 
 VI. Claims Against District 
 VII. Teachers 
 VIII. Course ot Study, Pupils and Dis- 
 cipline 
 
 I. Establishment, School Funds and 
 Apportionment 
 
 Establishment 
 
 1. "Private school" within the act is 
 not a commercial, art or music school. 
 
 but similar to the common school. 
 
 Code Pub. Inst., § 22. 
 
 09-10:199, 03-04:58. 
 
 2. Duty of directors to maintain high 
 school in other than city and town dis- 
 tricts. 01-02:220. 
 
 3. Union school may be maintained 
 by two incorporated towns. L. '89, p. 
 378, § 61. 91-92:120. 
 
 4. Cheney Normal School. "For the 
 support of" defined in relation to ap- 
 propriation act. 91-92:133. 
 
 5. Obligation to provide for the sup- 
 port or education of dependents con- 
 stitutes "head of a family" within the 
 School Code. L. '91, p. 246, § 7. 
 
 91-92:162, 97-98:74. 
 
 6. Board of Education has authority 
 to accredit academy on basis of pro- 
 posed course of instruction. Code of 
 Pub. Inst., §139. 07-08:219. 
 
 7. A school district of the second 
 class does not automatically become 
 one of the first class by reason of the 
 advancement of the city within its 
 boundaries to the second class, but 
 must definitely organize as such. Rem.- 
 Bal., §4 16. 13-14:324. 
 
 8. Directors of school districts of the 
 first class are not authorized to es- 
 tablish schools or furnish teachers for 
 adult blind. Bem.-Bal., §§ 4509, subd. 
 ■4, 4484. 13-14:358. 
 
 School Lands 
 
 (See, also. Public Lands, School 
 Lands.) 
 
 9. Valuation of school land is com- 
 plete after review of assessment by 
 board of equalization. 99-00:166. 
 
 10. State is not liable for cost of 
 construction of a permanent highway 
 over school land. L. "13, ch. 154, § 4. 
 
 13-14:183. 
 
 11. School district property, on suffi- 
 cient showing of public necessity, may 
 be condemned for county road. 
 
 11-12:72. 
 
 12. School directors may not grant 
 the county right of way over school 
 lands without authorization of special 
 election. Rem.-Bal., §4664. 11-12:160. 
 
 13. Appropriation to grade school 
 grounds may not be used to grade and 
 pave abutting streets. 99-00:42. 
 
Digest of the Opinions of the Attorney General 81 
 
 SCHOOLS AND SCHOOL, DISTRICTS 
 — ^Continued 
 
 School Funds— Investment and Admin- 
 istration. 
 
 14. County treasurer cannot transfer 
 money from the bond redemption fund 
 of a school district to its building 
 fund in order to retire outstanding 
 warrants. Const., art. 7, § 5. Li. '11, ch. 
 80, § 2. 13-14:138. 
 
 15. Township bonds when regularly 
 issued are a, legal investment for the 
 state permanent school funds. Const., 
 art. 16, § 5, art. 8, § 6. Rem.-Bal., 
 § 9332. Rem.-Bal., Title 78, ch. 11-14. 
 
 13-14:468. 
 
 16. Subdivision 4, § 12, H. B. 352, de- 
 clared unconstitutional as diverting tax 
 funds from one purpose to another. 
 
 11-12:6. 
 
 17. State permanent school funds 
 may not be invested in bonds issued 
 by an irrigation district. Const., art. 
 16, § 5. 13-14:115. 
 
 18. School funds from whatever 
 source arising belong in current reve- 
 nue fund for the year in which re- 
 ceived. L. '95, ch. 21. 97-98:148. 
 
 Modified in 97-98:153. 
 
 19. School Code of 1897, when effec- 
 tive. An emergency act operative on 
 approval by the Governor. 97-98:73. 
 
 20. Investment of permanent school 
 fund in local school district bonds pro- 
 hibited. Const, art. 16, § 5. 93-94:44. 
 
 21. Investment of funds in drainage 
 district bonds prohibited. 07-08:225. 
 
 22. General school funds are not 
 available for the extraordinary ex- 
 pense of purchasing school buildings. 
 
 11-12:205. 
 
 23. School funds not to be invested 
 in state bonds when state indebtedness 
 exceeds constitutional limits. 
 
 99-00:40. 
 
 24. City bonds purchased for the 
 permanent state school fund. cannot be 
 repurchased by the city as an invest- 
 ment for its sinking fund. Rem.-Bal., 
 §5056. 13-14:435. 
 
 25. Investment of permanent school 
 funds in state bonds mandatory upon 
 executive. 99-00:66. 
 
 26. School funds not to be invested 
 In capitol building warrants. 03-04:66. 
 
 27. Notification to treasurer of school 
 fund investment. 97-98:231. 
 
 School Fund^Gencral 
 
 28. Teachers' wages payable out of 
 special fund, when. 07-08:429. 
 
 29. Money bequeated to general 
 school fund takes the characteristic 
 of that fund and is not available for 
 the extraordinary expense of purchas- 
 ing school buildings. Rem.-Bal., 
 §§4600,4602,4605. 11-12:205. 
 
 30. Vouchers for second and third 
 class school districts to be forwarded 
 to the auditor. 15-16:165. 
 
 Attendance for Purpose of Apportion- 
 ment 
 
 31. "Days' " attendance determinable 
 by actual attendance. Code Pub. Inst., 
 §285. 09-10:69. 
 
 32. Consolidated districts prior to 
 August, 1903, entitled to credit on ap- 
 portionment of 2,000 days' attendance 
 plus actual attendance. 03-04:165. 
 
 33. Only resident children to be ac- 
 credited to the district for purpose of 
 state apportionment. 99-00:74. 
 
 34. District with one high school pu- 
 pil attending common school of a 
 union district not sufl5cient to earn 
 high school apportionment. 03-04:167. 
 
 35. Apportionment on basis of an- 
 nual report of county superintendent 
 exclusively. 01-02:78. 
 
 36. Minimum of five months school 
 year necessary to earn state appor- 
 tionment. Code Pui). Inst., § 70. 
 
 03-04:289. 
 
 37. Kindergarten attendance is ex- 
 cluded in determining the apportion- 
 ment of state and county funds for 
 school purposes. Rem.-Bal., § 4739. 
 L. '09, oh. 97. Code Pub. Inst., ch. 3, 
 §§75-98. 13-14:226, 01-02:226. 
 
 38. The attendance at a normal 
 training school by pupils of a school 
 district does not entitle that district 
 to- count such attendance for- purposes 
 of school fund apportionment, although 
 two of the teachers are paid by the 
 district and the training school is un- 
 der the supervision of the city super- 
 intendent. Rem.-Bal., § 4564. 
 
 11-12:281, 13-14:255. 
 
 39. Union high schools refusing to 
 admit students from districts having 
 no high school will forfeit bonus pro- 
 vided by law. Rem.-Bal., §§ 4568, 4466, 
 **84. 13-14:295. 15-16:342. 
 
82 
 
 Digest of the Opinions of the Attorney General 
 
 SCHOOIiS AND SCHOOL. DISTRICTS 
 •^Continued 
 
 Attendance for Purpose of Apportion- 
 ment 
 
 40. For purposes of apportionment 
 credit should be given for attendance 
 at private schools regardless of grades. 
 L. '13, ch. IBS. Rem.-Bal., § 4567. 
 
 13-14:413. 
 
 41. Attendance at schools the work 
 of which corresponds to that of pub- 
 lic schools should be credited. L. '13, 
 ch. 158. Rem.-Bal., § 4567. 13-14:413. 
 
 42. Word "year" in subd. 2, § 776, 1 
 Hill's Code, defined as "ofBcial year." 
 
 95-96:16. 
 
 43. School districts failing to main- 
 tain at least five months' school not 
 entitled to state apportionment. Code 
 Pub. Inst., § 175. 07-08:222. 
 
 44. Resident pupils attending outside 
 school, not within "daily attendance" 
 of home district. Code Pub. Inst., § 22. 
 
 07-08:405. 
 
 45. Apportionment to normal schools 
 may be made on attendance prior to 
 act, and by certificate to county su- 
 perintendents direct. L. '07, ch. 97. 
 
 ' 07-08:331. 
 
 46. A continuous daily school ses- 
 sion of not less than four hours for 
 primary grades and five hours for 
 higher grades may be instituted by lo- 
 cal boards of directors in the absence 
 of contrary regulations by the superin- 
 tendent of public . instruction or the 
 state board of education, without los- 
 ing the right to apportionment of cur- 
 rent state school funds. 13-14:40. 
 
 47. For purposes of apportionment a 
 consolidated school district resulting 
 from one or more acts of consolidation 
 shall be credited with two thousand 
 days' attendance in addition to actual 
 attendance of each district less one in- 
 cluded in limits of same, under Rem.- 
 Bal., §4445. 13-14:32. 
 
 48. A district in which a high school 
 charges tuition loses its right to the 
 bonus allowed for high school attend- 
 ance, but does not otherwise forfeit its 
 apportionment rights. Rem.-Bal., 
 §§ 4564, 4568. 13-14:431. 
 
 Apportionment — Funds for 
 
 49. Moneys derived from liquor li- 
 censes are to be added to state appor- 
 tionment and distributed to the sev- 
 eral districts, as is the state appor- 
 tionment 03-04:85. 
 
 50. County apportionment lost 
 through negligence of superintendent 
 may be restored by state board. 
 
 01-02:417. 
 
 51. Basis for division of district 
 funds for the benefit of a new district 
 to be on number of children therein 
 at the time of formation rather than 
 at the time of division. 01-02:37. 
 
 E]ffect of Alteration of District 
 
 52. The transfer of one of the com- 
 ponent districts forming part of a con- 
 solidated district to a new consolidated 
 district carries to the latter a, right 
 to credit for 2,000 days' attendance. 
 Rem.-Code, §§ 4442, 4445. 13-14:479. 
 
 II. Creation and Alteration of Districts 
 Consolidation — Nature and Extent 
 
 53. Two contiguous districts, one 
 containing a city of ten thousand peo- 
 ple, cannot be consolidated. 03-04:94. 
 
 54. Effect of incorporation of the 
 town of Arlington on contiguous school 
 districts. L. '99, p. 21, § 2. 03-04:101. 
 
 55. Districts in different counties 
 may not establish union schools. 
 
 01-02:10. 
 
 56. Failure to maintain school in a 
 newly consolidated district would void 
 the action making the new district. 
 Rem.-Code, §§ 4429, 4430, 4701. 
 
 13-14:479. 
 
 57. A consolidated school district 
 may be united with another school dis- 
 trict to form a new consolidated dis- 
 trict under Rem.-Bal., §4440. 13-14:32. 
 
 58. On consolidating several school 
 districts the county school superin- 
 tendent has authority to eliminate one 
 of the districts petitioning for the con- 
 solidation, subject to appeal. Rem.- 
 Bal., §§ 4440, 4706-4713. 
 
 13-14:223,231, 91-92:167. 
 
 59. Superintendent may grant peti- 
 tion for consolidation of contiguous 
 districts in part only. 07-08:104. 
 
 60. District school may not be con- 
 solidated with local normal school. 
 
 11-12:281. 
 
 61. Status of directors on consoli- 
 dation of two districts making a popu- 
 lation of over 10,000 people (Belling- 
 ^^™)- 03-04:200. 
 
 62. Districts of different class can- 
 not be consolidated as such, but the 
 
Digest of the Opinions of the Attorney General 
 
 83 
 
 SCHOOLS AND SCHOOL DISTRICTS 
 
 — Continued 
 II. Creation and Alteration of Districts 
 
 Consolidation — Nature and Extent 
 
 territory may be made a district by 
 due process of law. Rem.-Bal., §§ 4448- 
 4459. 11-12:208 
 
 63. Consolidated school districts can- 
 not be so divided that portions thereof 
 will be non-contiguous. 11-12:130. 
 
 64. "Heads of families" in regard to 
 petitions for consolidation of school 
 districts defined. 97-98:74, 03-04:196. 
 
 Consolidation^Apportlonment on 
 
 65. The attendance bonus allowable 
 upon consolidation . of two districts 
 does not apply where a new district is 
 segregated from territory belonging to 
 two consolidated districts and the new 
 district is later united with one of the 
 original consolidated districts. Rem.- 
 Bal., §§ 4442, 4433. 13-14:224. 
 
 PoTvers of Officers 
 
 66. Control of superintendents and 
 boards as to changing boundaries, etc., 
 in formation of union high school dis- 
 tricts indicated. 03-04:48. 
 
 67. The directors of, a, consolidated 
 school district owning more than one 
 school house have authority to desig- 
 nate whether school shall be held in 
 one or more of such buildings. Rem.- 
 Bal., §§4522.4538. 13-14:452. 
 
 68. Territory containing children of 
 school age may not be transferred by 
 the action of the county superintend- 
 ent. Rem. '15 Code, §§ 4470, 4433. 
 
 15-16:353. 
 
 69. Order of county superintendent 
 refusing formation of new district may 
 be appealed to county commissioners. 
 Rem.-Bal., § 4707. 11-12:130. 
 
 Consolidation — Procedure 
 
 70. A petition for the consolidation 
 of school districts signed by five heads 
 of families is sufficient, although one 
 or more districts may be unrepresent- 
 ed by signers. Rem.-Bal., §§ 4440-4447. 
 
 13-14:231. 
 
 71. Mistake of description of bound- 
 ary of new district in petition correct- 
 Ible by superintendent. L. '91, p. 246, 
 §§ 7, 8. 91-92:196. 
 
 Consolidation — Depopulated Districts 
 
 72. Depopulated school district pu- 
 pils may not be daily transported to 
 adjoining schools, but such depopulat- 
 
 ed district must be consolidated with 
 such adjoining district. Rem.-Bal., 
 §4470. 11-12:100. 
 
 Disorganization and 'Withdraival 
 
 73. No statutory procedure for a. 
 unit of a union high school to with- 
 draw from the union. 07-08:207. 
 
 74. Where a school district is dis- 
 continued and its territory attached to 
 other districts under the provisions of 
 Rem.-Bal., § 4470, its property should 
 be equitably divided among such other 
 districts, pursuant to Rem.-Bal., 
 §4434, and its share of the school fund 
 apportionment be divided on the basis 
 provided by §4430. 13-14:69. 
 
 Adjustment of Pre-Bxlstingr Rights 
 and Liabilities 
 
 75. Contracts entered into by a dis- 
 trict prior to consolidation become the 
 obligations of the whole district. 
 
 07-08:147. 
 
 76. The property of a consolidated 
 district continues liable for indebted- 
 ness existing at the time of consolida- 
 tion. 07-08:147. 
 
 77. On a transfer of territory . from 
 one school district to another, the lat- 
 ter may be required to assume a pro- 
 portionate share of the indebtedness 
 of the former. Rem.-Bal., §§ 4434, 
 4435. 13-14:332. 
 
 78. A new school district created 
 after taxes become delinquent is en- 
 titled to all collections made within its 
 boundaries for use in the year of its 
 creation. Rem.-Bal., §§ 4429, 4430, 4488. 
 
 13-14:298. 
 
 79. To be divided equitably between 
 area left in the old and area incorpo- 
 ated in new district, proportionately to 
 taxable property therein. 91-92:159. 
 
 80. Merger of school districts merges 
 Indebtedness of each, to be paid by 
 uniform levy, and apportioned as indi- 
 cated. Rem. '15 Code, §§ 4431, 4432, 
 4434. ' 13-14:332. 
 
 81. On division of districts, superin- 
 tendents are not empowered to divert 
 funds to prejudice of bond creditors. 
 
 01-02:176. 
 
 82. All property of consolidated dis- 
 trict liable for bond indebtedness ac- 
 quired by a unit prior to such consoli- 
 dation. ' 03-04:234. 
 
 83. On division of a school district 
 that part retaining the property of 
 
84 
 
 Digest of the Opinions of the Attorney General 
 
 SCHOOIiS AND SCHOOL DISTRICTS 
 
 — Continued 
 Adjustment of Fre-exlstlng Rights and 
 
 lilabllltiea 
 
 the old district shall be liable for the 
 costs of such property. 99-00:201. 
 
 84. Old district remains liable for 
 debts and liabilities after accession of 
 new territory. Opinion July 5, 1904. 
 
 09-10:188. 
 
 Where Portion of District Detached 
 
 85. New district is liable for its pro- 
 portion of bonded indebtedness. L. '89, 
 p. 363, § 22. 91-92:187. 
 
 Organization of City School Districts 
 With Adjacent Territory 
 
 86. Status of school districts in ref- 
 erence to absorption Into municipal 
 corporations, etc., indicated. 99-00:167. 
 
 87. Annexation of Ballard to the city 
 of Seattle automatically extended the 
 jurisdiction of the latter's school 
 board. 07-08:147. 
 
 Consolidation — Classification 
 
 88. Consolidated districts are classi- 
 fied in the same manner as single dis- 
 tricts. Rem.-Bal., §4417. 11-12:216. 
 
 III. GoTernment, Officers and District 
 Meetings 
 
 County Boards and Officers 
 
 89. Status and qualification require- 
 ments of county superintendents un- 
 der law of 1899 indicated. 99-00:196. 
 
 90. "General Board" (Normal School 
 boards) of Ch. 107, L. '93, expressly 
 repealed by § 257, Code of Pub. Inst. 
 
 07-08:414. 
 
 91. Board has no eminent domain au- 
 thority. 07-08:210. 
 
 Officers — Salaries and Elxpenses 
 
 92. Counsel fees allowable for de- 
 fense of school directors in bona fide 
 but unauthorized proceedings. 
 
 01-02:297. 
 
 93. Trustee compensation act of 1893 
 repealed by School Code of 1897. 
 
 99-00:127. 
 
 94. Five cents per mile allowed 
 county superintendents. L. '97, p. 372, 
 §38. 97-98:94. 
 
 95. County board of education en- 
 titled to traveling expenses. 09-10:216. 
 
 96. Salary of superintendents not 
 payable from salary funds under Hill, 
 vol. 1, §3006. 93-96:13. 
 
 97. Funds of school district cannot 
 be used to pay expense of school di- 
 rectors in going to and from county 
 seat for the purpose of meeting with 
 the county treasurer to open bids for 
 bonds of district under § 1, ch. 88, L. 
 '11. 13-14:218. 
 
 Normal Schools 
 
 98. Board of trustees not entitled to 
 per diem for services. 99-00:59. 
 
 District Officers — Election and Qnallfl- 
 catlon 
 
 99. Appointee of superintendent holds 
 as against person elected but not qual- 
 ifying. 01-02:190. 
 
 100. "The election" in § 4474, Rem.- 
 Bal., held to be a general and not pri- 
 mary election. 11-12:276. 
 
 101. County superintendent elected 
 1900 takes office beginning first Mon- 
 day in August, 1901 — his successor 
 holds over until that time. Const., 
 art. XI, § 5. 01-02:3. 
 
 102. County superintendents elected 
 in the fall of 1902 take office on the 
 first Monday in September, 1903. 
 
 03-04:114. 
 
 103. Act of 1899 did not extend the 
 term of incumbent county superin- 
 tendents, but only of their successors. 
 L. '03, p. 171. 03-04:132, 140. 
 
 104. Officers of incorporated school 
 districts do not become members of 
 school board of city within which in- 
 corporated. § 66, p. 379, §§ 1 and 2, p. 
 386. L. 89-90. 91-92:23. 
 
 105. School directors of cities of the 
 fourth class subsequently consolidated 
 become directors of the consolidated 
 district. Rem.-Bal., § 4443. 11-12:216. 
 
 106. Where a vacancy exists in the 
 board of directors of a second class 
 district such vacancy is filled by the 
 county superintendent with the con- 
 currence of the other members of the 
 board. Rem.-Bal., §§ 4475, 4516. 
 
 13-14:436. 
 
 107. Three directors in new district 
 of second class shall be elected for 
 one, two and three years, respectively 
 Rem.-Bal., §§4514, 4515. 11-12:216! 
 
 108. ITaxpayer of county a suitable 
 party plaintiff in civil action against 
 school directors for malfeasance. 
 
 03-04:329. 
 
Digest of the Opinions of the Attorney General 
 
 85 
 
 SCHOOLS AND SCHOOL. DISTRICTS 
 — Continued 
 
 District Officers — Election and Quali- 
 fication 
 
 109. Director's resignation properly 
 placed with county superintendent. 
 
 03-04:330. 
 
 District Boards — PoTver to Contract 
 
 110. Quorum of directors of union 
 district necessary to employ teachers. 
 P. C, § 7286. 07-08:478. 
 
 Officers — General 
 
 111. School superintendent acting as 
 school clerk is an incompatibility of 
 offices within the law, vacating said of- 
 fice of superintendent. Op., vol. 1, p. 
 235. 01-02:256. 
 
 112. Superintendent of schools is a, 
 county officer elected and qualifying 
 as any other county officer. Const., 
 art. XI, §§5, 6. 07-08:31. 
 
 113. Member of board of trustees of 
 reform school may not be appointed 
 clerk of board of Institution. § 6, act 
 of March 28, 1890. 91-92:131. 
 
 114. Circulars of information to be 
 ordered at discretion of county super- 
 intendent. 01-02:304. 
 
 115. City superintendent has power 
 identical with county superintendents 
 in matter of city institutes. L. '07, ch. 
 163, §4. 07-08:165. 
 
 116. "School" as pertains to superin- 
 tendent's visit defined. Fee for visit- 
 ing. L. 89-90, p. 361, § 17. 
 
 91-92:81, 198. 
 
 117. Limitation of county superin- 
 tendent's visits to three times per an- 
 num. 91-92:228. 
 
 118. Teacher may not act as school 
 clerk. 01-02:256. 
 
 119. Duties of county treasurers as 
 ex-offlcio school district treasurers de- 
 fined. 99-00:92. 
 
 120. Mandamus will lie to compel 
 county superintendents to furnish nec- 
 essary school data to Superintendent 
 of Public Instruction. 99-00:82. 
 
 Blectlons (Registration of Voters) 
 
 121. Annual election is not vitiated 
 by insufficiency of time of notice. 
 
 11-12:10. 
 
 122. Registrants at any general elec- 
 tion may vote at school elections with- 
 out further registration. L. '97, p. 40, 
 356. L. '99, p. 317. 03-04:155. 
 
 123. County superintendents have 
 not authority to set aside a school 
 election for irregularity. 11-12:10. 
 
 124. Registration is not a prerequi- 
 site to vote at school elections of the 
 second and third classes. § 4667, et 
 seq. Rem.-Bal. L. '11, oh. 106-7. 
 
 15-16:223, 15-16:220. 
 
 125. Voters at school elections in pre- 
 cincts of less than 250 voters outside 
 city not to register. L. '97, pp. 418- 
 419. 97-98:279. 
 
 126. Elections in first-class school 
 districts outside the corporate limits 
 of a, city requires special registration. 
 
 15-16:220. 
 
 127. Tie vote for directors to be de- 
 cided by lot within ten days after elec- 
 tion; if not within that time the of- 
 fice is void. Code Pub. Inst, 155. 
 
 97-98:343. 
 
 128. Registration within a city quali- 
 fies to vote at a school election with- 
 out re-registration. L. '15, oh. 16. 
 §§ 4667-4685, inc. Rem.-Bal. L. '11, ch. 
 106-7. L. '11, oh. 106, §§ 1, 2. 
 
 15-16:220. 
 
 129. Provisions of § 153, Code of Pub. 
 Inst., 1897, apply to all voting pre- 
 cincts "where registration is provided 
 for. ' 97-98:75. 
 
 130. Voters outside incorporated city 
 to be separately registered under su- 
 pervision of county commissioners. 1 
 Hill, 448. 97r98:77. 
 
 131. School election is a special elec- 
 tion within the act. L. '93, p. 72, § 1. 
 
 97-98:78. 
 
 132. Registration for school election 
 in cities of less than 10,000 governed 
 by general election registration law. 
 Code of Pub. Inst., '97, § 153. 
 
 97-98:78. 
 
 133. Technical irregularities as to 
 time of opening and closing polls do 
 not invalidate election. 97-98:79. 
 
 Meetings 
 
 134. Special school meetings are self- 
 regulatory except that Vote must be by 
 ballots of given color and size. Rem.- 
 Bal., § 4664. 11-12:102. 
 
 135. "Mass meeting" of electors is 
 not a special election authorizing in- 
 debtedness in excess of statutory limi- 
 tation. Const., art. VIII, § 6. Rem.- 
 Bal., § 4488. 15-16:219. 
 
86 Digest of the Opinions of the Attorney General 
 
 SCHOOLS AND SCHOOL, DISTRICTS 
 — Coutinued 
 
 IV. District Property, Contracts and 
 Liabilities 
 
 School Buildings — Location and Pur- 
 chase of Site 
 
 136. County school superintendent 
 has not authority to condemn an in- 
 adequate school building. § 4475, Rem.- 
 Bal. 15-16:345. 
 
 137. "Permanent building" and 
 "steam heating plant" not expenses 
 for "current use and support" authoriz- 
 ing payment therefor from the general 
 fund. 03-04:171. 
 
 138. School properties may be "ad- 
 jacent" though separated by an inter- 
 vening street. Rem. Code, '15-, § 4522. 
 
 15-16:361. 
 
 139. Directors may not remove school 
 or change school house site without 
 sanction of the electors. 03-04:230. 
 
 140. Superintendent has no authority 
 to reject site of school house. 
 
 07-08:521. 
 
 141. Condemnation by city of school 
 house site for street determinable by 
 degree of public necessity. 07-08:371. 
 
 142. A Carnegie library building 
 constructed by a school district is the 
 property of the district and its value 
 should be included in the report and 
 records of assets of the district. 
 
 13-14:476. 
 
 143. Two-thirds vote necessary to 
 authorize new site. 01-02:304. 
 
 144. Proposition of school house site 
 may be submitted as often as there 
 are elections. P. C, §7271, subd. 5. 
 
 09-10:27. 
 
 145. Sale or purchase of school realty, 
 site and removal of school house to be 
 by direction of voters. L. '97, § 112, 
 
 99-00:67. 
 
 146. Purchase of a "portable school 
 house" is the "building" of a school 
 house within the act. L. '01, p. 378. 
 
 03-04:127, 135, 125. 
 
 147. After school site has been se- 
 lected by majority vote it cannot be 
 changed without two-thirds vote at 
 annual or special election. Rem.-Bal., 
 SI 4667-4683. 13-14:11, 
 
 148. Discretionary with board of di- 
 rectors whether they will call special 
 
 election for purpose of changing site. 
 
 13-14:11. 
 
 149. The purchase of an additional 
 school house site in a district of the 
 third class may be authorized by a 
 majority of the electors of the dis- 
 trict. Rem.-Bal., § 4538. 
 
 13-14:242. 
 
 150. A school house site for a dis- 
 trict of the third class duly selected 
 at an election therefor cannot be 
 changed except by a two-thirds vote 
 at an annual or special school elec- 
 tion. Rem.-Bal., §§ 4538, 4664. 
 
 13-14:304. 
 
 151. School district has no authority 
 of its own motion to erect new school 
 house. 03-04:230. 
 
 152. Sale of old school site and pur- 
 chase, of new on majority vote is not 
 authorized. L. '09, §§ 220, 345. 
 
 11-12:10. 
 
 153. Designation by directors of sites 
 to be voted on at a special school meet- 
 ing is not binding upon the electors. 
 Rem.-Bal., §§4665, 4666. 15-16:110. 
 
 154. Vote of a school district author- 
 izing the sale of school land cannot be 
 construed as power to select a new 
 school site without another election. 
 Rem. '15 Code, §§ 4538, 4664, 4481. 
 
 15-16:350. 
 Building — Sale of 
 
 155. Sale of old school building not 
 to be "on condition." 09-10:2. 
 
 Buildings — Bxtra Use ot 
 
 156. The board of directors may per- 
 mit school buildings to be used for 
 dancing, under their authority to facil- 
 itate the use of school property for 
 recreation, without the necessity of 
 approval by the board of supervisors. 
 L. '13, ch. 129. 01-02:281, 13-14:296. 
 
 157. Board of trustees may use gen- 
 eral maintenance fund for improving 
 a rented students' boarding house. 
 § 216, Code P. I., 1897. 03-04:103. 
 
 158. Trustees of state normal school 
 have power to insure buildings under 
 §4363, Rem.-Bal. 13-14:74. 
 
 159. May not be used for dances. 
 Subd. 11, § 50, Code Pub. Inst. 
 
 01-02:281. 
 
 160. School property may be insured 
 in local mutual Are insurance com- 
 panies. L. '03, p. 175. 03-04-267 
 
Digest of the Opinions of the Attorney General 
 
 87 
 
 SCHOOLS AND SCHOOL DISTRICTS 
 
 — Continued 
 School Books 
 
 161. Free text books to be furnished 
 upon vote of the district. 01-02:337. 
 
 162. Total average exchange price 
 on text books not to exceed one-fifth 
 total average price theretofore prevail- 
 ing. 99-00:149. 
 
 163. Text book commissioners to be 
 appointed at any time after taking 
 effect of act of 1901. 01-02:214. 
 
 164. Text books selected by a school 
 district when of the second division 
 must be used by it after it has be- 
 come a district of the first division un- 
 til five years have elapsed from time 
 they were adopted, under Rem.-Bal., 
 § 45S8, but supplementary books may 
 also be adopted pursuant to Rem.- 
 Bal., § 4585. 13-14:48. 
 
 165. Text book may be purchased 
 from "maintenance" and "library" 
 funds of Cheney Normal School. 
 
 01-02:87, 233. 
 
 166. Text books for union high 
 schools within the first division of 
 school districts are to be selected by 
 the text book commissioners. Rem.- 
 Bal., §4584, 4585. 05-06:33, 13-14:48. 
 
 167. Uniform text books for high 
 schools may be adopted and contract- 
 ed for. School Code, L. '97, § 105. 
 
 97-98:80. 
 
 168. Limitation of price not appli- 
 cable to books contracted for in fu- 
 ture. School Code '97, p. 49, § 105. 
 
 97-98:82. 
 
 169. Contract for text books for 
 given period cannot be abrogated by 
 subsequent legislation. 91-92:8, 52. 
 
 170. Board of education not to adopt 
 any text books save on an exchange 
 agreement with the publishers. L. '89, 
 p. 352, §8. 91-92:20. 
 
 171. General and not special elec- 
 tions requisite for submitting question 
 of free text books. 11-12:56. 
 
 172. Text books may be adopted at 
 any time to cure omission limited to 
 date of next general adoption. L. '07, 
 §292. 07-08:308. 
 
 Supplies and Equipment — Purcjiase of 
 
 173. Stationery supplies, etc., may be 
 purchased by county superintendent. 
 
 01-02:304. 
 
 174. Installment purchase of school 
 equipment where total cost if in cash 
 would exceed year's revenue illegal. 
 
 07-08:510. 
 Contracts — Po^ver Generally 
 
 175. An existing valid contract en- 
 tered into by a, school district with a 
 public service company would not be 
 invalidated by the subsequent election 
 of a stockholder of the company as a 
 director of the school district. Rem.- 
 Bal., § 4487. 13-14:495. 
 
 176. Contract between Prof. F. J. 
 Barnard and Seattle school board ap- 
 nroved as valid. 99-00:17. 
 
 177. Sales of real estate of second- 
 class school districts to be for cash 
 and not on terms. Rem.-Bal., § 4522. 
 
 15-16:155. 
 
 178. State Auditor no power to review 
 valid school supply contracts. 
 
 97-98:67. 
 
 179. School board may corporately 
 refuse to perform contracts entered 
 into by the members thereof sepa- 
 rately. 11-12:385. 
 
 Contracts — Individual Interest of Of- 
 ficers 
 
 ISO, County superintendents may not 
 be pecuniarily interested in purchase 
 of school furniture. 01-02:174. 
 
 181. Directors may not furnish sup- 
 plies to the school, nor receive com- 
 pensation for repair and construction 
 work on school buildings. 07-08:27. 
 
 182. Directors' children cannot be 
 employed as school janitors. Rem.- 
 Bal., §4487. 07-08:27. 
 
 183. Director or stockholder in water 
 supply company is "interested" within 
 the prohibition. 91-92:26. 
 
 184. School director may not be 
 school janitor. 03-04:143. 
 
 185. Employment of directors as 
 school physician an "interest", within 
 the prohibition. 91-92:28. 
 
 186. Employment of minor child of 
 school director by the district is a 
 "beneficial interest" within the prohi- 
 bition. Rem.-Bal., §2334. 11-12:284. 
 
 187. Clerk of district, who is also a 
 director, may not be employed by the 
 district at other than his official duty; 
 Rem.-Bal., §§4542, 4487. 11-12:196. 
 
 188. Directors' children may not be 
 employed as school janitors if such 
 
88 Digest of the Opinions of the Attorney General 
 
 SCHOOLS AND SCHOOL. DISTRICTS 
 — Continued 
 
 Contracts — Individual Interest of Of- 
 ficers 
 
 employment affects the directors' of- 
 ficial duty. Op., April 15, 1911. 
 
 11-12:108. 
 
 A.ctlons Against School Property 
 
 189. County may plead statute of 
 limitations in action against it to re- 
 cover escheated property. Hill, vol. 2, 
 p. 36, §114. 97-98:131. 
 
 Claims Against Contractor 
 
 182. Board to obtain release of claims 
 against school contractor or retain 
 funds until settlement among claim- 
 ants themselves. 97-98:67. 
 
 183. Claims against contractor on 
 New Whatcom normal school building 
 to be paid pro rata. Overruled: Fair- 
 haven Land Co. v. Cheetham, 17 Wash. 
 131. 97-98:146. 
 
 V. District Debt, Securities and Tax- 
 ation 
 Debts — Nature and E^xtent In G'eneral 
 
 184. May not borrow in excess of 
 constitutional limit. 01-02:416. 
 
 185. Districts of first class only al- 
 lowed to employ attorneys. 09-10:129. 
 
 186. A school board cannot contract 
 indebtedness for the erection of a 
 building in anticipation of a future tax 
 levy. Rem.-Bal., § 4488. 13-14:264. 
 
 187. Five per cent limitation applies 
 to all indebtedness bonded as well as 
 "current and unfunded." 97-98:83. 
 
 188. Indebtedness to amount not ex- 
 ceeding 1% per cent of taxable prop- 
 erty without vote; with vote, 5 per 
 cent. 97-98:141. 
 
 189. Directors have no authority to 
 assume liabilities in excess of appor- 
 tionment. L. '93, ch. 59, § 3. 93-94:52. 
 
 190. School levy, four-mill limitation, 
 repealed by § 74, D. '91, p. 309. L. '91, 
 p. 253, §16. 91-92:127. 
 
 Debt — Nature and Bxtent — School and 
 Other Buildings 
 
 191. When special circumstances may 
 justify an excess of the constitutional 
 five per cent limitation expenditure 
 for school building indicated. Li. '03, 
 p. 311. 03-04:97. 
 
 192. Mere district vote to build a 
 school house is not the "special elec- 
 tion" authority to exceed available 
 present funds for that purpose. Rem.- 
 Bal., §§ 4664, 4488. 11-12:302. 
 
 193. Addition to a school house re- 
 quires the vote of the district. Bem.- 
 Bal., §§4481, 4538. 15-16:149. 
 
 194. Building funds within the ten- 
 mill limit may be accumulated for fu- 
 ture years by a school district of the 
 third class. Rem.-Bal., | 4537. 
 
 11-12:383, 13-14:264, 15-16:320. 
 
 195. Recreation halls may be erected 
 and maintained in second class school 
 districts. L. '13, ch. 129. 15-16:269. 
 
 196. District cannot construct home 
 for residence of teacher. 01-02:251. 
 
 Nature and Kxtent — School Library 
 
 197. Boolcs for a school library of a 
 third class district may be purchased 
 without the approval of the county su- 
 perintendent. Rem.-Bal., § 4532. 
 
 15-16:258. 
 
 198. School library trustees should 
 malce annual report to the board of 
 county commissioners, but a failure to 
 malte such report will not affect the 
 levying of library taxes. Rem.-Bal., 
 §6976. 13-14:476. 
 
 District Expenditures — Cost of Insti- 
 tute and Miscellaneous Expenses 
 
 199. Audit of teachers' institute ex- 
 pense bills to be by county superin- 
 tendent. 01-02:115. 
 
 200. School directors are authorized 
 to expend funds for rent of suitable 
 room or hall in which to hold com- 
 mencement exercises. Rem.-Bal., §4481. 
 
 11-12:97, 13-14:448. 
 
 201. Expense of fumigating school 
 partly within an Incorporated city is 
 to be borne by such city. Rem.-Bal., 
 §§ 5544, 5549. 11-12:283. 
 
 202. Funds for county institute and 
 the expenditure thereof indicated. 
 Rem.-Bal., §§4575-4583. 11-12:209. 
 
 203. Institute funds are properly sub- 
 ject to expense of institute lectures 
 from institutions of higher learning, 
 other than normal school principals. 
 Rem.-Bal., § 4366. Op., Feb. 13, 1912. 
 
 11-12:217. 
 
 204. Directors have no authority to 
 pay special expenses of hall for use of 
 visiting athletic team. 11-12:272. 
 
Digest of the Opinions of the Attorney General 
 
 89 
 
 SCHOOLS AXD SCHOOL, DISTRICTS 
 
 —Continued 
 District Expenditures — Cost of Institute 
 
 and Miscellaneous Ejxpenses 
 
 205. School boards of second and 
 third class districts are authorized to 
 expend school funds for gymnasium, 
 swings, etc., under § 4539-1, vol. 3, 
 Rem.-Bal., ch. 129, L. '13, subject to 
 the approval of the board of super- 
 visors. 15-16:65. 
 
 206. School directors are not author- 
 ized to expend funds for speakers, etc., 
 at commencement exercises. 11-12:97. 
 
 Bonds 
 
 207. Union high schools no author- 
 ity to issue building bonds. 01-02:356. 
 
 208. Property of a bonded district 
 may be transferred to another district 
 subject to statutory distribution of in- 
 debtedness. Op., Jan. 16, 1904. 
 
 03-04:23-6. 
 
 209. Joint-district bonds to be flg- 
 ured on basis of all the taxable prop- 
 erty in such district. L. '07, ch. 101. 
 
 09-10:20. 
 
 210. Status of bond indebtedness of 
 an original district subsequently de- 
 pleted by transfer of territory. 
 
 03-04:272. 
 
 211. Union high school a district 
 within the act empowering to vote 
 bonds. Code Pub. Inst, p. 76, § 288. 
 
 09-10:209. 
 
 212. Consolidated district may vote 
 bonds, though one of such districts 
 consolidated has reached its limit. L. 
 '09, p. 264, §5. 09-10:209. 
 
 213. School bonds not to be sold at 
 less than par. L. '97, p. 403, § 120. 
 
 03-04:96. 
 
 214. Valid bond issue requires that 
 proceedings show board resolution 
 calling special election. 03-04:23. 
 
 215. Upon vote of electors as pre- 
 scribed by § 4538, Rem.-Bal., a third 
 class school district w^ould have au- 
 thority to use the money raised by 
 sale of bonds for the purchase of an- 
 other site than that submitted to the 
 voters on the bond election. 13-14:11. 
 
 216. Neither the state board of fi- 
 nance nor the State Treasurer has any 
 authority to permit the redemption of 
 school district bonds before the end of 
 one year from the date of their issu- 
 
 ance when the bonds provide for the 
 payment in such manner. L. '07, ch. 
 12. 13-14:266. 
 
 217. Validity of bonds issued and 
 sold for purpose of purchasing school 
 site can in no way be affected by sub- 
 sequent action of officers or electors 
 of the district. 13-14:11. 
 
 218. School districts' bonds are re- 
 deemable before maturity only in ac- 
 cordance with such option as may be 
 expressed upon their face. L. '09, ch. 
 97, subd. 10, §1. Rem.-Bal., § 4609. Rem.- 
 Bal., § 4613 as amended by L. '11, ch. 88. 
 
 13-14:235. 
 
 219. District boundary not to be 
 changed so as to release a portion 
 from bonded indebtedness of the 
 whole. 97-98:84. 
 
 220. Exchange of old bonds for new 
 without special election authorized. 
 Code Pub. Inst, for 1897, § 121. 
 
 97-98:87. 
 
 221. County superintendents have 
 legal capacity to initiate restraint pro- 
 ceedings of payment of illegal war- 
 rants. 11-12:286. 
 
 222. Districts may issue new bonds 
 to refund previous bond indebtedness, 
 paying same off in cash, and not trad- 
 ing par for par. Rem.-Bal., §§ 4607, 
 4617. 11-12:307. 
 
 223. Special election not necessary to 
 validate refund bond issue to take up 
 prior bond issue. 11-12:307. 
 
 224. School districts are not author- 
 ized to issue bonds upon validation of 
 indebtedness prior to making levy pro- 
 vided for in § 4629, Rem.-Bal. Rem.- 
 Bal., §§ 4622, 4626, 4627, 4628, 4629. 
 
 15-16:147. 
 
 225. Interest on bonded Indebtedness 
 is not an application to "current use 
 of the common school" justifying pay- 
 ment from school fund. Hill, vol. 1, 
 §§815-817. 93-94:83. 
 
 226. County commissioners are au- 
 thorized to create a sinking fund for 
 bond payments without special elec- 
 tion of the district. L. '11, ch. 88, § 2. 
 Rem.-Bal., §4521. 11-12:124. 
 
 227. Sinking fund not subject to con- 
 tribute to bond payments on current 
 expense levy. 07-08:404. 
 
 . 228. Special tax levy to pay interest 
 on school district bonds to be credited 
 
90 
 
 Digest of the Opinions of the Attorney General 
 
 SCHOOLS AND SCHOOL DISTRICTS 
 
 — Continued 
 Bonas 
 
 to bond redemption fund. L. '11, ch. 8, 
 §2. 11-12:257. 
 
 229. Interest on bonds in favor of 
 permanent school funds under act of 
 March 8, 1899, not to be paid by war- 
 rant on treasurer in absence of appro- 
 priation. 99-00:100. 
 
 School Taxes — Levy and Assessment 
 
 230. Failure of county commission- 
 ers to levy a library tax after a, school 
 district notice of necessity may be 
 cured by a subsequent levy, and ' ex- 
 tension made as on regular rolls. Kem.- 
 Bal., § 6973. 13-14:476. 
 
 231. Board of directors and county 
 commissioners Jointly to make school 
 levy. 09-10:71. 
 
 232. Rate of mill levy applicable at 
 time of malcing of levy by the com- 
 missioners to govern, and not date of 
 assessment. 99-00:97. 
 
 233. "Scientific school fund" desig- 
 nated. 01-02:116. 
 
 234. Scientific school fund — appro- 
 priation for. 01-02:353. 
 
 235. The school tax in districts of 
 the second class is levied by the 
 county commissioners, not by the di- 
 rectors of the school district. L. '09, 
 chs. 97, 138. D. '11, chs. 79, 88. 
 
 13-14:243. 
 
 236. Levy of ten mills without special 
 election valid. L. '07, ch. 163, § 5. 
 
 07-08:195. 
 
 237. "Public money" in § 115, Code of 
 Pub. Inst., defined. 07-08:157. 
 
 238. Act of 1897 not retroactive to af- 
 fect contracts entered into under act 
 of 1895 pledging anticipated revenues. 
 
 97-98:86. 
 
 239. "Warrants of school district can- 
 not be issued on indebtedness in an- 
 ticipation of a levy, except after elec- 
 tion authorizing such levy. Rem.-Bal., 
 § 4488. 15-16:149, 13-14:264. 
 
 240. Three-mill levy in § 4629, Rem.- 
 Bal., to be in addition to ten-mill levy 
 for current expenses without the spe- 
 cial election in § 4537, Rem.-Bal. 
 
 16-16:147. 
 
 241. County commissioners have no 
 authority to reduce the estimates of a 
 
 district 
 § 4537. 
 
 school board. 
 
 Rem.-Bal., 
 1S-16:170. 
 
 242. County officers no authority to 
 levy on school district for interest on 
 bonded indebtedness where directors 
 fail to do so. Act of March 19, 1890, 
 §5. 95-96:46. 
 
 243. Failure of voters to validate in- 
 debtedness restores status quo before 
 such election. L. '95, ch. 21, % 2. 
 
 95-96:18. 
 
 244. School election to validate a 
 levy made in excess of ten mills is not 
 authorized. Rem.-Bal., § 4521. 
 
 15-16:252. 
 
 245. School districts have no author- 
 ity, except by special election, to ex- 
 ceed the one per cent assessed valua- 
 tion to cover excess expenditures. 
 Rem.-Bal., § 4521. 11-12:124. 
 
 246. Levy not to exceed ten mills 
 authorized. 07-08:441. 
 
 247. "Current year" defined as tax 
 year extending from March to March. 
 School Code, §116. 99-00:74. 
 
 248. Transfer of individual's prop- 
 erty from one school district to an- 
 other does not subject to double taxa- 
 tion. 03-04:321. 
 
 Warrants, Orders and Certificates of 
 Indebtedness 
 
 249. No statutory period for cancel- 
 lation of school district warrants. 
 School Code, § 239. Op., Dec. 23, 1903. 
 
 09-10:186. 
 
 250. "Warrants not to be issued in ad- 
 vance for expenses about to be in- 
 curred. 99-00:90. 
 
 251. Interest on normal school war- 
 rants not to be paid without auditor's 
 warrant therefor. 99-00:123. 
 
 252. Moneys from whatever source 
 received belonging to current revenue 
 of year of 1895 applicable to warrants 
 issued in anticipation of that revenue. 
 
 97-98:76. 
 
 253. Special levy of each year not to 
 be distinguished from other special 
 levies as to payment of warrants 
 drawn against same. 1 Hill, § 818. 
 
 97-98:144. 
 
 254. Districts have implied power to 
 issue warrants against a "building 
 fund", for erection of school houses. 
 Rem.-Bal., §§ 4664, 4488. 11-12:205, 383. 
 
Digest of the Opinions of the Attorney General 
 
 91 
 
 SCHOOliS AND SCHOOL DISTRICTS 
 
 — Continued 
 'Warrants, Orders and Certificates of 
 
 Indebtedness 
 
 255. County auditors are the issuing 
 ofBcers of school warrants of the sec- 
 ond or third class, who must also fix 
 the rate of interest thereon. Rem. 
 Code, § 6254. Rem. '15 Code, § 3927-1. 
 
 15-16:334. 
 
 256. Sections 4 and 5, L. '99, p. 128 
 (■§ 5703-4, P. C), control interest on 
 school warrants. 07-08:381. 
 
 257. Reduction of interest on county- 
 warrants by commissioners does not 
 reduce interest on school district war- 
 rants. Rate of interest on warrants 
 so reduced. 97-98:274. 
 
 Reversed, 97-98:286. 
 
 Scbool Taxes — Assessment and Collec- 
 tion on Change of Boundaries 
 
 258. A new school district created 
 from old districts is entitled to its 
 share of taxes for the current year, 
 whether delinquent or not at the time 
 of its creation. Rem.-Bal., §§ 4429, 
 4430, 4488. 13-14:298. 
 
 Disposition of Taxes 
 
 259. Disposition of school funds not 
 controlled by year of levy. L. '93, 
 p. 365, § 25. 95-96:15. 
 
 VI. Claims Against District 
 Assigrnment of 
 
 260. Claims against county or school 
 districts may be assigned. Rem.-Bal., 
 §3918. 15-16:165. 
 
 VII, Teachers 
 Qualification 
 
 261. Section 802 act of March 7, 1891, 
 does not affect rights of normal school 
 graduates to teach, on ground that 
 general provision will not be held to 
 repeal a gpeoial provision. Hill, vol. 1, 
 §938. 91-92:223. 
 
 262. The law authorizing the secur- 
 ing of credits on one or more subjects 
 in taking teachers' examinations ap- 
 plies only to holders of common school 
 certificates. Rem.-Bal., § 4635. 
 
 13-14:162. 
 
 Certificate or License — In General 
 
 263. Teachers' life diploma not a 
 vested right under act of 1886, since 
 repealed. 01-02:369. 
 
 264. Certificates issued under % 141, 
 Code Pub. Inst., on various diplomas 
 
 not invalidated by amendment estab- 
 lishing "accredited" institutions. 
 
 03-04:116. 
 
 265. Diploma fee of $1.00 collectible 
 from normal school graduate. 
 
 09-10:78. 
 
 266. Examination in state school law 
 and constitution before the county su- 
 perintendent prerequisite to common 
 school certificate. 03-04:309. 
 
 267. One entitled to a life certificate 
 under the territorial law but never 
 applying therefor is not entitled ex 
 debito to life certificate under state 
 law. 99-00:7. 
 
 268. Renewal of first and second 
 grade certificates held to be but "one" 
 renewal. Code of Pub. Inst., L. '.97, 
 §144. 01-02:214. 
 
 269. One engaged in teaching after 
 the expiration of a valid teacher's cer- 
 certificate loses the benefit of credits 
 gained on prior examinations accorded 
 to a teacher actively engaged in edu- 
 cational work. Rem.-Bal., §§ 4635, 
 4547. 13-14:497. 
 
 270. County superintendent has no 
 authority to issue temporary certificate 
 to applicant failing to pass examina- 
 tion. 07-08:36. 
 
 271. First grade primary certificates 
 are inferior to the regular first grade 
 certificate. 07-08:74. 
 
 272. Terms of teaching outside of 
 state to be credited as if within the 
 state. L. '95, ch. 147, § 2. 95-96:54. 
 
 273. Diploma or certificate fees are 
 to be remitted to the place where the 
 recipient is to teach, if ascertained 
 within thirty days, if not, then to the 
 place of the residence of the recipient. 
 Rem.-Code, §4632. 15-16:180. 
 
 274. Credits in teachers' certificates 
 not acceptable in lieu of actual normal 
 school credits. 03-04:129. 
 
 275. Life, diplomas from University 
 of Washington normal department 
 valid on registry in county of employ- 
 ment. 01-02:263. 
 
 276. Life diploma may issue if ap- 
 plied for within a reasonable time after 
 the expiration of a term diploma. L. 
 '99, p. 325. 03-04:243. 
 Certificate — Revocation 
 
 277. No statutory procedure to com- 
 pel revocation of temporary certificates 
 unlawfully granted. 07-08:36. 
 
92 Digest of the Opinions of the Attorney General 
 
 SCHOOLS AND SCHOOL, DISTRICTS 
 
 — Coutinued 
 Certificate — Revocation 
 
 278. Revocation of license for "any 
 cause" may be made by county super- 
 intendent for violation of any of the 
 lawful duties of the teacher. L. '89, 
 ch. 12, § 11. 91-92:209. 
 
 279. State superintendent to be sole 
 judge of weight of testimony in re- 
 vocation of certificate for failure to , 
 attend institute. 05-06:191. 
 
 280. Appeal from action of county 
 superintendent revoking certificate to 
 be by affidavit. 91-92:209. 
 
 Contracts of Employment — Nature and 
 Bxtent. 
 
 281. A county superintendent cannot 
 refuse approval of a contract between 
 a, school district and a teacher merely 
 on the ground that he believes the 
 teacher is not a fit person to hold a, 
 certificate. Rem.-Bal., §§ 4475, 4481. 
 
 13-14:149. 
 
 282. Relatives of a director may be 
 employed as teachers. 1 Hill's Code, 
 §796. 93-94:3. 
 
 283. Teachers' contracts providing 
 for deduction for time lost during 
 school closing on account of sickness 
 valid. Code Pub. Inst., § 40. 
 
 07-08:408. 
 
 284. Teachers' contracts by "hold- 
 over" boards binding on the district. 
 
 07-08:491. 
 
 285. Teachers' contracts to be by 
 months, not days. Code Pub. Inst., § 66. 
 
 07-08:281. 
 
 286. Board may employ teacher in 
 excess of minimum school time pre- 
 scribed by law. 93-94:35. 
 
 287. Outgoing boards no authority to 
 employ teachers for ensuing school 
 year. 93-94:52. 
 
 288. Teacher's contract not affected 
 by change in school district. 91-92:157. 
 
 Contracts — Performance or Breach 
 
 289. Teacher abandoning school be- 
 fore expiration of contract not entitled 
 to fractional month's payment at time 
 of such abandonment. 99-00:184. 
 
 290. Consolidation of two or more 
 school districts is not a, "sufficient 
 cause" for avoiding a teacher's con- 
 tract. Rem.-Bal., §4481. 15-16:343. 
 
 Examination — Fee 
 
 291. Examination under L. '07, ch. 
 239, not within fee clause of L. '97, ch. 
 118, § 142, as to fee of $1.00. 
 
 07-08:454. 
 
 Removal and Dischargre — In General 
 
 292. Teacher may not 
 during vacation. 
 
 "tend bar" 
 99-00:182. 
 
 Salaries — Deduction From and Pensions 
 
 293. Quarantine closure does ntJt 
 suTjtract from teacher's salary. 
 
 01-02:314. 
 
 294. Sickness of teacher himself re- 
 sulting in closing school operates to 
 deduct salary. Ops., March 1, 1901, 
 March 11, 1902. 09-10:17. 
 
 295. Teachers' pay during closure for 
 epidemic continues. 01-02:23. 
 
 296. Teacher entitled to salary for 
 time school closed during quarantine. 
 
 03-04:25. 
 
 297. Deductions from teachers' sal- 
 aries for absences authorized, when. 
 
 07-08:281. 
 
 298. Teachers are not officers within 
 the section of constitution prohibiting 
 increase of salary during time of serv- 
 ice. Code of Pub. Inst.; §40. 07-08:87. 
 
 299. An act providing that male 
 teachers after thirty years' service and 
 female teachers after twenty-five 
 years' service may retire and partici- 
 pate in a retirement fund does not 
 create a classification prohibited by 
 the constitution. 13-14:13. 
 
 Institute — Attendance at 
 
 300. Institute during vacation time 
 entitles teachers to pay therefor. 
 
 09-10:61. 
 
 301. Attendance of holder of life cer- 
 tificate at institute compulsory. 
 
 91-92:13, 95-96:1. 
 
 302. Attendance at institute during 
 whole session obligatory. 01-02:279. 
 
 303. Attendance at institute of an- 
 other county not a compliance with the 
 law. 01-02:112. 
 
 304. Teachers not employed are not 
 required to attend institute to retain 
 certificate. Rem.-Bal., §§ 4579, 4577. 
 
 11-12:153. 
 
Digest of the Opinions of the Attorney General 
 
 93 
 
 SCHOOLS AND SCHOOIi DISTRICTS 
 
 — Continued 
 VIII. Course of Study, Pupils and Dis- 
 cipline of Schools 
 Attendance — Admission 
 
 305. Child of six years may be re- 
 quired to await next succeeding school 
 terra for admission. 01-02:14. 
 
 306. Admission and classification of 
 grade students to union high schools 
 to be determined by teacher. 
 
 Pupils entering union school, either 
 of high school or lower grade, to be 
 credited to union high school for pur- 
 pose of apportionment. 01-02:211. 
 
 307. The admission of Indian children 
 living on a reservation to the school 
 of an adjacent district is a matter 
 within the discretion of the board of 
 directors. Rem.-Bal., § 4484. Const., 
 art. 9, § 1. 13-14:295. 
 
 308. A school district in which the 
 parents of an emancipated minor child 
 resides has no claim for the attend- 
 ance of such child in another school 
 district in which it has established a 
 separate residence. 13-14:320. 
 
 309. Normal school trustees have dis- 
 cretion to admit students. 91-92:196. 
 
 310. Children on military reserva- 
 tion to attend local civilian district 
 school. 91-92:52. 
 
 Compulsory Attendance 
 
 311. "Attendance officer" need not be 
 sheriff or constable. School Code, § 395. 
 
 09-10:187. 
 
 312. Superior court may issue per- 
 mits for employment of children of 
 school age. Code Pub. Inst., §§ 264, 
 284. 07-08:261. 
 
 313. "Any suitable person" may be 
 appointed school attendance officer. 
 Code Pub. Inst., §267. 07-08:321. 
 
 Books, Text 
 
 (See District Property, Contracts and 
 Liability.) 
 
 314. Students may be required to 
 supplement any deficiency in high 
 school course before graduation from 
 normal school. 03-04:129. 
 
 315. Failure to graduate from normal 
 school cannot be automatically cured 
 by subsequent graduation from an- 
 other institution. 03-04:129. 
 
 316. Board of Education may allow 
 normal students certain credit on simi- 
 lar courses taken in high school. 
 
 03-04:129. 
 
 317. Normal school may not make 
 compulsory courses not so required by 
 the board of higher education. 
 
 03-04:136. 
 Curriculum— Normal Schools 
 
 318. Normal school courses through- 
 out the state must be uniform and 
 elective system allowed at one unit 
 apply to all. Code Pub. Inst., § 222. 
 
 07-08:119. 
 Curriculum — Bible 
 
 319. School may not open with 
 prayer. Const., art. 17, § 11. Op., vol. 
 1, p. 142. 09-10:135. 
 
 320. Religious instruction in common 
 schools prohibited. Const., art. 1, § 11. 
 
 91-92:142. 
 
 321. Bible study optional with the 
 student but awarding credits therefor 
 is not authorized. Const, art. 1, § 11, 
 art. 9, § 4, art. 26. Op., vol. 1, p. 142. 
 
 15-16:254. 
 School Year 
 
 322. School district has no author- 
 ity to maintain school between June 1 
 and September 15 of any given year. 
 Rem.-Bal., §4509, subd. 5. 11-12:246. 
 
 Hours of Study 
 
 323. Directors may fix less than six 
 hours as school "day." 01-02:210. 
 
 Promotion of Pupils 
 
 324. The establishment of grades in 
 schools is vested in the school direct- 
 ors, not in the state board of educa- 
 tion. Rem.-Bal., §§ 4313, 4533. 
 
 13-14:551. 
 
 325. Special examination under § 260 
 for advancement to high school may be 
 waived. 07-08:191. 
 
 326. Scholars failing in 8th grade 
 may be conditionally advanced to high 
 school; Code Pub. Inst., § 260. 
 
 07-08:190. 
 
 327. School board not required to re- 
 ceive back for "review work" a gradu- 
 ate of the grade school. 03-04:325. 
 
 Tuition 
 
 328. Emancipated children residing 
 and attending school in a district other 
 than where their parents reside are 
 not subject to tuition fees. Rem.-Bal., 
 §4406. 13-14:320. 
 
94 Digest of the Opinions of the Attorney General 
 
 SCHOOL.S AND SCHOOL DISTRICTS 
 
 — Continued 
 Tuition 
 
 329. Pupil residing in a school dis- 
 trict only during school term is en- 
 titled to tuition free. 03-04:164. 
 
 330. Residence of transient pupils 
 for purpose of charging tuition deter- 
 mined by animo revertendi. 95-96:43. 
 
 331. Students belonging to one dis- 
 trict but attending school in another 
 must pay tuition in the latter in the 
 absence of agreement between the dis- 
 tricts. 99-00:183. 
 
 332. Diploma fee is not a, "tuition" 
 fee within the act. 03-04:253. 
 
 Census 
 
 333. Indians residing on allotments 
 to be included in school census. 
 
 09-10:23. 
 Discipline — Jurisdiction 
 
 334. Pupils returning to the school 
 grounds after reaching home are with- 
 in the teacher's disciplinary jurisdic- 
 tion. 07-08:36. 
 
 Discipline — Conimitinent to Parental 
 School 
 
 335. Delinquent children can only be 
 committed to parental school upon or- 
 der of the superior court. Rem.-Bal., 
 §8607. 11-12:253. 
 Discipline — Bxpulslon 
 
 336. Faculty has implied authority to 
 expel refractory pupils. 1 Hill's Code, 
 §911- 95-96:57. 
 Fire Drill 
 
 337. State institutions at Vancouver, 
 Chehalis, Medical Lake and Monroe 
 are not public or private schools with- 
 in the act providing for Are drills. L. 
 ■09, ch. 156. 11-12:197. 
 Pupils — Health 
 
 338. Students of the state school for 
 the deaf may be required to submit to 
 medical test for contiguous diseases. 
 Rem.-Bal., §§ 4389, 8933, 8939. L. "13, 
 ch. 10. 15-16:293. 
 
 339. Vaccination not compulsory. 
 
 01-02:288, 307. 
 Transportation of Pupils 
 
 340. Transportation of high school 
 pupils may be paid for only within the 
 district and not for transportation 
 from one district to another. Rem.- 
 BaL, 14481. 11-12:101. 
 
 341. Construction of a foot bridge 
 for the convenience of pupils prohibit- 
 ed as not a "transportation" of pupils 
 within the act. Rem.-Bal., § 4481. 
 
 11-12:114. 
 SEAWEED 
 
 (See Tide Lands, 53.) 
 
 SECRETARY OF STATE 
 
 Function of Secretary of State in af- 
 fixing great seal to gubernatorial 
 proclamations a ministerial one to be 
 executed without discretion. 99-00:19. 
 
 SESSION liAWS 
 
 (See Codes.) 
 
 SEWERS 
 
 Discharge of sewer into meandered 
 lake a nuisance. Bal. Code, vol. 1, 
 §§ 3085, 3086. 03-04:216. 
 
 SHEEP 
 
 (See Animals, 3; Taxation, 121, 175.) 
 
 SHERIFFS 
 
 (See Execution Sales; Fees, 82-93.) 
 
 1. Contracts for county road work 
 may be accepted by a partnership of 
 which one is the county sheriff. Rem.- 
 Bal., § 2334. 15-16:273. 
 
 2. Expense of sheriff transferring 
 prisoner chargeable to claimant's 
 county and not to the state. 97-98:70. 
 
 3. Money unlawfully collected by 
 sheriff as commissions not paid under 
 compulsion entitling payers to refund. 
 Hill, vol. 1, §281, subd. 5. 96-96:14. 
 
 4. Special rewards may not be col- 
 lected by sheriff for duties performed. 
 
 07-08:502. 
 
 5. Sheriff may contract with commis- 
 sioners for feed of prisoners in excess 
 of actual cost within limit of sixty 
 cents per diem. 09-10:14. 
 
 6. Sheriff to be allowed actual trav- 
 eling expenses while performing of- 
 ficial duties. No county official other 
 than those expressly provided for by 
 statute has right to traveling expense, 
 but same may be allowed in the dis- 
 cretion of the commissioners. Bal. 
 Code, §1595. 01-02:193. 03-04:50, 73. 
 
 Board of Prisoners 
 
 7. The sheriff is prohibited from 
 making any profit of the board of 
 prisoners or contracting with the 
 county or any other person for the 
 
Digest of the Opinions of the Attorney General 
 
 95 
 
 SHBRIFFS — Continued 
 Board of Prisoners 
 
 board of prisoners held in his cus- 
 tody or charge. Rem.-Bal., § 2334. 
 
 13-14:173. 
 
 8. SherifE's board to be allowed in 
 "traveling expense." Hill, vol. 1, §3003. 
 
 93-94:9. 
 Sheriffl's Sale — Bxecntlon 
 
 9. Sheriff's deed may issue before the 
 formal satisfaction of judgment in the 
 clerk's levy book. Rem.-Bal., S§ 604, 
 448. 15-16:249. 
 
 SHIPPING 
 
 (See Health, 1; Public Utilities, 9; 
 Vessels.) 
 
 SOIiDIBRS (VBTERAIVS) 
 
 (See Game, 47; Poll Tax, 4.) 
 
 Veterans' Relief — Homes — Widows, 
 
 Etc. 
 Veteran — What Constitutes 
 
 1. "Volunteer service" in Civil War 
 to be construed as service in army of 
 United States. Military Code, L. '95, 
 §42. 97-98:105. 
 
 2. Soldiers discharged from the 
 United States Army prior to the Civil 
 War not a "Union soldier" entitling to 
 admission to soldiers' home. 07-08:21. 
 
 3. Mexican War veteran not a 
 "Union soldier" within the act. Hill, 
 vol. 1, § 1285. 93-94:16. 
 
 Home — Admission to 
 
 4. Amendment to act of 1905, p. 292, 
 limits colony of the soldiers' home to 
 corporate limits of city of Orting. Bal. 
 Code, § 2632. D. '05, ch. 152, p. 291. 
 
 07-08:121. 
 
 5. Bona fide residents of the state 
 may be admitted to soldiers' and vet- 
 erans' homes regardless of stated 
 period of residence. 11-12:329. 
 
 6. No authority to transport Inmate 
 of a state soldiers' home to home out- 
 side of state. 97-98:105. 
 
 7. If a member of the soldiers' home 
 colony at Orting becomes a widower 
 and marries again he is not entitled to 
 receive the benefits of the colony ac- 
 corded to married veterans. Rem.-Bal., 
 § 8908. L. '11, ch. 124. 13-14:269. 
 
 General Relief 
 
 8. Minister officiating at old soldier's 
 funeral entitled to compensation. 
 
 01-02:356. 
 
 9. Soldiers' indigent relief fund not 
 applicable when decedent's relatives 
 conduct the funeral. P. C, § 8066. 
 
 03-04:219, 220. 
 
 10. Claims of Indian War veterans 
 to be paid to veteran's estate, duly pro- 
 bated. 09-10:39. 
 
 11. Duly recognized organizations for 
 the relief of Indigent soldiers take the 
 place of county commissioners on al- 
 lowing temporary relief. §§ 8914-8920, 
 Rem.-Bal. 11-12:348. 
 
 12. Board of control has no author- 
 ity to allow rations to a veteran living 
 outside of the corporate limits of the 
 Veterans' Home. L. '11, ch. 124. 
 
 13-14:234. 
 
 13. Veterans, entitled by law to re- 
 lief, may obtain same only through 
 recognized organizations. Rem.-Bal., 
 §§ 8914, 8915. 11-12:203. 
 
 14. The exclusive privilege of land- 
 ing passengers at a wharf owned by 
 the state at the Port Orchard Veter- 
 ans' Home may be granted to one of 
 two or more competing launches. L. 
 '07, ch. 156, § 4. Rem.-Bal., § 8933. • 
 
 13-14:319. 
 WldOT\'S 
 
 15. Widows of veterans not entitled 
 to admission to state home. Divorced 
 wives not entitled to admission. L. 
 •07, ch. 166, §2. 09-10:141. 
 
 16; Widow is not entitled to assist- 
 ance from the indigent soldiers' fund 
 to redeem a mortgage. Rem.-Bal., 
 §8914. 11-12:144. 
 
 17. Remarriage and divorce of widow 
 of veteran does not disqualify for as- 
 sistance. 07-08:399. 
 
 Superintendent Acting as Physician 
 
 18. The superintendents of the Sol- 
 diers' Home and of the Veterans' Home 
 may be employed to act as physicians 
 therefor, but without additional com- 
 pensation. L. '07, ch. 156, § 4. Rem.- 
 Bal., § 8936. 13-14:146. 
 
 STATE AUDITOR 
 
 (See Auditor, State.) 
 
 STATE BUILDINGS 
 
 (See Capitol Buildings.) 
 
 1. Secretary of State is custodian of 
 capitol building. 01-02:392, 372, 414. 
 
 2. State capitol building fund war- 
 rants issued in pursuance of § 3, ch. 
 
96 Digest of the Opinions of the Attorney General 
 
 STATE BUILDINGS — Continued 
 
 50, L. '13, will bear interest at a rate 
 not greater than iive per cent per an- 
 num. Bem.-Bal., § 6252. 13-14:143. 
 
 3. Buildings constructed under ex- 
 press statutory authority to a, state 
 agency are not subject to local mu- 
 nicipal building regulations. L. '07, 
 ch. 55. 13-14:199. 
 
 4. Funds for completing and furnish- 
 ing of state capitol to be expended 
 without any actual or constructive de- 
 hciency. 03-04:196. 
 
 5. Plans for state buildings to be 
 governed by the provisions of subdi- 
 vision B, § 1, ch. 59, Li. '11. L. '11, ch. 
 59. 11-12:13. 
 
 6. Partial occupancy of capitol build- 
 ing not an acceptance of the building 
 nor waiver of defects therein. 
 
 03-04:284. 
 
 7. Payment of interest at 4 per cent 
 held to be guaranteed on warrants is- 
 sued for furnishing of capitol building. 
 L. '01, p. 54. 03-04:56. 
 
 8. Retention of 20 per cent on con- 
 tract of F. H. Goss with state capitol 
 commission authorized. L. '93, p. 467, 
 §7. 03-04:212. 
 
 9. Proposal of contractor for electric 
 arid gas fixtures held void as not a 
 competitive bidding within the act. L. 
 '93, p. 466, § 7. 03-04:139. 
 
 STATE COIiliEGE 
 
 (See Printing, State, 14, 22; Regents.) 
 Appropriations, Funds, Contracts 
 
 1. President entitled to payment 
 from such fund. Accountant of State 
 College, unless foreign to the educa- 
 tional department, a beneficiary of the 
 fund. 93-94:6. 
 
 2. State Auditor not to pay out de- 
 ficiency appropriation without due cer- 
 tificates therefor from Agricultural 
 College. P. C, §§ 8581-5. 03-04:34. 
 
 3. Warrants for construction and 
 maintenance of State Agricultural Col- 
 lege not defective because of uncer- 
 tainty in the appropriation for, or lo- 
 cation of buildings, etc. 91-92:175. 
 
 4. Rentals of Washington State Col- 
 lege properties available for mainte- 
 nance of college. 01-02:368. 
 
 5. Insurance on college laboratory a 
 proper charge in maintenance fund. 
 
 99-00:12. 
 
 6. When state owes contractor less 
 sum than contractor owes the state, 
 state may retain sums within such 
 amount. 97-98:285. 
 
 7. Failure of city to take pipe con- 
 tracted to be arbitrated. 97-98:271. 
 
 STATE FAIR COMMISSION 
 
 May execute bond to A.-T.-P. expo- 
 sition for purchase of building. 
 
 09-10:123. 
 
 STATE FISH COMMISSIONER 
 
 (See Pish, 128-138.) 
 
 STATE LANDS 
 
 (See Public Lands.) 
 
 STATE TRAINING SCHOOL 
 Jurisdiction 
 
 1. The status of a girl who has been 
 committed to the state training school 
 under sentence for the commission of 
 a crime is in no way affected by the 
 fact that at the time of such sentence 
 she happened to be married, in view of 
 provisions of §§ 1980, 2276, Rem.-Bal. 
 
 13-14:88. 
 Age of Commitratcnt 
 
 2. Male children to be eligible to 
 commitment to the Washington State 
 Training School must be of an age be- 
 tween eight and sixteen years. Rem.- 
 Bal., §§2276, 4382. L. '13, ch. 160. 
 
 13-14:227. 
 
 3. Enceinte female at State Training 
 School to be accouched at state ex- 
 pense. P. C. §§ 3348, 3349. 07-08:283. 
 
 Discharge 
 
 4. Discharge of boys at 18 years and 
 girls at 19 years. L. '05, p. 40. 
 
 09-10:166. 
 
 5. Girls delinquent on parole from 
 the State Training School may be re- 
 turned and retained until the age of 
 twenty-one years. L. '13, ch. 157. L. 
 •13, ch. 111. 15-16:301. 
 
 6. Disposition of youthful convict 
 pending construction of reformatory 
 indicated. L. '07, ch. 167, § 10. 
 
 07-08:468. 
 
 STATISTICS, BUREAU OF 
 
 1. Failure of legislature to make ap- 
 propriation for maintenance of bureau 
 of statistics does not empower employ- 
 ment of unauthorized person. 
 
 97-98:186. 
 
Digest of the Opinions of the Attorney General 
 
 97 
 
 STATISTICS, BOARD OP — Contiuued 
 
 2. Deputy commissioner of bureau of 
 statistics is a statutory and not a con- 
 stitutional officer. L. '95, ch. 85, § 7. 
 
 97-98:136. 
 
 3. Incidental fund of bureau of sta- 
 tistics strictly controlled by statute. 
 
 97-98:88. 
 STATISTICS, VITAL, 
 (See Health.) 
 
 STATUTES 
 
 1. A bill engrossed and filed is not 
 subject to question on the ground of 
 Irregularity of preliminary legislative 
 proceedings. 03-04:67. 
 
 2. Under amendment to constitution 
 adopted 1912, the legislative declara- 
 tion that an act is necessary for the 
 immediate preservation of the public 
 peace, health or safety, support of the 
 state government or its existing public 
 Institutions, is conclusive on the 
 courts, and not subject to Judicial re- 
 view. 13-14:78. 
 
 3. Declaration of "immediate neces- 
 sity" not conclusive upon the courts. 
 L. '15, ch. 57. 15-16:47. 
 
 4. "Enrolled bill," and not senate 
 journal, is exclusive as to its provi- 
 sions. 97-98:110. 
 
 B. Amendment and repeal by sections 
 is lawful. 91-92:88. 
 
 6. Legislative acts take effect ninety 
 days after adjournment of the legisla- 
 ture, unless they contain the clause , of 
 immediate necessity. Const., art. II, 
 § 1, amended by L. '11, ch. 42, § 1. 
 
 13-14:140. 
 
 7. Bill embracing more than one sub- 
 ject unconstitutional. Senate bill No. 
 194, 1897. 97-98:109. 
 
 Emergency Clause — ^What Within 
 
 8. Mandatory clause requiring imme- 
 diate action by a board of officers cre- 
 ated in the act not an emergency 
 clause. 97-98: 108, 111. 
 
 9. Act of March 9, 1893, not impliedly 
 repealed by act of March 15, 1893. 
 
 93-94:46. 
 STEAMBOATS 
 
 (See Public Utilities, 28.) 
 
 STENOGRAPHERS 
 
 Payment of Court 
 
 Stenographers employed by judge or 
 prosecuting attorney to be paid by 
 —4 
 
 warrant on claims approved as reason- 
 able by prosecuting attorney. 07-08:42. 
 
 STREETS AND AIiL,EYS 
 
 (See Cities and Towns; Public Lands, 
 86; Tide Lands, 46.) 
 
 1. Vacation on plat governed by § 7, 
 L. '03. 07-08:292. 
 
 2. Ch. 92, L. '03, does not affect au- 
 thority of commissioners or council in 
 vacation of streets under § 3561, P. C. 
 L. '03, ch. 92. 03-04:193. 
 
 STREET RAILWAYS 
 
 (See Public Service Utilities.) 
 
 1. Seattle, Renton & Southern Rail- 
 way Company is a street car company 
 within the proviso permitting free 
 transportation of letter carriers. L. 
 '11, ch. 117. 11-12:219. 
 
 2. Public service commission has no 
 jurisdiction to compel street car line 
 extensions. 11-12:327. 
 
 SUGAR 
 
 Appropriation tor Raising Beet Sugar 
 
 Competency of appropriation for 
 raising beet sugar. 99-00:202. 
 
 SUNDAY liAW^ 
 
 (See Elections, 43, 45.) 
 
 1. Operation of a. skating rink on 
 Sunday is not per se unlawful, and 
 whether it is noisy or boisterous with- 
 in the prohibition of § 2494, Rem.-Bal., 
 is a, question for the jury. 13-14:60. 
 
 2. Drug stores to vend only bona flde 
 drugs on Sunday. 07-08:187. 
 
 SUPREME COURT REPORTS 
 
 Free distribution of supreme court 
 reports to supreme judges or county 
 officials thereto entitled. 01-02:82. 
 
 SURVEYOR 
 
 (See Engineer, County.) 
 
 SWINE 
 
 (See Animals, 12.) 
 
 TAXATION 
 
 (See Auctioneers; Auditor, County, 
 2, 5; Automobiles, 18; Budget Law; 
 Cities and Towns, 25; Commissioners, 
 County, 22; Counties, 7, 48, 49; Fees, 14, 
 94-96; Highways, 62; Indians, 2-6; In- 
 heritance Tax; Insurance, 60; Oysters, 
 1; Poll Tax; Public Lands, 43, 46, 52; 
 
98 Digest of the Opinions of the Attorney General 
 
 TAXATION — ^Continued 
 
 Schools and School Districts, 230-248; 
 Tide Lands, 60.) 
 
 1. Delinquency Certificates 
 
 II. Redemption 
 
 III. Penalties and Rebates 
 
 IV. Personal Property 
 v. Real Property 
 
 VI. Interest Subject to 
 
 VII. Assessments and Levies 
 
 VIII. Equalization 
 
 IX. Liens 
 
 X. Payment 
 
 XI. Foreclosure and Sale 
 
 XII. Tax Titles 
 
 XIII. Interest 
 
 XIV. Inheritance Tax 
 
 XV. Disposition of Collections 
 
 I. Delinquency Certificates 
 Certificates of Delinquency— Asslg^n- 
 
 ment 
 
 1. Assignable 
 
 \iif county. L. '99, p. 
 305. 01-02:213, 01-02:250. 
 
 97-98:37, 01-02:213. 
 
 2. Certificates for 1895 and prior 
 years outstanding in hands of the 
 county may not be assigned. 99-00:51. 
 
 3. Assignee of certificate of delin- 
 quency may foreclose as if he were the 
 original holder. Rem.-Bal., § 9278. 
 
 15-16:176. 
 
 4. May be made prior to final judg- 
 ment in certificate of delinquency. 
 
 15-16:176. 
 
 5. Assignment of certificate of de- 
 linquency should contain but one legal 
 description. Rem.-Bal., § 9278. 
 
 15-16:176. 
 
 6. Prior purchase is equitable lien 
 and assignment cannot be compelled to 
 second purchaser. 97-98:55. 
 
 Collection and Refund 
 
 7. Taxes cancelled by operation of 
 law more than one year before issu- 
 ance of delinquency certificate entitled 
 holder to refund with interest. Rem.- 
 Bal., §§9139, 9252. 09-10:214. 
 
 8. Certificates of delinquency issued 
 upon taxes subsequently redeemed by 
 order of the court are irregular en- 
 titling the holder to repayment from 
 the county. Rem.-Bal., § 9262. 
 
 15-16:276. 
 
 9. County commissioners may by res- 
 olution authorize refund to cure ir- 
 regularities in certificates of delin- 
 quency. Rem.-Bal., §9252. 15-16:167. 
 
 10. Rectification of mistaken certifi- 
 cate of delinquency by exchange of 
 tax receipt. 99-00:172. 
 
 Form of Certificate 
 
 11. Property held by different own- 
 ers may not be included in one certifi- 
 cate. 99-00:104. 
 
 12. Separate tracts of land in differ- 
 ent ownership cannot be included in a 
 single certificate of delinquency nor in 
 a, single foreclosure proceeding. 
 
 11-12:152, 13-14:536. 
 
 13. Separate certificates of delin- 
 quency should be issued for assess- 
 ments and be foreclosed same as cer- 
 tificates of delinquency for general 
 taxes. 13-14:58. 
 
 14. Name of owner or reputed owner 
 need appear only for the last year for 
 which the certificate is issued. 
 
 97-98:54. 
 
 15. Subsequent replatting does not 
 discharge or modify delinquency. 
 
 97-98:337. 
 
 16. Certificates of delinquency to con- 
 tain only one description and that to 
 correspond with assessment roll. 
 
 97-98:253. 
 
 17. Issuance April, 1895, and prior 
 years certificates direct to individuals 
 approved. 01-02:146. 
 
 Contra, 01-02:262. 
 
 18. One or more descriptions may be 
 included in delinquent certificate as- 
 sessed to one person. 11-12:152. 
 
 19. Treasurer may include more than 
 one lot or block in each certificate of 
 delinquency. 03-04:322. 
 
 Foreclosure 
 
 20. 1896 certificates may be fore- 
 closed after three years from original 
 date of delinquency. ("Three" years 
 mistake for "four." See 99-00:125.) 
 
 99-00:111, 112. 
 
 21. Pleadings in foreclosure action. 
 
 01-02:73. 
 
 22. Contents and manner of service 
 of summons indicated in foreclosure of 
 certificate of delinquency. 01-02:28. 
 
 23. Publication fees in foreclosure of 
 certificates of delinquency, § 112, Rev- 
 enue Law, not modified by L. '03, p. 
 338. 03-04:110. 
 
 24. Summons and service indicated. 
 
 01-02:34. 
 
Digest of the Opinions of the Attorney General 
 
 99 
 
 TAXATION — Continued 
 Foreclosure 
 
 25. Publication in "official county 
 newspaper" Jurisdictional. Price may 
 exceed statutory limit if necessary. 
 
 01-02:117. 
 
 26. Any reasonable abbreviation in 
 foreclosure notice permissible. 
 
 01-02:143. 
 
 27. Publication in offloial county 
 newspaper. 01-02:151, 163, 181, 199. 
 
 28. Description and name in notice in 
 foreclosure proceedings. 01-02:203. 
 
 29. Qualifications of bidder entitled to 
 make bid. L. '01, p. 387, § 4. 01-02:223. 
 
 30. Delinquent in 1896 foreclosable in 
 
 1900. County tax liens foreclosable 
 four years after delinquency. 99-00:184. 
 
 31. Where certificate of delinquency 
 issues upon property already certifi- 
 cated such later certificate may be 
 foreclosed as of original date. 
 
 07-08:88. 
 
 32. On foreclosure a separate deed 
 should issue for each certificate. 
 
 15-16:176. 
 
 33. Foreclosure by county not au- 
 thorized for any year subsequent to 
 1895. 01-02:182. 
 
 34. Date of foreclosure extended to 
 January 1, 1902. 01-02:33, 34. 
 
 35. Where parties are identical fore- 
 closure of several certificates may be 
 had in one action. 99-00:204. 
 
 36. Foreclosure of 1895 and prior 
 taxes to be had on or before June 1, 
 
 1901. L. '97, ch. 71, §116. 01-02:17. 
 
 37. Separate foreclosure of delin- 
 quency certificates by the same person 
 against different tracts of land would 
 not entitle him to receive a single 
 deed for all of the tracts. Rem.-Bal., 
 §9269. 13-14:536. 
 
 38. Tax deeds issued prior to L. '03, 
 p. 13, lacking treasurer's seal express- 
 ly validated by said act. 03-04:157. 
 
 39. Certificate of delinquency to be 
 issued to county when no other pur- 
 chaser appears. 97-98:254. 
 
 40. Proceeds of sales of land ac- 
 quired by county at tax sale not sub- 
 ject to distribution to the state. Rev. 
 Act, § 119V^. 01-02:333. 
 
 Nature and Elxtent 
 
 41. Sec. 116, L. '99, neither extends 
 nor abridges privileges of certificate- 
 holder prior to passage of the act. 
 
 99-00:44. 
 
 42. "AH" delinquent taxes payable 
 before Nov. 1, 1899, applies to all years 
 delinquent. 99-00:28. 
 
 43. Certificates issued on leases, as- 
 sessed as real property after the act 
 of 1907 became effective, are void for 
 irregularity. L. '07, ch. 108. Rem.- 
 Bal., § 9094. 15-16:305. 
 
 44. Certificate of delinquency to issue 
 on land, subject to tax lien, from 
 which an improvement has been re- 
 moved, on which replevin of the im- 
 provement could -be maintained. 
 
 07-08:354. 
 
 45. Taxes of 1890 not included in as- 
 sessment roll directed in act of March 
 6, 1891, not revivable by any subse- 
 quent act. 97-98:264. 
 
 46. The issuance of a, tax certificate 
 of delinquency by a county subsequent 
 to the acquisition of property by the 
 state creates no enforceable obligation 
 against the state. 13-14:426. 
 
 47. Certificates of delinquency. De- 
 scription of property in certificate of 
 delinquency should follow description 
 found in the rolls, even though incom- 
 plete. 01-02:331. 
 
 48. Status of delinquent taxes, 1891 
 to 1896, inclusive. 01-02:26. 
 
 49. Contract between Okanogan and 
 Chelan counties for collection of taxes 
 not impaired by action of former 
 county excluding taxes subsequent to 
 1895. 01-02:160. 
 
 See also modified opinion, 01-02:164. 
 Also, 01-02:177, 185, 187. 
 
 50. Ditch assessments against state 
 lands not foreclosable by delinquent 
 certificates. 01-02:255. 
 
 51. Procedure on delinquency of sec- 
 tion 19, township 25, range 24 east, in- 
 dicated. 97-98:321. 
 
 52. Sec. 106 does not contravene any 
 other section of Rev. Act '97 as to de- 
 linquency. 97-98:310, 301. 
 
 53. Detailed analysis of act of March 
 6t 1891. 97-98:243. 
 
 54. City treasurer may not issue cer- 
 tificates of delinquency. 97-98:255. 
 
100 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 Niiture and Gxtent 
 
 55. Certificate on delinquent half is- 
 suable three years after delinquency — 
 between May 31 and November 30. 
 
 97-98:251. 
 Nature and Bxtent — Guaranty 
 
 56. Certificates of delinquency issued 
 for general taxes of a municipality 
 should contain a, guaranty by the city 
 against irregularity. L. '11, ch. 98, §24. 
 
 15-16:194. 
 
 57. Counties cannot guarantee against 
 Irregularity in certificates of delin- 
 quency for a municipality to which the 
 tax is due. Rem.-Bal., § 9252, subd. 8. 
 L. '11, ch. 98, §24. 15-16:194. 
 
 58. Counties are not required to guar- 
 antee certificates of delinquency against 
 irregularity as to the payer of taxes 
 by mistake. Rem.-Bal., §§ 9277, 9252. 
 
 15-16:233. 
 
 Nature and Extent — Time of Issuance 
 
 59. Date of delinquent taxes of year 
 1896 not to be earlier than June 2, 
 1902. 01-02:383. 
 
 60. Taxes of 1895 and prior years 
 presumed to issue and vest in county 
 as of January 31, 1898. 97-98:333. 
 
 61. November 30, 1897, statutory date 
 of delinquency of 1893-4-5 taxes. Is- 
 suance as of January 31, 1898. 
 
 97-98:259, 262, 264. 
 
 62. Certificate of delinquency to is- 
 sue to municipality at expiration of 
 three-year period of redemption. Rev. 
 Act March 15, '97, § 98. 97-98:12. 
 
 63. Not to issue prior to November 
 30, 1897, for taxes of 1895 and prior 
 years. Rev. Act '97, §71. 97-98:16. 
 
 64. All taxes levied prior to 1895 are 
 subject to certificate of delinquency. 
 
 97-98:17. 
 
 65. Three years from November 30, 
 1897, period of delinquency. 
 
 97-98:37-39, 45-60. 
 97-98:297. 
 
 66. County treasurer may issue cer- 
 tificate of delinquency after twelve 
 months after delinquency, such delin- 
 quency to be determined from the or- 
 dinance. L. '11, ch. 98, § 24. 15-16:178. 
 
 67. Delinquency on the "last half" of 
 taxes begins from last date due (Nov. 
 
 -30). L. '03, ch. 384, §94; ch. 128, §68. 
 L. '07, ch, 206. 07-08:24. 
 
 68. Time of issuance to county 
 largely discretional with treasurer's 
 oflice. 97-98:260. 
 
 . 69. Taxes levied on or before April 1, 
 1891, remitted under act of March 6, 
 1891, and not to be included in certifi- 
 cates issued after November 30, 1897. 
 
 97-98:61. 
 
 70. Rule of issuance to counties and 
 municipalities. Three years after date 
 of delinquency to December 1st ensu- 
 ing year. 97-98:23. 
 
 71. Tax must be delinquent twelve 
 months before certificate will issue, 
 whether on original or subsequent cer- 
 tificate. L. '07, ch. 206. 07-08:168. 
 
 72. Certificate to issue to county 
 against property remaining on tax 
 rolls five years after delinquency. 
 
 01-02:232. 
 
 73. Certificates of delinquency after 
 November 30, 1897, to embrace delin- 
 quent taxes for years 1891 to 1896, in- 
 clusive. 01-02:19. 
 
 74. Certificates of delinquency may 
 issue for levy of 1897 and 1898 in 1899, 
 whether prior taxes are delinquent or 
 not, but tax debtor has benefit of re- 
 mission clause in act of 1899. 99-00:94. 
 
 75. Remission act applies on all 
 lands where taxes were delinquent in 
 1897 when certificate had not been sold 
 to private parties. Taxes delinquent 
 in 1898 not within remission act. 
 
 99-00:36, 45, 48. 
 
 76. Certificates of delinquency for 
 levy of 1897 and 1898 may be issued 
 in 1899. 99-00:82. 
 
 77. Delinquent taxes levied in 1897 
 and 1898 delinquent in 1898 and 1899 
 may be certified prior to Nov. 1, 1899. 
 
 99-00:74. 
 
 78. Actual date at which certificates 
 become delinquent to the city and to 
 the county is point of computation of 
 delinquency. L. '93, pp. 169-170, § 8. 
 
 97-98:9. 
 
 79. Certificates issued before Novem- 
 ber 30, 1897, on taxes of 1895 and prior 
 years void. 97-98:330. 
 
 80. Issuance to county on dates of 
 delinquency of 1S95 and prior years' 
 taxes only when no likelihood of pur- 
 chase by private party. 97-98:328. 
 
 81. Issuance procured by act of 1907, 
 §94, ch, 61, and ch, 206. 07-08:488.' 
 
Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 
 Nature and ]Ds:tent — Time of Issuance 
 
 82. Dates of delinquency of taxes of 
 1896 and 1897 are from date when fell 
 due, not from date of certificate. 
 
 99-00:73. 
 
 Purchaser's Duties 
 
 83. Purchaser to redeem certiflcates 
 standing both in the name of counties 
 and of individuals. Rev. Law, § 107. 
 
 99-00:33. 
 ModiHed by 99-00:49. 
 
 84. Purchase of certiflcates of delin- 
 quency by certain county officers re- 
 ferred to decision of the court. Rem.- 
 Bal., §§9260, 2334, 2303. 11-12:68. 
 
 85. Clerk's fee of $2 on foreclosure 
 of certiflcate of delinquency not 
 chargeable to redemption purchaser. 
 
 01-02:188. 
 
 86. Purchaser of delinquent certifi- 
 cates may pay subsequent taxes at any 
 time after maturity thereof. Rev. Act 
 '97, § 107. 97-98:18,01-02:20. 
 
 87. Purchaser only to pay subse- 
 quently accruing taxes. L. '07, ch. 206. 
 
 07-08:490. 
 
 88. Purchaser, after assessment, of 
 fraction of parcel is joint tenant as to 
 rights of redemption. Rev. Act '97, 
 §102. 97-98:52. 
 
 89. Purchase of certiflcate for 1896 
 prior to Nov. 30, 1897, does not re- 
 quire satisfaction for taxes of 1895 and 
 prior years. 97-98:50. 
 
 90. Individual years may not be seg- 
 regated (1893-4-5) but all taxes due on 
 the property must be paid by pur- 
 chaser of certiflcate. L. '97, p. 192, 
 §116. 97-98:40. 
 
 91. Purchaser of subsequent certifl- 
 cate need not take up prior certifl- 
 cate to county. 97-98:37. 
 
 92. Purchaser of certiflcate to pay 
 all delinquent taxes due the county. 
 
 97-98:37. 
 
 93. Payment by purchaser of subse- 
 quent taxes as affecting the rights of 
 such purchaser and the redemptloner 
 indicated. Rev. Act '97. 97-98:18. 
 
 94. Purchaser in 1893 at sheriff's 
 sale has right to redeem from holder 
 of certiflcate for years 1891 to 1897. 
 
 97-98:341. 
 
 II. Redemptions 
 Payment, Redemption and 
 
 95. Payment of accrued taxes pay- 
 able by purchaser. Does not include 
 special assessments for sewers, etc. 
 
 01-02:21. 
 
 96. Redemption may be had after ex- 
 piration of three-year period and be- 
 fore December 1st for taxes delin- 
 quent on May 31st. 97-98:13. 
 
 97. Owner of undivided interest in 
 half of a, lot cannot redeem other half 
 by payment of twice the amount due 
 on the fraction. Rev. Act '97, § 79. 
 
 97-98:42. 
 
 98. Right to redeem taxes for 1893- 
 4-5. Same as on certiflcates for other 
 years (three years after Dec. 1, 1897). 
 
 97-98:45. 
 
 99. County treasurer's certiflcate to 
 clerk at expiration of three-year period 
 of redemption. 97-98:54. 
 
 100. Redemption of property of 
 minors sold for taxes is to include rea- 
 sonable value of the improvements 
 made thereon. 03-04:125. 
 
 101. The redemption by a county 
 treasurer of a delinquency certiflcate 
 issued on a tide land contract prior to 
 cancellation of the contract would ren- 
 der the treasurer personally liable, in- 
 asmuch as there was no liability on 
 the part of the county. 13-14:486. 
 
 III. Penalties and Rebates. 
 Penalty and Interest 
 
 102. Computation of interest on taxes 
 189,1 to 1895, inclusive. 01-02:203. 
 
 103. Computation of interest to be 
 certain and deflnite. 01-02:223. 
 
 104. Six per cent only penalty ap- 
 plying on taxes of 1895 and prior 
 years paid before November 30, 1897. 
 
 97-98:57. 
 
 105. Certiflcates issued to counties to 
 bear penalty and interest as to issue 
 to individuals. 97-98:37. 
 
 106. All existing charges, penalties, 
 etc., on tax delinquent after November 
 30, 1897, chargeable in certiflcate of 
 delinquency. Rev. Act. '97, §§ 116-118. 
 
 97-98:17. 
 
 107. Fifteen per cent penalty at- 
 taches as of January 31, 1898, regard- 
 less of when issued. 97-98:262. 
 
102 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 Rebate 
 
 108. Holder may pay subsequent tax 
 and secure rebate. 97-98:18, 03-04:35. 
 
 109. Payment of tax for permanent 
 highway on or before March 15, en- 
 titles owner to rebate same as pro- 
 vided for general taxes in § 9219, Rem.- 
 Bal. 13-14:58. 
 
 IV. Personal Property 
 
 Private Persons and Property in Gen- 
 eral 
 
 110. Standing timber reverting to the 
 owner of the land is subject to the 
 personal property tax levied on U 
 while held on a contract of sale and 
 may be distrained as other personal 
 property for delinquent taxes. 
 
 13-14:274. 
 
 111. Merchandise shipped from the 
 Philippine Islands in unbroken pack- 
 ages and in possession and ownership 
 of original consignee is subject to state 
 taxation., 13-14:113. 
 
 112. Personal property of lighthouse 
 keeper not taxable unless right re- 
 served by state in deed of conveyance 
 to United States. 97-98:335. 
 
 113. Individual shares of a mining 
 company are not assessable against the 
 holders thereof where the corporation 
 itself has listed its stock and prop- 
 erty with State Auditor. Bal. Code, 
 §§1671, 1676, 1664. 07-08:68. 
 
 114. Personalty acquired subsequent 
 to March 1 of any year not assessable 
 as of that date. 07-08:65. 
 
 115. Timber sold under bill of sale 
 becomes the personal property of 
 grantee of such bill, taxable as such 
 apart from the realty. Rev. Act '97, 
 §3. 07-08:22". 
 
 116. Notes filed for record with coun- 
 ty belonging to foreign corporation 
 are taxable in county of its principal 
 place of business. 97-98:294. 
 
 117. Mortgages of nonresident lender 
 payable in the State of Wasliington 
 not subject to taxation in said state. 
 
 91-92:7. 
 
 118. Migratory stock act of 1885- 
 1886 repealed by § 154, L. '89-'90. 
 
 91-92:52. 
 
 119. Circulation of a newspaper is 
 taxable as personal property. 
 
 03-04:297. 
 
 120. Note on mortgage of foreign 
 farm is personal property taxable in 
 county of holder's residence. 
 
 95-96:63. 
 
 121. Sheep, not connected with a 
 farm, ranging in various counties, list- 
 ed by the owner In the county of his 
 residence are to be assessed in such 
 county. Rem. -Bal, §§ 9119, 9121, 9125. 
 
 15-16:267. 
 
 122. Vessels registered in domestic 
 port but plying in foreign trade a 
 question of fact. Registration fixes 
 situs for purpose of taxation. Ex. 
 Sess. '01, ch. 2. 01-02:348. 
 
 123. Property passing from county 
 after March 1 not assessable for that 
 year. 01-02:352. 
 
 124. Personal property includes farm 
 machinery. L. '09, ch. 214, § 1. 
 
 09-10:51. 
 
 125. Buggies imported to state liable 
 for personal property tax. 01-02:382. 
 
 126. Mortgages are taxable at resi- 
 dence of owner. Rev. Act, §§ 9-15. 
 
 99-00:84. 
 
 127. Money belonging to resident but 
 deposited elsewhere is subject of tax- 
 ation. All credits owned by residents 
 are assessable regardless of residence 
 of debtor. 99-00:38. 
 
 128. Wheat is assessable where 
 stored regardless of place of origin. 
 
 99-00:157. 
 
 129. Oysters in oyster beds are per- 
 sonal property. 99-00:149. 
 
 130. Money deposited with the 
 county clerk "in litigation" defined to 
 be money the title to which depends 
 upon the future determination of such 
 litigation. L. '01, p. 7, § 8. 03-04:88. 
 
 131. Personal property of partner- 
 ship to be listed at principal place of 
 business of the partnership. 01-02:26. 
 
 132. Plowing on public lands to be 
 assessed as personal property. 
 
 03-04:27, 28. 
 
 133. Transient commissary stocks of 
 railroads under constitution taxable. 
 
 01-02:141, 180, 01-02:28, 29, 147. 
 
Digest of the Opinions of the Attorney General 103 
 
 TAXATION — Continued 
 II. Personal Froiierty 
 
 Private Persons anil Property In Gen- 
 eral 
 
 134. Property brought Into state sub- 
 sequent to beginning of tax year not 
 currently assessable. 99-00:164. 
 
 135. Certificates of delinquency are 
 personal property subject to taxation 
 as such. Rev. Act '97, §3. 01-02:157. 
 
 Banks — "Credits, Etc." 
 
 136. Bank stock — credits from which 
 holder may deduct debts. 
 
 97-98:24, 01-02:300. 
 
 137. Bank stock a, "credit" within 
 the meaning of the act. 03-04:27. 
 
 138. "Money" as used in ch. 48, L. '07, 
 defined. Bank .deposits held exempt 
 indebtedness. 07-08:465. 
 
 139. Listing to individual or bank. 
 Bank stocks are "credits" within the 
 act. Op., vol. 2, p. 21. Act 1897. 
 
 97-98:24. 
 
 140. Deduction of bank's realty for 
 assessment to be on assessed valua- 
 tion, not on bank's appraisal. 
 
 99-00:41. 
 
 141. Assessment of bank stock 
 shares. Realty belonging to a bank to 
 be at value and not at cost to bank. 
 Bal. Code, § 1677. 01-02:347. 
 
 142. Special dividend from surplus 
 funds of a, bank cannot be considered 
 In arriving at value of shares of stock 
 as of March 1st. Rem. -Bal., § 9112. 
 
 13-14:183. 
 
 143. Deposits in bank not subject to 
 assessment. 01-02:316. 
 
 144. Shares of bank stock are 
 "credits" within Rev. Act of 1893. 
 
 93-94:21. 
 
 145. Assessment to shareholders or 
 banks: "Resident" owners defined. Op., 
 vol. 2, p. 21. 95-96:35. 
 
 146. Insolvency of national bank be- 
 fore personal property taxes on' shares 
 of its stock are due relieves the bank 
 of liability therefor. Rera.-Bal., §§9134, 
 9135, 9136. 15-16:52. 
 
 147. Individual stockholders of an 
 insolvent national bank are subject to 
 satisfaction of taxes in the same man- 
 ner as general personal property 
 taxes. Rem.-Bal., §§ 9134, 9135, 9136. 
 
 15-16:52. 
 
 148. United States bonds held by 
 banks to secure circulation are not 
 taxable. 97-98:293. 
 
 149. Non-resident stockholders in 
 national banks entitled to same de- 
 ductions as resident stockholders. Act 
 '97. 97-98:27. 
 
 150. Capital stock of bank not as- 
 sessable, assessment to be on shares 
 held by shareholders. 97-98:30. 
 
 151. Leasehold interest is not realty 
 belonging to a state bank warranting 
 deduction from valuation. Op., Oct. 
 26, 1915. Rem.-Bal., §§ 9094, 9134. 
 
 15-16:187. 
 
 152. Bank is representative of share- 
 holder for purpose of taxation. Rev. 
 Law, March 15, 1893, §§ 21-22. 
 
 93-94:21. 
 E^xemptlons 
 
 153. Collection of exemption on per- 
 sonal tax. Repeal of 1895 act and un- 
 constitutionality of exemption clause 
 of 1897 act leaves no existing general 
 exemption on personal property. 
 
 97-98:273. 
 
 154. Personal property exemption of 
 $300 is a statutory right not affected 
 by action of board of equalization or 
 assessor. 97-98:6. 
 
 155. Firm may not claim exemption 
 as well as individual members thereof. 
 
 97-98:21. 
 
 156. Five hundred dollars exemption 
 only allowable when $500 worth of 
 improvements actually on realty. Rev. 
 Law 1897, §5, subd. 8. 97-98:18. 
 
 157. Capital stock of corporations not 
 assessable. L. '97, ch. 71, p. 136. 
 
 97-98:284. 
 
 158. Unconstitutionality of exemp- 
 tion attempted by revenue act of 1897 
 no effect on exemption under Rev. Act 
 of 1895. 97-98:248. 
 
 159. Exemptions must be deducted in 
 full from the amount returned for tax- 
 ation, and the remainder assessed. 
 
 07-08:71. 
 
 160. "Head of a, family" defined. 
 Also as related to a copartnership. 
 
 93-94:7, 01-02:329, 345. 
 
 161. Personal property of partner- 
 ship not entitled to deficiency on part- 
 ners' separate personal property ex- 
 emption. 01-02:355. 
 
104 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 E^xemptlons 
 
 162. "Necessary tools and appli- 
 ances" defined. Rev. Act, § 5, subd. 7. 
 
 99-00:29. 
 
 163. "Household" and "kitchen furni- 
 ture" defined generally. Rev. Act, § 5, 
 subd. 7. 99-00:41. 
 
 164. Three hundred dollars exemp- 
 tion for head of family not allowable 
 on assessment of 1901, not being an 
 emergency act. 01-02:32, 41. 
 
 165. Three hundred dollars exemp- 
 tion does not apply to 1901. 01-02:41. 
 
 166. "Head of family" defined. 
 
 01-02:329, 03-04:27. 
 
 167. Any personal property is within 
 $300 exemption to head of a family. 
 
 03-04:31. 
 
 168.. Exemption ($500) to apply to 
 current year (1897-1898). 97-08:15. 
 
 169. "Widower without dependent 
 children is not "the head of a family" 
 entitling him to the personal property 
 exemption of $300. L. '15, ch. 131, § 1. 
 
 15-16:285. 
 
 Ijevy and Assessment 
 
 170. An erroneous assessment of per- 
 sonal property to the wife instead of 
 to the husband, thus cutting off the 
 statutory exemption allowance, is cor- 
 rectible only by decree of court. 
 
 13-14:251. 
 
 171. Assessment on transient band 
 of horses by county in which found 
 at time of assessment is valid. 
 
 03-04:115. 
 
 172. A carload of merchandise or- 
 dered to arrive after March 1st but 
 actually arriving prior thereto is as- 
 sessable under Rem.-Bal„ §§ 9011, 9235, 
 fixing March 1st as date of initiating 
 assessment and lien. 13-14:61. 
 
 173. Correction of incorrect assess- 
 ment. Assessing personalty at its ac- 
 tual value, rather than at a customary 
 percentage thereof, is not a. "double 
 assessment" subject to correction. P. 
 C, § 8650. 07-08:62. 
 
 174. Fish trap location is personal 
 property and not an interest in realty 
 for purposes of taxation. Rev. Act of 
 1897, § 2. 07-08:22. 
 
 175. Migratory bands of sheep to be 
 taxed in county of owner's residence. 
 P. C, § 8603. 07-08:224. 
 
 176. Assessment of side tracks of 
 Spokane street railways to be as- 
 sessed as personal instead of real prop- 
 erty. L. '91, ch. 110, § 12. L. '93, ch. 
 124, I 13. 97-98:286. 
 
 177. Wheat, as the subject of loan, 
 to be assessed against owner, though 
 in storage. 97-98:283. 
 
 178. Where property is assessed in 
 two different counties the State Audi- 
 tor's determination of proper county 
 of assessment not binding in excluded 
 county. D. '97, p. 141. 03-04:223. 
 
 179. Title in hay before delivery on 
 contract vests in vendor for assess- 
 ment purposes. 07-08:449. 
 
 180. Personal property assessment 
 roll to include exempt assessments for 
 purposes of regularity. 01-02:328. 
 
 181. Wheat in a warehouse the owner 
 of which said warehouse refuses to 
 divulge names of the wheat owners, to 
 be assessed against the wheat ware- 
 houseman. 99-00:142. 
 
 182. Assessment of bank stock 
 shares in 1903 to be governed by Act 
 of 1897 and not by amendment of 1903. 
 L. '03, p. 121. 03-04:74. 
 
 183. Correction of assessment on 
 wheat held by a warehouseman which, 
 through a false statement by the own- 
 er, has escaped full assessment, to be 
 made by assessor and pursued to any 
 real or personal property belonging to 
 the owner. Bal. Code, § 1741. 
 
 97-98:283, 99-00:142, 148, 149, 03-04:90. 
 
 Collection 
 
 184. Personal taxes — when delin- 
 quent; rate of interest; distraint; in- 
 stallment payment; reassessment. 
 
 97-98:274. 
 
 185. Penalty on delinquent person- 
 alty tax 15 per cent same as on realty 
 tax. 97-98:273. 
 
 186. Personal property tax not 
 charged to realty of tax debtor may 
 not be subsequently charged to the 
 debtor's grantee of such realty. L. '97, 
 p. 180. 03-04:182. 
 
Digest of the Opinions of the Attorney General 105 
 
 TAXATION — Continued 
 Collection 
 
 187. Procedure of charge and collec- 
 tion of personal taxes indicated. 
 
 97-98:274. 
 
 188. A tax assessment upon personal 
 property subsequently destroyed by 
 Are, which is not due until the follow- 
 ing year, should be collected on the 
 current year's levy In the same man- 
 ner as other personal property taxes. 
 L. '11, ch. 24, § 3. Rem.-Bal., §§ 9249, 
 9250, 9235, 9236, 9101, 9119. 13-14:298. 
 
 189. Personal property may be dis- 
 trained in county other than county of 
 levy. 01-02:186, 248; 03-04:147. 
 
 190. Statute of limitations has no ap- 
 plication to collection of personal prop- 
 erty taxes. Bal. Code, § 1727. 
 
 97-98:306. 
 
 191. Not permitted three years after 
 accruing of personal tax and without 
 having appeared of record as incum- 
 brance. 97-98:257! 
 
 192. Personal property tax collectible 
 on and after first Monday in February 
 of each year. Rev. Law 1897, §§ 68, 71. 
 
 97-98:28. 
 Liien 
 
 193. Tax liens on personal property 
 may be followed into the hands of 
 subsequent transferees. Rem.-Bal., 
 §9235. 15-16:289. 
 
 194. Personal property transferred 
 after March 9, 1903, subject to tax lien 
 of that date in the hands of trans- 
 feree. 03-04:250. 
 
 195. Sheriff's sale — execution does 
 not affect tax lien on the personalty. 
 
 07-08:237. 
 
 196. Lien for personalty tax extends 
 to all personalty owned by debtor from 
 the time the tax books are received by 
 treasurer. L. '89, p. 584, § 135. 
 
 91-92:42, 93. 
 
 197. Lien of personal property tax 
 follows the property wherever found. 
 Rev. Law 1899, § 83. L. '97, § 71. 
 
 01-02:17, 50. 
 
 198. Title of bona fide purchaser sub- 
 sequent to assessment but prior to at- 
 tachment of tax lien is superior to 
 such lien. 93-94:82. 
 
 199. Held no personal property lien 
 on given statement of facts of trans- 
 fer of personal property. 01-02:248. 
 
 200. Lien on personal property at- 
 taches to general and not particular 
 personalty. L. '93, ch. 74, § 88. 
 
 93-94:82. 
 
 201. Personal property tax is a lien 
 on real and personal property. Rev. 
 Law, I 83. 03-04:148. 
 
 Sale and Foreclosure 
 
 202. Standing timber remaining after 
 the removal of a stated quantity sold 
 under contract could not be subjected 
 to the delinquent tax against the tim- 
 ber removed. 13-14:274. 
 
 203. A sale of standing timber 
 to satisfy delinquent personal taxes 
 against it passes title free and clear 
 of encumbrance created by any con- 
 tract. L. '11, ch. 24, § 1. Rem.-Bal., 
 §9235. 13-14:274. 
 
 204. Confirmation of tax sale by 
 court not essential but precautionary. 
 
 01-02:228. 
 
 Distraint 
 
 205. Personal property in receiver- 
 ship subject to distraint. 97-98:153. 
 
 206. Distraint for personal property 
 taxes before February 1st following 
 not permitted. 97-98:252. 
 
 207. Officer may not break and enter 
 private dwelling to distrain for per- 
 sonalty tax. 07-08:344. 
 
 208. Any personal property of a tax 
 debtor in the county may be distrained 
 in lieu of taxed personal property 
 prior to the collection of such tax. 
 Rem.-Bal., §9223. 15-16:56. 
 
 209. Personal property of a tax debtor 
 other than that assessed is liable for 
 the tax as certified while owned by the 
 tax debtor. May be subject to dis- 
 traint. Rem.-Bal., §§ 9247, 9248. 
 
 15-16:289. 
 
 210. County treasurer may collect 
 interest on delinquent personal prop- 
 erty tax when distrained. 09-10:243. 
 
 211. Distraint of personal property. 
 L. '99, p. 43. 01-02:247. 
 
 Modifies opinion of Feb. 8, 1910. 
 
106 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 
 V. Real Property 
 
 (For personal property taxation, see 
 Taxation — Personalty.) 
 
 Nature and Elxtent 
 
 212. Cities having outstanding bond 
 and warrant indebtedness are author- 
 ized to make levies to meet such obli- 
 gations in excess of the ten-mill limit 
 imposed by statute. L. '13, ch. 108, § 9. 
 
 13-14:498. 
 
 213. A city of the third class may 
 acquire land by virtue of a local as- 
 sessment foreclosure, but takes it sub- 
 ject to general tax liens which may be 
 outstanding against it. L. '11, ch. 98, 
 §§ 25, 31. 13-14:557. 
 
 214. Application of revenue act of 
 1897 to all property save that actu- 
 ally sold. 97-98:11. 
 
 Constitutional Requirements 
 
 215. Proposed railroad and tax com- 
 mission to fix value of railroad prop- 
 erty not constitutional. Const., art. 7, 
 § 3. 03-04:30. 
 
 216. House bill No. 43 (1903) taxing 
 mining claims, etc., pronounced un- 
 constitutional. 03-04:36. 
 
 217. Proposed Senate bill No. 175 
 (1903) does not violate equality of tax- 
 ation. 03-04:28. 
 
 218. Sec. 3, ch. 122, L. '15, does not 
 repeal §9224, Rem.-Bal. 15-16:174. 
 
 219. A bill providing that "all prop- 
 erty shall be assessed at not to exceed 
 50 per cent of its true and fair value 
 in money" complies with art. 7, §§ 1 
 and 2 of Const., requiring that all 
 property "shall be taxed in proportion 
 to its value." 13-14:24. 
 
 VI. Interests Subject to 
 
 lilablllty of Persons and Property- 
 Mines 
 
 220. Status of mining claims as to 
 assessment and taxation indicated. 
 
 07-08:352. 
 
 221. Coal and mineral rights having 
 commercial value to be assessed as 
 realty. 03-04:22. 
 
 Liability of Persons and Property — 
 Ownership In General 
 
 222. Entire estate wherever located 
 to be certified by foreign executor of 
 
 non-resident owner. L. '01, p. 69, § 4. 
 
 01-02:391. 
 
 223. Realty, subject to a lease per- 
 mitting the lessee to remove the im- 
 provements at the expiration thereof, 
 to be taxed regardless of such agree- 
 ment. Rem.-Bal., §§ 9092, 9093, 9102. 
 
 15-16:171. 
 
 224. Recorded judgments are assess- 
 able. Rev. Act, §3. 99-00:46. 
 
 225. Lieu lands of railroad company, 
 approved by Secretary of Interior, are 
 subject to assessment. 99-00:147. 
 
 226. Mortgages given to secure pur- 
 chase price of realty are not "prop- 
 erty" within the act. P. C, § 8593. 
 
 03-04:153. 
 
 227. Tide land contracts with the 
 state are taxable. 99-00:134, 148. 
 
 227%. Oyster beds being interests in 
 tide lands, the bases of such beds are 
 taxable, but tide lands themselves are 
 not. 97-98:7. 
 
 228. Timber to be assessed as realty 
 to the purchaser. 01-02:21. 
 
 229. Assessment of stacked grain — 
 stacking does not preclude assessment. 
 Bal. Code, vol. 1, §1655. 97-98:280. 
 
 230. Rights-of-way for irrigation, 
 etc., owned by private individuals tax- 
 able to such owners. 03-04:22. 
 
 231. Government survey not conclu- 
 sive as to actual area of land subject 
 to assessment. 03-04:121. 
 
 232. Improvements on platted prop- 
 erty since prior assessment to be in- 
 cluded in current roll. 03-04:40. 
 
 233. Land secured by draining a Jake 
 is subject to assessment. 03-04:184. 
 
 234. Equity of minors in tax mat- 
 ters does not apply in absence of stat- 
 utory provision. 99-00:187. 
 
 235. Levy and assessment on prop- 
 erty escheating to the state made sub- 
 sequent to death of owner are void. 
 
 03-04:262. 
 
 236. Unsurveyed lands taxable to 
 grantees of railroad company. 
 
 01-02:298. 
 
 237. United States land not to be as- 
 sessed before acceptance of plat 
 thereof. 03-04:289. 
 
Digest of the Opinions of the Attorney General 107 
 
 TAXATION — Continued 
 Lialiillty of Persons and Property — 
 Ownership In General 
 
 238. Railway land not subject to 
 state taxation until the last prescribed 
 condition of its acquisition from tlie 
 Federal government is complied with. 
 
 01-02:18. 
 
 239. Standing timber sold and con- 
 veyed to be assessed against the pur- 
 chaser as real estate. Op., Feb. 16, 
 1903. 03-04:228. 
 
 240. Dot platted, though always un- 
 der water, is subject to assessment. 
 
 99-00:203. 
 
 241. Improvements added since as- 
 sessment of 1897 to be taxed as realty. 
 
 99-00:23. 
 
 242. County purchasing property at 
 delinquent tax sale is not liable for 
 delinquent irrigation assessments. 
 Eem.-Bal., §9271. 15-16:309. 
 
 243. Realty mortgages to be listed 
 but not taxed as "property" within § 3, 
 Rev. Act of March 9, 1893. 93-94:18. 
 
 244. Realty mortgages, not part of 
 purchase price of realty mortgaged, 
 are subject to taxation. Rev. Act 1897, 
 §3. 97-98:8. 
 
 245. Private corporation supplying 
 light to an unincorporated city to be 
 taxed. P. C, §§8632, 8595. 07-08:80. 
 
 246. Mere platting of addition to an 
 incorporated town is not sufficient to 
 constitute incorporation of such platted 
 portion. Bal. Code, § 1261. L. '90, p. 
 131, § 9. 07-08:81. 
 
 247. Property privately owned on the 
 first day of March to be placed on as- 
 sessment rolls though subsequently 
 acquired by United States. 07-08:167. 
 
 248. Township taxes levied upon ter- 
 ritory afterwards detached and an- 
 nexed to a city do not become an asset 
 of the city. 13-14:533. 
 
 249. Subd. 19, § 1, ch. 108, L. '13, re- 
 peals §§ 6971 to 6991, Rem.-Bal., in so 
 far as it affects the levy for library 
 purposes in cities of the third class. 
 
 13-14:498. 
 
 250. Land selected in lieu of unper- 
 fected claim not subject to assessment 
 until final proof. 03-04:300. 
 
 251. Water rights are appurtenant 
 rights to be assessed with the land. 
 Bal. Code, §1655. 07-08:213. 
 
 252. Owners of property in irriga- 
 tion district subject to delinquent as- 
 sessments have two years in which to 
 redeem. Rem.-Bal., § 6544. 15-16:212. 
 
 Liability of Persons and Property — 
 Realty Llahle for Dellnanent Per- 
 sonalty Tax 
 
 253. Delinquent personal property 
 tax chargeable against realty regard- 
 less of payment of realty tax. 
 
 97-98:277, subd. D. 
 01-02:250. 
 Liability of Persons and Property — 
 Corporations 
 
 254. Corporations not defunct for 
 purpose of taxation until dissolved in 
 due form. 01-02:317. 
 
 255. Tax on private car companies is 
 within the act. L. '07, ch. 36. 
 
 07-08:536. 
 
 256. Unpatented railroad grants sub- 
 ject to state taxes. 93-94:51. 
 
 257. Certificates 6f purchase of realty 
 at sheriff's sale, subject to statutory 
 redemption, held by a bank are not ex- 
 empt in determining the assessed val- 
 uation of the bank stock. Rem.-Bal., 
 § 9134. 11-12:382. 
 
 258. Railroad right-of-way exemp- 
 tion from territorial taxation abro- 
 gated by statehood. L. '89-'90, p. 606, 
 §5. 91-92:15. 
 
 259. Franchises are assessable sepa- 
 rate and apart from the property asso- 
 ciated therewith. 97-98:29. 
 
 Tjiabillty of Persons and Property- 
 Banks 
 
 260. Liability of state banks a ques- 
 tion of constitutionality beyond scope 
 of Attorney General. 91-92:191. 
 
 261. Bank shares to be assessed at 
 full value in money on March 1st af- 
 ter deduction from capital stock of 
 amount invested in realty. L. '03, p. 
 123. 03-04:232. 
 
 Liability of Persons and Property — 
 Public Property and Institutions. 
 
 262. Lands of state university, coun- 
 ties, school districts, etc., subject to 
 assessments for street improvements 
 in first-class cities. 03-04:25. 
 
108 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 
 Liability of FerHons and Property — 
 Public Property and InstitiitlonM 
 
 263. State is not liable for taxes on 
 escheated school lands. 03-04:262. 
 
 264. liieu lands not subject to assess- 
 ment until certificate therefor has been 
 issued on final proof. L. '97, p. 149, 
 §27. 03-04:95. 
 
 265. Lands relinquished to United 
 States government not liable for prior 
 taxes. 99-00:76. 
 
 266. Property located within the 
 limits of a. military reservation is not 
 subject to state taxation. Rem.-Bal., 
 I§ 6853, 6854. • 15-16:312. 
 
 267. Offices on Indian reservations 
 not subject to state taxation. 95-96:63. 
 
 268. County purchasing at delin- 
 quent general tax sale is not liable 
 for delinquent irrigation assessments 
 against the property. Rem.-Bal., 
 §§ 9271, 6430. L. "15, ch. 179. 15-16:309. 
 
 269. Exemption of fire protection ap- 
 paratus not extended to municipal 
 water mains, etc. L. '91, p. 261, § 5. 
 
 91-92:214. 
 
 270. No certificate of indebtedness 
 may be issued against the state. 
 
 97-98:142. 
 Liability of Persons and Property — 
 Exemption 
 
 271. Leased lands on which church 
 buildings stand are exempt. Rev. Act, 
 § 5, subd. 1. 99-00:158. 
 
 272. Parsonages not exempt. 
 
 01-02:138. 
 
 273. Catholic schools or colleges are 
 schools within the exemption. L. '03, 
 p. 388. 03-04:227. 
 
 274. Church property exempt from 
 taxation. Rev. Act 1897, § 5, subd. 1. 
 
 97-98:28. 
 
 275. No exemption allowable where 
 owner is unknown. Rev. Act 1897. 
 
 97-98:21. 
 
 276. Assessor's duty is to see that all 
 lawful exemptions are allowed. L. '03, 
 p. 379. 04:240. 
 
 VII. AHNCNsments and LevleN 
 Levy and Assessment — Mode of Assess- 
 ment In General 
 
 277. Method of assessing fractional 
 township of unsurveyed land, railway 
 being grantor, indicated. 01-02:16. 
 
 278. Omission from assessment roll 
 of property in town Incorporated sub- 
 sequent to March 1st does not prevent 
 town right to levy. Bal. Code, I 1813. 
 
 03-04:152. 
 
 279. No authority to destroy old de- 
 tail assessment sheets. 03-04:239. 
 
 280. Taxes of 1892 and 1893 not out- 
 lawed. 99-00:158. 
 
 281. Timber purchased but not re- 
 moved to be assessed to purchaser, and 
 the land without the timber to be as- 
 sessed to owner. 03-04:21. 
 
 282. Property omitted by mistake 
 from the assessment rolls to be en- 
 tered thereon by the county auditor as 
 clerk of equalization board. 03-04:137. 
 
 2.83. Levy for county road and bridge 
 fund may be upon all county property 
 including that within incorporated 
 cities. Bal. Code, §3820-1. 01-02:78.. 
 
 284. Tax under the act to be levied 
 without reference to the number of 
 mills upon the dollar necessary to raise 
 amount. L. '91, p. 261. 03-04:146. 
 
 285. Treasurer's duty to segregate 
 platted acreage to ascertain relative 
 proportional value of lot or part to 
 whole assessed tract. Rev. Act '99, 
 §11. 01-02:64. 
 
 286. Assessment of several tracts to 
 be made against each tract according 
 to the subdivision rather than by ref- 
 erence to the plat. 03-04:182. 
 
 287. Method of segregating triangu- 
 lar piece described. 01-02:41. 
 
 288. Road and bridge levy beginning 
 in 1903 to be governed by sections at 
 page 223, et seq., Laws of 1903, rather 
 than by provisions on page 339, Laws 
 of 1903. 03-04:104. 
 
 289. "Lots 1 to 16 inc. in blk. 16 etc." 
 defined as one description. 03-04:303. 
 
 290. Purpose of estimate is to ad- 
 vise taxpayers of contemplated expen- 
 ditures. L. '09, ch. 138. 09-10:182. 
 
 291. King county school levy for 1902 
 to be by mills based on equalized val- 
 uation without reference to limit on 
 the dollars. L. '01, p. 380, § 16. 
 
 01-02:390. 
 
 292. Method of levying taxes under 
 chs. 138 and 230, Laws of 1909, indi- 
 cated. L. '09, chs. 138, 230. 11-12:127. 
 
Digest of the Opinions of the Attorney General 109 
 
 TAXATION — Continued 
 VIl. Assessments and Levies 
 Levy and Assessment — mode of Assess- 
 ment In General 
 
 293. County treasurer is not required 
 to apportion tax on particular lots and 
 blocks of a plat on which advance de- 
 posit required by law has been made. 
 Bem.-Bal., §§7834, 9234. 11-12:194. 
 
 294. Method of listing- individually- 
 owned realty In lots and blocks, nu- 
 merically indexed, indicated. L. '93, 
 p. 341, § 45. 95-96:30. 
 
 295. Assessment of public lands to be 
 made until actual cancellations of en- 
 try. L. '93, ch. 124, §27. 95-96:63. 
 
 296. Actual acreage and not the orig- 
 inal survey determines assessments on 
 governmental subdivisions. Const., §2, 
 art. 1. 15-16:212. 
 
 297. Taxes for county roads, bridges 
 and wharves levied under § 1, ch. 171, 
 L. '15, apply only after June 10, 1915. 
 
 15-16:73. 
 
 298. Levy of 12 mills for current ex- 
 penses in cities of third class under 
 § 17, ch. 184, Laws 1915, not repealed 
 by § 3, ch. 186, L. '15. 15-16:76. 
 
 299. Levies for an indebtedness fund 
 of third class cities must be made pur- 
 suant to the act of 1915. 15-16:126. 
 
 300. Levy to provide for discharge 
 of bonded indebtedness by a township 
 is not for "a town purpose" within the 
 ten-mill limitation. Kem.-Bal., §§9403- 
 9409. 11-12:247. 
 
 301. Improvements on school lands 
 subsequent to appraisement does not 
 entitle owner to re-appraisement. 
 
 91-92:45. 
 
 302. Territorial assessment may be 
 used by state as basis of levy. L. '89, 
 ch. 18. 91-92:32. 
 
 303. Copy of statement of real estate 
 assessment not required to be fur- 
 nished. Hill, vol. 1, §1068. 91-92:215. 
 
 304. County road and bridge taxes to 
 be collected within limits of third class 
 corporations. 91-92:172. 
 
 305. Assessment 
 distinguished. 
 
 and 
 
 equalization 
 97-98:316. 
 
 306 Road and bridge levy abolished 
 bv Rev. Act 1897. See also 97-98:296. 
 " 97-98:282. 
 
 307. County commissioners to ap- 
 point cruiser for assessment of timber 
 lands. P. C, §4098. 07-08:411. 
 
 308. Levy on incorporation of fourth 
 class city indicated. P. C, §§ 8723, 
 8728. 07-08:290. 
 
 309. Civil action to restrain is the 
 proper method where notices of in- 
 creased valuation have not been sent 
 owners. 05-06:389, 07-08:144. 
 
 310. Separate lots of realty to be 
 segregated by assessor upon the roll 
 and 1907 valuation determined by di- 
 viding 1906 valuation of acreage by 
 the number of lots. P. C, § 8631. 
 
 07-08:113. 
 
 311. Taxes assessed against abutting 
 property (ch. 55, L. '11) for improve- 
 ment of permanent highways should be 
 extended on regular tax roll as other 
 taxes. 13-14:58. 
 
 312. A tax levy made according to 
 the provisions of a former act and the 
 taxes to the extent of 70 per cent hav- 
 ing been paid, such levies may be 
 placed in the general fund provided in 
 a later act and the prior warrants paid 
 therefrom in the order they were is- 
 sued. L. '13, ch. 108, % 1, subd. 9. 
 
 13-14:498. 
 
 313. Real property to be listed ac- 
 cording to its legal subdivisions re- 
 gardless of whether owned by one or 
 more persons.- Act March 9, 1893, §25. 
 
 91-92:242, 93-94:17. 
 
 Levy and Assessment — Deduction of 
 Credits and Indebtedness 
 
 314. Deduction of debts owing out- 
 side of state allowable. Deduction of 
 realty without the state allowable. 
 
 01-02:76. 
 
 315. Debt on the land not to be de- 
 ducted from the assessment but al- 
 lowed as provided by law 03-04:21. 
 
 316. Bank may deduct assessed valu- 
 ation of real estate from assessed val- 
 uation of stock. 01-02:56. 
 
 317. Mortgages assessable as credits 
 save when part of purchase price of 
 land. 99-00:23. 
 
 318. Deduction of bona flde debts 
 from gross amount of credits suggest- 
 ed as precautionary measure. L. 07, 
 ch. 48. 07-08:458. 
 
110 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 Levy nnil Assessment — Deduction of 
 Credits and Indebtedness 
 
 319. Credits and mortgages not tax- 
 able unless speciflcally enumerated as 
 such. 91-92:59. 
 
 320. Indebtedness of non-resident 
 holder of bank stock may be deducted 
 from assessed value thereof. 
 
 03-04:247. 
 
 321. Deduction of debts. Assessor 
 has right to require reasonable proof 
 of correctness of return. 97-98:284. 
 
 322. Deduction of farm indebtedness. 
 Wheat receipts not credits within the 
 act. 97-98:283. 
 
 323. Debts owing in good faith may 
 be deducted. 97-98:290. 
 
 VIII, Equalization. 
 E]quallzatlon and Correction 
 
 324. Board of equalization to sit each 
 year. 97-98:315, 01-02:183, 290. 
 
 325. The county board of equaliza- 
 tion at its sessions in odd-numbered 
 years has authority to change the val- 
 uation of real property. Rem.-Bal., 
 §§ 9091, 9101, 9200, 9298. 
 
 97-98:316, 13-14:163. 
 
 326. Property upon the tax rolls may 
 be equalized in odd-numbered years. 
 
 07-08:134. 
 
 327. Assessment roll as equalized by 
 board for preceding year basis of valu- 
 ation. 97-98:287. 
 
 328. Increase of valuation of 1900 by 
 board of equalization. 
 
 99-00:316, 01-02:136. 
 
 329. Setting aside void assessment 
 not a. change of valuation after ad- 
 journment of board of county commis- 
 sioners within the prohibition. Rev. 
 Act '97, §58. 97-98:291. 
 
 330. Equalization of 1897 not the 
 "immutable basis of tax values until 
 1900." Rev. Act '97, §§ 6 and 58. 
 
 97-98:316. 
 
 331. Board of equalization may equal- 
 ize regardless of average of county re- 
 ports. 97-98:35. 
 
 332. State board of equalization is 
 not authorized to exercise appellate 
 jurisdiction over county boards of 
 equalization. 03-04:138. 
 
 333. Board of equalization may in- 
 crease horizontally on ■whole class of 
 property within constitutional limita- 
 tion. 97-98:36. 
 
 334. Board of equalization has no au- 
 thority to add property not appearing 
 on county assessment rolls. 97-98:35. 
 
 335. Ch. 122, L. '15, applies only to 
 the assessment roll of current and not 
 prior years. L. '15, ch. 122. 15-16:135. 
 
 336. Valuation at a, higher rate than 
 fifty per cent of county property does 
 not preclude state board of equaliza- 
 tion from considering such fact. Rem. 
 '15 Code, §9204. 15-16:358. 
 
 337. City councilmen on board of 
 equalization — § 8721, P. C, not repealed. 
 
 07-08:202. 
 
 338. Duties of state board of equal- 
 ization in equalizing property through- 
 out the state for certification to the 
 respective counties outlined. 
 
 99-00:79. 
 
 339. Timber destroyed by fire subse- 
 quent to last assessment may not be 
 deducted from current assessment by 
 assessor without action of board of 
 equalization. 03-04:86. 
 
 340. Valuation on 1901 assessment 
 roll governed by equalization of coun- 
 ty board in 1900. 01-02:26. 
 
 341. Property mistakenly omitted 
 from assessment for a number of years 
 not subject to back taxes therefor ex- , 
 ceeding three years. 
 
 99-00:149, 01-02:17. 
 
 342. The wrongful assessment of an 
 excess quantity of land can be cor- 
 rected only by the board of equaliza- 
 tion or the courts, not by the county 
 commissioners. Rem.-Bal., § 9200. 
 
 03-04:121, 13-14:340. 
 
 343. The correction of an erroneous 
 assessment of improvements against 
 the wrong land, after the adjournment 
 of the board of equalization, should be 
 made by the county treasurer upon a 
 finding by the county commissioners 
 of the existence of such error. Rem.- 
 Bal., §§ 9200, 9238. 13-14:85, 251. 
 
 344. The assessment of a non-exist- 
 ent Improvement is an error in assess- 
 ment, not in description, and is sub- 
 ject to cancellation only by a court de- 
 cree. Rem.-Bal., § 9200. 13-14:251. 
 
Digest of the Opinions of the Attorney General 111 
 
 TAXATION — Continued 
 Till. Equalization 
 Equalization and Correction 
 
 345. The assessment of property ex- 
 empt from taxation can be cancelled 
 only by a court decree. 13-14:251. 
 
 346. Error in extending tax rolls by 
 placing real estate in the wrong school 
 district is an error in description to be 
 corrected by the county treasurer upon 
 a. finding of the fact by the county 
 commissioners. Rem.-Bal., §§9200, 9238. 
 
 13-14:85, 251. 
 
 347. After the county assessor has 
 made return of his assessment in man- 
 ner required by § 9109, Rem.-Bal., he 
 is without power to make corrections 
 or amendments to his return except as 
 clerk of county board of equalization 
 he is required to make changes in roll 
 to correspond with changes in value 
 made by county board of equalization. 
 
 13-14:85. 
 
 348. The board of county commis- 
 sioners has no authority to correct er- 
 rors in assessment or to place omitted 
 property on the current tax roll, under 
 § 9200, Rem.-Bal., other than errors in 
 description or double assessments. 
 
 13-14:85. 
 
 349. The county treasurer has au- 
 thority to add to the assessment roll 
 any property which had been omitted 
 or to examine Into and correct any as- 
 sessment based on a. false return, or 
 to act where there was manifest error 
 In the return of the assessment of any 
 property, under § 9238, Rem.-Bal. 
 
 13-14:85. 
 
 350. Omission of record of fiscal vote 
 may be corrected as a "clerical error" 
 after the tax rolls have passed from 
 
 . the county auditor to county treas- 
 urer. 07-08:57. 
 
 351. Correction of incomplete assess- 
 ment of timber. Increased taxation to 
 correct omitted valuation in an odd 
 year is a special assessment requiring 
 notice to individual owners. Rem.-Bal., 
 §§9092, 9112, 9128, 9244. 11-12:119. 
 
 352. Correction of tax rolls as to 
 name, description, valuation, indicated. 
 
 99-00:132. 
 
 353. Three-year period of limitation 
 sueeested for assessment of omitted 
 sugge 99-00:148. 
 property. 
 
 354. Power of county commissioners 
 over tax assessments extended only to 
 the correction of errors in description 
 or double assessments. Rem.-Bal., 
 §9200. 13-14:130. 
 
 355. County commissioners have no 
 authority to rebate erroneous assess- 
 ments after adjournment as board of 
 equalization. 05-06:289, 290; 07-08:208. 
 
 356. Omission from the tax rolls is 
 not delinquency within the provision 
 imposing delinquent interest of fifteen 
 per cent. Rem.-Bal., § 9103. 
 
 05-06:358, 11-12:376. 
 
 IX. Liens 
 
 357. Tax liens on real property are 
 limited to the property and the rights 
 inured when the tax accrued. 
 
 01-02:248, 289. 
 
 358. Lien of the state for taxes does 
 not follow fixtures removed from 
 realty though the tax lien attached 
 prior to such removal. Rem.-Bal., 
 §§9092,9230,9251. 15-16:1^8. 
 
 359. Tax liens stricken by sale to 
 the county in foreclosure not revived 
 when property is subsequently con- 
 veyed by county. L. '99, p. 304. 
 
 03-04:238. 
 
 X. Payment 
 
 360. Accrued taxes to be paid before 
 vacation of plat. 01-02:96. 
 
 361. Supervisor's certificate on prop- 
 erty road tax. May be tendered in 
 payment of property road tax charged 
 against holder of certificate. 97-98:8. 
 
 362. Payment by general fund war- 
 rants. Prohibited as not being "cur- 
 rent medium of exchange." 91-92:157. 
 
 363. Payment of taxes in county war- 
 rants not authorized. 97-98:162. 
 
 364. Tender of true amount of coun- 
 ty taxes, less rebate, held sufHcient. 
 
 11-12:139. 
 
 365. When expense of cutting noxi- 
 ous weeds has been paid by county 
 commissioners and the amount is en- 
 tered on tax roll, § 3042, Rem.-Bal., tax- 
 payer is entitled to rebate for pay- 
 ment if made as provided under § 9219, 
 Rem.-Bal. 13-14:58. 
 
 366. Treasurer may accept payment 
 of general taxes against land without 
 
112 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 X. Payment 
 
 regard to payment of assessment for 
 improvement of permanent highways. 
 
 13-14:58. 
 Payment — Method of 
 
 367. Method of proportional payment 
 on parcels or tracts indicated. Rev. 
 Act '97, § 82. 97-98:33. 
 
 368. Road supervisor's certificate for 
 ■worlj done to be received by county 
 treasurer in payment on property road 
 tax. Bal. Code, §§ 3813, 3819. 
 
 97-98:289. 
 
 369. Part payment of local improve- 
 ment assessments is not authorized un- 
 der ch. 98, L. '11. 15-16:120. 
 
 370. Deficiency certificates as credits 
 for road property taxes repealed by 
 § 9, L. '03. Bal. Code, §§ 3813-14-17-19- 
 31-32-33. 03-04:206. 
 
 371. Certificate for road work done 
 in 1902, but issued in 1903, is not ac- 
 ceptable as a credit for road tax levy 
 of 1903. 03-04:194. 
 
 372. One-half payment of taxes may 
 be made on properly grouped prop- 
 erty, under § 68, Rev. Act '97. Rev. 
 Act '97, § 43. 97-98:31. 
 
 373. A partial payment of taxes hav- 
 ing been made by stipulation pending 
 suit the county treasurer should ex- • 
 tend same upon the tax roll instead of 
 holding it as a trust fund. Rem. -Bal., 
 §§9219,9221,9244. 13-14:562. 
 
 Payment — "Where Made 
 
 374. Road district tax to be paid in 
 district in which tax debtor resides. 
 
 99-00:58. 
 Payment by Mistake 
 
 375. Recovery of taxes paid by mis- 
 talce is a matter of strict statutory 
 construction. Rem. -Bal., § 9377. 
 
 15-16:233. 
 
 376. No duty is imposed upon the 
 county treasurer to supervise the issu- 
 ance of certificate to a payer of taxes 
 by mistake. Rem.-Bal., § 9277. 
 
 15-16:233. 
 
 377. Certificates of redemption under 
 § 9277 do not apply to a payer of taxes 
 by mistake. 15-16:233. 
 
 378. Payment of taxes by mistake 
 March 1, 1916, entitles payer to a cer- 
 tificate of delinquency on June 1, 1917, 
 with the legal rate of Interest due 
 thereon from June 1, 1916. Rem. -Bal., 
 §§ 9252, 9277. 15-16:265. 
 
 379. Certificates for years 1898, 1899 
 and 1900 to issue for taxes paid by 
 mistake. 01-02:389. 
 
 Payment — Rebate 
 
 380. Authority of county commission- 
 ers to rebate taxes. 97-98:255, 260. 
 
 381. Money to be refunded where 
 property is twice assessed 03-04:46. 
 
 382. Rebate of taxes by county com- 
 missioners. 97-98:255-260, 01-02:96. 
 
 383. A tender before March 15th of 
 the full amount of taxes collectible on 
 newly platted land entitles the tax- 
 payer to a three per cent rebate. 
 Rem.-Bal., §§ 7834, 9219. 13-14:454. 
 
 Collection and Enforcement 
 
 384. Cancellation of state land con- 
 tracts with reversion to the state 
 eliminates county taxes therefrom. 
 
 01-02:16. 
 
 385. The county treasurer is the of- 
 ficer required to collect the revenue 
 and there is no authority for either 
 the board of county commissioners or 
 the county assessor to direct or super- 
 vise the manner in which it must be 
 done. 13-14:85. 
 
 386. Collection of delinquency 1891 
 not repealed by § 119, Rev. Act 1891. 
 L. '89, ch. 18. 91-92:58. 
 
 387. Collection in third and fourth 
 class cities governed by ch. 62 rather 
 than 70, L. '93, applying both before 
 and after re-incorporation. 93-94:80., 
 
 388. No state officer authorized to 
 accept compromise sum in behalf of 
 state. 01-02:63. 
 
 389. Owner of timber land cannot be 
 restrained from removing timber until 
 payment of taxes. 99-00:77. 
 
 390. Counties cannot collect street as- 
 sessment of fourth class city. L. '93, 
 § 161, p. 205. 93-94:34. 
 
 391. Publication of delinquent tax 
 list under § 2938, vol. 1, Hill, not re- 
 pealed by § 96, L. 93, p. 366. 93-94:78. 
 
Digest of the Opinions of the Attorney General 113 
 
 TAXATION — Coutlnned 
 
 XI. Foreclosure and Sale. 
 
 Collection and EInfOTCement— Distraint 
 
 392. After due notice and publication 
 of distraint advertisement against ab- 
 sentee debtor. 97-98:290. 
 
 Sale and Foreclosure — Amount for 
 Which Land May Be Sold 
 
 393. County commissioners must fore- 
 close tax liens on lots whether valu- 
 able or valueless. 01-02:16. 
 
 Sale and Foreclosure — Action 
 
 394. Order of sale to be included in 
 judgment. 01-02:288. 
 
 395. County commissioners may have 
 special counsel to assist treasurer in 
 foreclosure action. Rev. Act, L. '01, § 3. 
 
 01-02:46. 
 
 396. County foreclosure pleadings 
 are required to state that the title will 
 be acquired subject to all local assess- 
 ment liens. L. '11, ch. 98, § 40. 
 
 13-14:557, 15-16:81. 
 
 397. County to have guardian ap- 
 pointed before distraint against insane 
 person. 97-98:291. 
 
 398. Notice of sale to be given by 
 letter to each individual tax debtor. 
 Eev. Act '97, §71. 97-98:272. 
 
 Sale and Foreclosure — Purchaser at 
 
 399. County not to bid at tax sale if 
 actual face debit on the property is 
 bid by an individual. Rev. Law, p. 56, 
 §116. 01-02:287. 
 
 400. Bidder at tax sale to pay all 
 subsequent taxes. 01-02:287. 
 
 Sale and Foreclosure — Time of Posses- 
 sion 
 
 401. Purchaser at tax sale has no 
 right to possession until expiration of 
 redemption period. 97-98:5. 
 
 Sale and Foreclosure — Delinquency 
 
 (See Taxation — Certificates of Delin- 
 quency.) 
 
 County Assessment to State 
 
 402. County assessment to state 
 based on mistaken county valuation 
 does not relieve from state taxes. 
 
 03-04:312. 
 
 -5 / 
 
 XII. Tax Title 
 
 Tax Titles — Deeds — Authority to Make 
 
 403. County treasurer the proper of- 
 ficer to make certificates of transfer 
 of property under tax sale. 97-98:5. 
 
 404. City has no power to take out 
 a certificate of redemption. 15-16:176. 
 
 Tax Titles — Deeds — Form and Contents 
 
 ■ 405. Deed to county at tax sale to 
 be same as to individual. 01-02:287. 
 
 406. "E. D. deputy county treasurer" 
 a valid signing. 07-08:474. 
 
 407. Single tax deed not to follow 
 two separate tracts on foreclosure of 
 two delinquent certificates. Each cer- 
 tificate requires separate deed. Rem.- 
 Bal., § 9269. 13-14:536. 
 
 408. Correction of tax deed for mis- 
 take may be by stipulation of the 
 parties. 01-02:382. 
 
 Tax Titles — Elifect on E]ncumhrances In 
 General 
 
 409. Purchaser acquires contractor's 
 rights under default tax sale of public 
 land contract 01-02:29, 323. 
 
 410. Judgment creditor levying on 
 equity in tide land lot not entitled to 
 deed from the state therefor. 01-02:37. 
 
 411. County foreclosure deeds when 
 the property Is struck off to county 
 are absolute as against local assess- 
 ment liens. I/. '11, ch. 98, |§ 40, 63. 
 
 15-16:81, 13-14:557. 
 
 XIII. Interest 
 Interest and Penalties 
 
 412. Interest coupons on Thurston 
 county court house to bear interest as 
 warrants. 99-00:3. 
 
 413. Penalty for delinquency reduced 
 to five per cent, and registration fee 
 abolished. L. '93, ch. 124, §§ 30, 83, 93, 
 136. 93-94:50. 
 
 414. When funds entitled to propor- 
 tionate parts of penalty and interest — 
 immediately on delinquency. 97-98:258. 
 
 415. "Accrued interest" clause, § 120, 
 Rev. Act 1897, defined. 97-98:252. 
 
 XIV. Inheritance Tax 
 
 416. Inheritance tax on liens. A lien 
 not subject to. L. '07, ch. 217. 
 
 07-08:541. 
 
 417. Inheritance tax does not apply 
 to community half of surviving spouse. 
 
 01-02:11, 420. 
 
114 Digest of the Opinions of the Attorney General 
 
 TAXATION — Continued 
 
 XIV. Inheritance Tax 
 
 418. Inheritance tax applies to chari- 
 table institutions. 01-02:8. 
 
 419. Act not retroactive. 01-02:225. 
 
 XV. Disposition of Collections 
 
 420. Interest and penalties on delin- 
 quent taxes to be paid into current ex- 
 pense fund and not to fund of original 
 tax. 99-00:38. 
 
 421. Interest and penalties collected 
 from delinquent local improvement 
 taxes belong to the creditor city or 
 town and not to the county. L. '11, 
 ch. 98, § 24. 11-12:98. 
 
 422. Penalties on municipal delin- 
 quent taxes collected by county treas- 
 urer to be retained by the county as 
 expense of collection. 93-98:81. 
 
 Contra, 95-96:16. 
 
 423. Penalties on state taxes collect- 
 ed by counties to be accounted for to 
 the state. 97-98:166. 
 
 424. A levy made under a prior act 
 for park purposes, the amount re- 
 ceived may be used as a trust fund for 
 that purpose and no other. 13-14:498. 
 
 425. Discount on taxes to be cred- 
 ited to county current expense fund. 
 
 03-04:44. 
 
 426. Disposition of funds in county 
 tax sale. 01-02:160, 03-04:47. 
 
 427. Interest and penalties on delin- 
 quent taxes to be credited to county 
 current expense fund, not to fund of 
 original tax. 99-00:75. 
 
 428. Return of Clallam county securi- 
 ties authorized in order to "get them 
 into proper shape." 97-98:35. 
 
 429. State Auditor's settlement with 
 counties on old taxes of 1892 to be on 
 the basis of the old county levy. Set- 
 tlement of tax for military purposes to 
 be on county valuation. 99-00:78. 
 
 430. Four per cent commission on 
 state taxes not to be charged by coun- 
 ty treasurer. 91-92:115. 
 
 431. Counties not liable for default 
 state tax. 97-98:194. 
 
 432. Superior court has no power to 
 release a county from liability for 
 state taxes. 97-98:329. 
 
 Words and Flirases 
 
 433. Substitution of "each" for "such" 
 agrees with enrolled bill and is final. 
 Rev. Act '99, §98. 99-00:31. 
 
 434. "Unless secured by real estate" 
 defined. Rev. Act '97, §71. 97-98:272. 
 
 TAXIDERMY 
 
 (See Birds.) 
 
 TELEPHONES 
 
 (See Public Utilities, 4, 
 
 36.) 
 
 Jurisdiction of Public Service Commis- 
 sion 
 
 1. Public service commission has no 
 Jurisdiction over transfer by public 
 service corporation of part of prop- 
 erty to another such corporation, when 
 service not impaired. 15-16:45. 
 
 2. Public service commission has ju- 
 risdiction of mechanical operations of 
 telephone or electrical companies. L. 
 '11, ch. 117. 11-12:223. 
 
 Areas; Taxation, 410, 
 
 TIDE LANDS 
 
 (See Harbor 
 435.) 
 
 Appraisement 
 
 1. No appraisement prior to location 
 of harbor lines. Act of March 26, 1890, 
 § 5. 91-92:74, 75. 
 
 2. To appraise all shore and tide 
 lands in front of Port Townsend, re- 
 gardless of action of harbor line com- 
 missioners, eliminating Straits of Puca 
 frontage from harbor. 91-92:192. 
 
 3. On replat of tide lands with vaca- 
 tion of adjunct private property neces- 
 sitates no reappraisement, but where 
 adjunct to public property reappraise- 
 ment is necessary before a sale 
 thereof. 03-04:64. 
 
 4. No reappraisement of tide lands 
 sold on outstanding contracts. L. '95, 
 p. 554. 95-96:50. 
 
 5. Tide land not to be reappraised 
 after sale and issuance of contract 
 therefor. 03-04:142. 
 
 6. Right to proceed with appraise- 
 ment and sale at public auction of first 
 and second class tide lands within a 
 port district not affected by ch. 169, 
 L. '13. 13-14:258. 
 
 7. Pees for copies of tide land con- 
 test records — general statutory fee of 
 15 cents per folio applies. L. '95, ch. 
 178, §97. 97-98:211. 
 
Digest of the Opinions of the Attorney General 115 
 
 TIDE] liANDS — Contllined 
 Apprul»eineut 
 
 8. Tender of portion of award — ap- 
 plicant awarded several tracts may 
 purchase one only if separately ap- 
 praised. 97-98:211. 
 
 9. Interest on deferred payments on 
 tide land contracts not to be com- 
 pounded. 97-98:169. 
 
 10. Decedent's contract to purchase 
 tide lands to he executed with duly 
 qualiiied heir. 93-94:4. 
 
 11. Abandonment of tide land con- 
 tracts — reappraisem'^nt. See Od.. Dec. 
 6, 1895. , 95-96:51. 
 
 Contract — A ssignm'^nf 
 
 12. Advance deposits on tide land 
 contracts are property of purchaser 
 and assignable to new applicants. 
 
 97-98:226. 
 
 13. Assignment of part interest pro- 
 hibition clause in tide land contract 
 objectionable. 97-98:217. 
 
 Funds 
 
 14. General fund, and not the school 
 fund, is proper beneficiary of proceeds 
 of sale of state tide and oyster lands. 
 
 07-08:8. 
 
 21. Tide land lease not acknowledged 
 by the State Land Commissioner valid 
 if within the other statutory require- 
 ments. Rem. 1915 Code, §§ 6764, 6686, 
 8807. 15-16:351. 
 
 22. Should proceed with sale of first 
 class tide lands located within port dis- 
 trict as ch. 169, L. '13, does not oper- 
 ate to repeal the law relating to sale 
 of tide lands. 13-14:258. 
 
 23. Time for which school and tide 
 lands may be leased, beginning August 
 3, 1901, indicated. 01-02:184. 
 
 24. Prior applications to lease are 
 not such vested rights in tide lands as 
 would preclude the subsequent unin- 
 cumbered conveyance of such lands. 
 
 01-02:129. 
 
 25. Are not subject to lease under 
 provisions of ch. 106 of Laws of 1901 
 relating to leasing of lands for mining 
 and extraction of petroleum and gas. 
 Rem.-Bal., §6791 et seq. 13-14:263. 
 
 26. Railroad right-of-way on Com- 
 mencement bay does not include area 
 lying between the outer harbor line 
 and line of ordinary high water mark, 
 not exceeding six hundred feet width. 
 
 91-92:165. 
 
 15. Effect of repeal on segregated 
 funds — reverts such moneys to the gen- 
 eral fund of state. 97-98:205. 
 
 16. Page 263, L. '97, repeals act of 
 March 26, 1890, creating tide land fund. 
 
 97-98:202. 
 
 17. Funds received for sale of tide 
 lands since March 15, 1897, vest in gen- 
 eral funds of state. 97-98:197. 
 
 IS. Investment of tide land funds in 
 general fund warrants directed. 
 
 97-98:145, 190, 192. 
 Lease 
 
 19. The law vesting port commis- 
 sions with power to lease harbor areas 
 within port districts does not divest 
 the land commissioner of power to sell 
 first class tide lands located therein. 
 L. '13, ch. 169. 13-14:258. 
 
 20. Commissioner of Public Lands 
 has no authority to execute leases to 
 the bed of Puget Sound below the line 
 of extreme low tide for purpose of 
 mining and extracting petroleum and 
 natural gas therefrom. 13-14:230. 
 
 27. Second class tide lands may be 
 disposed of for purpose of oyster cul- 
 tivation. 01-02:295. 
 
 28. Tide lands in Indian reservation 
 not conveyable by state. 01-02:296. 
 
 29. Sale of detached second class tide 
 lands to be advertised. Bal. Code, 
 §§2178-9. 01-02:292. 
 
 30. Statute appropriating tide lands 
 theretofore leased by the state to a 
 private individual unconstitutional as 
 an impairment of existing contract. 
 
 01-02:263. 
 
 31. No authority to lease submerged 
 tide lands not platted or appraised. 
 
 01-02:282. 
 
 Sale 
 
 32. "Leasing" sections of act held not 
 to preclude sale of tide lands after 
 March 1, 1896. Act of March 26, 1895, 
 ch. 178. 95-96:57. 
 
 33. Legal claim necessary to warrant 
 interference in determining preemption 
 right of purchase. 95-96:23. 
 
116 Digest of the Opinions of the Attorney General 
 
 TIDE LANDS — Continued 
 Sale 
 
 34. Failure to appraise within ninety 
 days does not invalidate acts of tide 
 land board subsequent thereto. L. '89, 
 p. 433, § 5. 95-96:9. 
 
 35. Shore lands which were sold as 
 shore lands of the second class do not 
 lose that classification by reason of 
 extension of city or town limits to in- 
 clude them. L. '13, ch. 183, § 1. 
 
 13-14:122. 
 
 36. Applications for preference right 
 to purchase first class tide lands under 
 § 6763, Rem.-Bal., need not be accom- 
 panied by payment of one-tenth of the 
 appraised value. 13-14:93. 
 
 37. The special deposit required by 
 § 6661, Rem.-Bal., cannot be demanded 
 on a preference right application to 
 purchase tide lands under § 6750, Rem.- 
 Bal. 13-14:93. 
 
 38. Publication of notice of sale — five 
 publications necessary. 01-02:58. 
 
 39. Forfeiture of right to purchase — ■ 
 contingent upon payment of one-tenth 
 purchase price within thirty days. 
 
 97-98:216. 
 
 40. A grant of the right to overflow 
 state lands precludes a second grant 
 while the first is in full force and ef- 
 fect. Rem.-Bal., %% 6828, 6830. 
 
 13-14:404. 
 
 41. Sale by the state of tide lands 
 erroneously classified as third class 
 vests title in the purchaser in the ab- 
 sence of fraud, notwithstanding a sub- 
 sequent survey shows they belong in a 
 higher classification. 13-14:49. 
 
 42. Sale of tide lands appropriated 
 by boom and raft companies to be sub- 
 ject to rights of such companies. 
 
 01-02:105. 
 
 43. Abutting upland owner may not 
 require condition to sell contiguous 
 tide lands by parcel for his conveni- 
 ence of purchase. 01-02:16. 
 
 44. Tide lands sold not subject to 
 subsequent oyster bed exploitation by 
 third persons. 01-02:153, 158. 
 
 45. The auction sale price of second 
 class tide lands between lines of low 
 and extreme low tide is not less than 
 
 $5.00 per lineal chain. Rem.-Bal., 
 § 6761. L. '11, ch. 36, § 2. 13-14:432. 
 
 46. Tide lands outside corporate 
 limits on which city streets are ex- 
 tended not subject to sale by the state. 
 Const, art. XV, I 3. 01-02:237. 
 
 47. Jurisdiction of United States gov- 
 ernment of shore in front of military 
 reservations. L. '89, p. 428. 91-92:199. 
 
 48. Title to strips of land lying be- 
 tween meander line and line of ordi- 
 nary high tide rests in Federal govern- 
 ment, state's title being bounded by 
 the line of ordinary high tide. 01-02:4 
 
 49. Alienation clause of twenty-five 
 year restriction on Indian lands does 
 not apply to tide lands of which the 
 Indian may be abutting upland owner. 
 
 99-00:212. 
 
 Grantee, Rights Against Third Persons 
 
 50. Tide land owner holding from 
 the state may exclude all fishery tres- 
 passers. 99-00:46. 
 
 51. Tide lands of Columbia river not 
 within provisions of condemnation act. 
 
 99-00:32. 
 
 52. Persons owning second class tide 
 lands have an exclusive right to hunt 
 upon the navigable waters covering 
 such tide lands. 13-14:360. 
 
 53. Grantee of state has no right to 
 take seaweeds on second class tide 
 lands. L. '11, ch. 36. 11-12:272. 
 
 Priorities 
 
 54. Rules for the division of tide 
 lands among preferred upland owners 
 indicated. 07-08:13. 
 
 55. Priority to upland owner, or his 
 grantee, and owner of improvements 
 on tide lands. L,. '89, p. 435, § 11. 
 
 91-92:185. 
 Survey and Plat 
 
 56. Area to be described by metes 
 and bounds. 01-02:282. 
 
 57. Correction of plat of Seattle tide 
 lands. Cannot be paid for in absence 
 of specific statutory appropriation. 
 
 97-98:222 
 
 58. For survey of tide lands salary 
 of A. J. GilUs not allowable in ab- 
 sence of authority in state land com- 
 mission to employ him. 93-96:65. 
 
Digest of the Opinions of the Attorney General 111 
 
 TIDE} LANDS — Continued 
 Survey and Plat 
 
 59. Act of March 15, 1893, relating' 
 to survey of tide lands oi state un- 
 constitutional as embracing more than 
 one subject in the title. Const., art. 
 II. §19. 93-94:65. 
 
 Taxation 
 
 60. Oyster beds being interests in 
 tide lands, the bases of such beds are 
 taxable, but tide lands themselves are 
 not. 97-98:7. 
 
 TIMBER 
 
 (See Public Lands, 17, 25, 27, 65, 68- 
 70, 78; Taxation, 110, 115, 202, 203, 228, 
 239, 281, 339, 389.) 
 
 TITIiE GUARANTY COMPANIES 
 
 (See Trust Companies, 1, 2.) 
 
 TOWNSHIPS 
 
 (See Highways, 10; Taxation, 2, 48, 
 300.) 
 
 1. Petition for township organization 
 must be presented to county commis- 
 sioners thirty days before the date of 
 a general election, excluding that day. 
 Rem.-Bal., §9322. 13-14:531. 
 
 2. Division of townships with respect 
 to population and natural features by 
 county commissioners detailed. Rem.- 
 Bal., §§9326, 9330. 07-08:21. 
 
 3. It is unlawful for township ofHoers 
 to enter into contracts with or to per- 
 form labor for townships except as 
 provided in § 5, ch. 142, L. 1913. 
 
 13-14:111. 
 
 4. Townships are not authorized to 
 license or regulate pool and billiard 
 halls. L. '09, ch. 112. Rem.-Bal., 
 §7021. 11-12:199. 
 
 TRADE MARKS 
 
 1. Filing and recording of trade 
 marks. 01-02:22. 
 
 2. Right of "The Rex Dental Com- 
 pany" to register. 09-10:235. 
 
 3. A newspaper is "goods, wares and 
 merchandise" within the trade mark 
 act. ("Votes for Women.") P. C, 
 §8886. 09-10:196. 
 
 TRADING STAMPS 
 
 Coupons Redeemable in Cash 
 
 "Goods, wares and merchandise" 
 within the act does not include 
 coupons redeemable in cash. L. '13, 
 ch. 134, § 1. 15-16:282. 
 
 TREASURER, COUNTY 
 
 (See Fees, 94-96.) 
 
 1. Personal sureties on county treas- 
 urer's bond to be residents of ofHcer's 
 county. 97-98:171. 
 
 2. Treasurers are required to exam- 
 ine the tax rolls for encumbrances at 
 the reasonable " request of interested 
 persons, and are liable for failure to 
 exercise due care. 15-16:303. 
 
 3. Treasurer or deputy are on same 
 footing aS sheriffs or constables in ex- 
 ecuting process. Rev. Act of '97, § 75. 
 
 97-98:12. 
 Deputy — Bonds 
 
 4. Cannot require the counties where- 
 in they are employed to pay the pre- 
 miums on their official bonds. Rem.- 
 Bal., § 3939. D. '13, ch. 49. 
 
 13-14:155, 13-14:331. 
 
 5. Official bond of county treasurer 
 not a. cause of action. Statute of limit- 
 ations of action thereon governed by 
 collateral action for malfeasance or 
 misfeasance. 95-96:47. 
 
 TREASURER, STATE 
 
 Additional bond is not required of 
 the State Treasurer as treasurer of 
 the State College. 15-16:95. 
 
 UNDERTAKERS 
 
 1. Board of health to regulate trans- 
 portation of dead bodies, licensing of 
 embalmers, etc. L. '01, p. 236, § 1. 
 
 01-02:336. 
 
 2. Undertakers' examination fees to 
 be disposed of by state board of health. 
 
 03-04:159. 
 TRUST COMPANIES 
 Abstract Companies 
 
 1. Abstract companies insuring titles 
 to be incorporated under trust com- 
 pany act. L. '07, ch. 126, subd. 19. 
 
 07-08:244. 
 
 2. Abstract companies not a, trust 
 company within the statutory prohibi- 
 tion. Op., Oct. 2, 1907. 09-10:6. 
 
 Banking Business 
 
 3. Trust companies are included 
 within the bank act. Rem.-Bail., §3315. 
 
 11-12:278. 
 
 4. Trust company doing principally 
 banking business is prohibited from 
 holding stock of another bank. Rem.- 
 Bal., §§ 3324, 3315. 09-10:223. 
 
118 Digest of the Opinions of the Attorney General 
 
 TRUST COMPANIES — Continued 
 Bunking Buslnesis 
 
 5. Trust company with incidental 
 banking not "doing business" under 
 ch. 147, L. -13. 11-12:257. 
 
 6. Effect of the banking acts of 1903 
 and 1907 upon pre-existing trust com- 
 panies indicated. L. '09, ch. 195. 
 
 11-12:59, 257. 
 
 7. A corporation organized as a state 
 bank pursuant to the banking act of 
 this state cannot by amendment be- 
 come a, trust company. Rem.-Bal., 
 §§3346, 3349, 3361. 13-14:408, 
 
 03-04:279, 07-08:126, 171; 
 11-12:59, 125, 257, 278. 
 
 8. Status of trust companies organ- 
 ized prior to 1903 indicated. 09-10:128. 
 
 9. Powers of a trust company cannot 
 .be increased by amendment of Its ar- 
 ticles subsequent to legislation affect- 
 ing the same. Rem.-Bal., § 3346 et 
 seq. 11-12:59. 
 
 10. Trust companies included within 
 the bank act. Rem.-Bal., § 3315. 
 
 11-12:278. 
 
 11. Trust companies are banks with- 
 in the prohibition of one bank pur- 
 chasing the stock of another. Rem.- 
 Bal., §3315. 11-12:257, 258. 
 
 Safe Deposit Business 
 
 12. Duly qualified trust company may 
 conduct safe deposit business. 
 
 07-08:126. 
 Stockholders 
 
 13. Qualifications of stockholders of 
 trust company indicated. 07-08:403. 
 
 14. "Cumulative" method of voting is 
 not allowable in the absence of statu- 
 tory permission. Rem.-Bal., § 3346- 
 3362. 11-12:356. 
 
 Korelgrn Companies 
 
 15. Foreign trust companies whose 
 articles comply with the law for do- 
 mestic trust companies may be ad- 
 mitted. Rem.-Bal., § 3346 et seq. 
 
 11-12:346. 
 UNITED STATES 
 
 (See Militia, 13; Taxation, 237; Tide 
 Lands, 47, 48.) 
 
 UNITED STATES SENATOUS 
 
 (See Elections, 36, 74.) 
 
 UNIVERSITY OF WASHINGTON 
 
 (See Regents.) 
 
 Officers 
 
 1. "Maintenance fund" of university 
 subject to expenditure for land agent. 
 
 09-10:114. 
 
 2. Registrar of state university has 
 no authority to lobby at Olympia at 
 expense of the state. 97-98:66. 
 
 Expenditures 
 
 3. Pipe organ may be installed in 
 auditorium from legislative appropri- 
 ation. , 07-08:522. 
 
 4. Regents may insure university 
 buildings. 03-04:320. 
 
 5. Reporter's claim in case involving 
 University of Washington, defended by 
 Attorney General, allowable. 
 
 97-98:167. 
 Fees — Library 
 
 6. State university library facilities 
 are included in the term "tuition" and 
 are therefore free. Rem.-Bal., § 4317. 
 
 11-12:88. 
 
 7. Proceeds of fees to be expended 
 by regents and not deposited in state 
 registry. L. '90, pp. 397-399. L. '93, 
 §11. L. '97, p. 429. 03-04:256. 
 
 Inheritance Tax 
 
 8. Legacies bequeathed to the state 
 university are not subject to the in- 
 heritance tax. Rem.-Bal., §§ 9182-9199. 
 L. 11, ch. 19. 15-16:238. 
 
 Printing 
 
 (See Printing, State, 14, 22.) 
 
 9. To be printed exclusively by state 
 printer. L. '93, p. 214, §1. 97-98:81. 
 
 Tuition 
 
 10. Appointment of free student by 
 legislature repealed. 91-92:22. 
 
 11. Section 6, House bill 470, 1893, 
 providing "free tuition" an emergency 
 act effective on approval. 93-94:15. 
 
 VACCINATION 
 
 (See Opinion Feb. 20, 1902, Jan. 18, 
 1902.) 
 
 VESSELS 
 
 (See Taxation, 122; Workmen's Com- 
 pensation Act, 4.) 
 
Digest of the Opinions of the Attorney General . 119 
 
 VBSSBIiS — Continued 
 Inspection of 
 
 1. Laws of 1907 relating to marine 
 inspection not repealed by Laws of 
 1911 creating public service commis- 
 sion. 11-12:22. 
 
 2. Rules governing Federal inspec- 
 tion of vessels indicated. 07-08:136. 
 
 3. Rpwboats propelled by detachable 
 engines are "vessels operated by ma- 
 chinery" within the meaning of § 8215, 
 Rem.-Bal. 15-16:79. 
 
 4. "Five gross tons" as applied to 
 vessels defined. 11-12:132. 
 
 VETERIIVARIAIV, STATE 
 
 (See Animals, 1.) 
 
 1. Compensation of deputies of state 
 veterinarian. Op., July 5, 1901. 
 
 01-02:354. 
 
 2. No appropriation for salary of as- 
 sistants to state veterinarian. 
 
 01-02:111, 343. 
 
 3. Membership on board of health 
 may be amended without reference to 
 the title of act amended. L. '95, oh. 
 167, § 1. 95-96:37. 
 
 4. State veterinarian has concurrent 
 jurisdiction with state board of health 
 regulating diseased cattle. L. '95, ch. 
 167, § 1. 95-96:37. 
 
 VETERINARY STJRGBOIVS 
 
 1. Veterinary surgeon not author- 
 ized to issue liquor prescriptions. 
 Rem.-Bal., §§ 6307, 6308, 8426. 
 
 15-16:95. 
 
 2. Traveling expenses of a member 
 of the state board of veterinary ex- 
 aminers in attending meetings of the 
 National Veterinary Association are 
 not payable from the appropriation for 
 the state board. Rem.-Bal., § 8438, as 
 amended; L. '13, ch. 79. 13-14:188. 
 
 3. Form of horseshoer's certificate 
 approved. L. '01, p. 116. 01-02:299. 
 
 Examinations of 
 
 4. Diploma from accredited college 
 granted prior to 1908 entitles to cer- 
 tificate. L. '07, ch. 124, §4. 09-10:222. 
 
 5. A graduate veterinarian failing to 
 apply for registration prior to July 1, 
 1907, must pass an examination in or- 
 
 der to practice. 
 8435. 
 
 Rem.-Bal., §§ 8429, 
 13-14:377. 
 
 VITAL STATISTICS 
 
 (See Health, 18, 19.) 
 
 City Clerk as Registrar 
 
 Appointment of city clerk as regis- 
 trar of vital statistics not authorized. 
 L. '07, ch. 83. 07-08:169. 
 
 WAREHOUSES 
 
 (See Insurance, 6; Public Service, 3, 
 13 Weights and Measures, 4, 5.) 
 
 WARRANTS 
 
 (See Appropriations, 6; Schools and 
 School Districts, 239, 249-257.) 
 
 Issuance 
 
 1. No warrant to be issued within 
 ten days after allowance by board of 
 county commissioners. 09-10:184. 
 
 2. State Auditor to issue warrants 
 upon investment funds on presentation 
 of certificate of purchase. 97-98:149. 
 
 3. "Promptly" as applied to county 
 auditor's duty of issuing auditing pub- 
 lic account expense warrants defined. 
 Amended L. '11, ch. 30, § 1. Rem.-Bal., 
 I 8356. 11-12:128. 
 
 Numbering 
 
 4. Duty of school district clerk to 
 number school district warrants. Bal. 
 Code, § 437. 03-04:292,303. 
 
 Registration 
 
 5. Permissible registration of war- 
 rants before delivery to payee. 
 
 01-02:75. 
 
 6. Warrants of first and second class 
 districts to be registered by county 
 auditor and treasurer before delivery. 
 L. '11, ch. 78, §1, subd. 1. 11-12:90. 
 
 Payment 
 
 7. Appropriations out of general 
 funds to satisfy warrants on univer- 
 sity funds does not defeat right of 
 holder of warrants to payment out of 
 any university moneys. 99-00:70. 
 
 8. Warrants issued against state 
 shore land improvement funds to be 
 paid before repayment of advances 
 from general fund. L. '15, ch. 48, § 4. 
 L. '13, ch. 149. 15-16:86. 
 
120 Digest of the Opinions of the Attorney General 
 
 WARRANTS — Continued 
 Payment 
 
 9. Insufficiency of salary fund re- 
 quires transfer from general fund. 
 
 97-98:280. 
 
 10. Conversion of the current ex- 
 pense fund into the general fund does 
 not invalidate warrants issued against 
 the current expense fund subsequent 
 to March IS, 1913, and they are pay- 
 able from the general fund in the or- 
 der of their issue. 13-14:498. 
 
 11. No statutory time limit for the 
 presentation of warrants after call. 
 
 03-04:183. 
 
 12. If county treasurer fails to pay 
 warrant when presented, having funds 
 available therefor and erroneously 
 marks warrant "Not paid for want of 
 funds," he is liable on his official bond 
 for accumulated interest. 13-14:72. 
 
 Preferred 
 
 13. Salary warrants prior to Febru- 
 ary 1, 1898, preferred to general fund 
 warrants prior issue. 97-98:323. 
 
 Interest 
 
 14. The statutory authority for pay- 
 ment of semi-annual interest on shore 
 land improvement warrants does not 
 constitute an agreement to pay com- 
 pound interest. L,. '13, ch. 149, § 3. 
 
 13-14:267. 
 
 15. The act of 1913 authorizing six 
 per cent interest on shore land im- 
 provement fund warrants "hereafter 
 drawn" refers to the date of taking 
 effect of the law, and operates as a 
 repeal of the Ave per cent rate pro- 
 vided by act of 1909. L. '13, ch. 149, 
 §3. L. '09, ch. 218. 13-14:123. 
 
 16. Eight per cent interest on state 
 warrants except where less rate is pro- 
 vided by statute. 95-96:41. 
 
 17. Warrants "not paid for want of 
 funds" bear interest from date of pre- 
 sentment. 99-00:66. 
 
 AHslgnment 
 
 18. Auditor should not indorse a war- 
 rant that it is payable to the assignee. 
 
 15-16:165. 
 
 19. Auditor may deliver warrants 
 upon order of the payee. 15-16:165. 
 
 Legal Tender 
 
 20. General fund warrants are not 
 legal tender to be offered in payment 
 of county property. 91-92:172. 
 
 Actions on 
 
 21. School warrants are vsrritten in- 
 struments within the statute of limi- 
 tations. Rem'.-Bal., §§ 3947, 165, 3945, 
 3949. 11-12:51. 
 
 WATERS AND WATER COURSES 
 
 (See Navigable Waters; Public 
 Lands, 119; Sewers; Taxation, 251.) 
 
 WATERWAYS 
 
 (See Public Lands, 48, 59.) 
 
 1. Contracts on bays, etc., contiguous 
 to settlements. Areas beyond estab- 
 lished harbor lines subject to extension 
 of municipal streets. 97-98:237. 
 
 2. "Dock" as improvement defined. 
 Includes excavation for a dock. 
 
 97-98:224. 
 
 3. Excavating waterways and raising 
 tide lands subject of one contract as 
 being mutually dependent. L. '93, ch. 
 99, p. 243, § 4. 97-98:214. 
 
 WEEDS, NOXIOUS 
 
 (See Commissioners, County, 26; 
 Taxation, 365.) 
 
 Assessments for cutting noxious 
 weeds draw interest from date of de- 
 linquency and at the same rate as 
 other taxes. L. '13, ch. 106, § 5. Hem.- 
 Bal., § 9218. 13-14:298. 
 
 WEIGHTS AND MEASURES 
 
 (See Public Service, 37, 38.) 
 
 1. A combination of city and county 
 sealer of weights and measures in the 
 same person is authorized, but where 
 a, city of the first class has its own 
 sealer, he alone can be chosen for the 
 combined duties. L. '13, ch. 52, § 5. 
 
 13-14:349. 
 
 2. Bread of other than standard sizes 
 for whole, half and quarter loaves can- 
 not be lawfully sold unless the true 
 net weight is plainly marked. L. '13, 
 oh. 52, §9. 13-14:168! 
 
 3. Public service commission has no 
 authority to inspect private scales 
 other than railroad track scales. L. 
 '11, ch. 117, § 19. Op., March 12, I912! 
 
 11-12:267. 
 
Digest of the Opinions of the Attorney General 121 
 
 WEIGHTS AND MEASURES — Cont. 
 
 4. Scales In public warehouses sub- 
 ject to Laws of 1909, p. 519, are not 
 subject to inspection law 1909, p. 266. 
 
 09-10:162. 
 
 5. Warehouseman handling small 
 grain shipments incidentally not re- 
 quired to maintain licensed scales. 
 
 95-96:22. 
 
 WHARVES 
 
 (See Oysters, 13; Public Utilities, 5.) 
 
 WITNESSES 
 
 (See Fees, 97-104; Legislature, 6.) 
 
 WOMEN 
 
 (See Eight Hour Law; Industrial 
 Welfare; Master and Servant, 3-10; 
 Mothers' Pensions; Naturalization; No- 
 tary Public, 9; Officers, 24-26.) 
 
 WORK AND liABOR 
 
 (See Eight-Hour Law.) 
 
 W^ORKMEN'S COMPENSATION LAW 
 Nature and Extent 
 
 1. Retail meat markets operating 
 power-driven sausage machines are 
 "workshops" within the extra-hazard- 
 ous enumeration. L. '11, ch. 74, §§ 2, 3. 
 
 15-16:280. 
 
 2. Field inspectors of the public serv- 
 ice commission are not employees 
 within the meaning of the act. 
 
 13-14:262, 258. 
 
 3. Workmen employed on govern- 
 ment reservation or upon government 
 buildings erected by private contrac- 
 tors are not within the act. 11-12:141. 
 
 4. Steamers navigating United States 
 waters though exclusively in intra- 
 state commerce, are not within the 
 act. L. '11, ch. 74. 11-12:155. 
 
 5. A contractor engaged in construc- 
 tion work on an interstate railway 
 bridge must pay the premiums to the 
 industrial accident fund required by 
 L. '11, ch. 74, since his employees are 
 not engaged in interstate commerce 
 within the meaning of 35 Stat. 65. 
 
 13-14:35. 
 
 6. Workmen employed in the state 
 but injured outside of the state are 
 not entitled to compensation. Work- 
 men's Compensation Act, §§ 2, 3, 18. 
 
 15-16:115. 
 
 7. Inspectors employed in inspecting 
 the products of certain factories at the 
 instance of a third person or corpora- 
 tion are not "workmen" within the 
 act. L. '11, ch. 74. Rem.-Bal., § 6604-B. 
 
 15-16:330. 
 
 8. Apprentices are employees within 
 scope of workmen's compensation act 
 and if injured would be entitled to 
 compensation under that law. 
 
 13-14:540. 
 
 9. Cooks and flunkies in a, logging 
 camp are not within the terms of the 
 workmen's compensation law, unless 
 they and the employer jointly elect 
 that its provisions shall apply. L. '11, 
 ch. 74, §§4, 19. 13-14:328. 
 
 10. Men employed to cut cordwood 
 at so much per cord, furnishing their 
 own tools and boarding to suit them- 
 selves, are employees engaged at piece 
 work. 13-14:461. 
 
 11. An irrigation company engaged 
 in the construction of a canal and 
 operation of a stone crusher is an em- 
 ployer engaged in extra-hazardous 
 work. L. '11, oh. 74, §§ 2, 3, 4, 6. 
 
 13-14:467. 
 
 12. A person hauling logs for a lum- 
 ber company with his own equipment 
 for a certain price per thousand, the 
 company having no jurisdiction over 
 him, is not an employee within the 
 workmen's compensation law. 
 
 13-14:316. 
 
 13. Act does not apply to state coal 
 mine inspector or his deputies. L. '11, 
 ch. 74. 13-14:262. 
 
 14. Private contractors drilling oil 
 wells on Indian reservations come 
 within the provisions of the Indus- 
 trial Insurance Act. L. '11, ch. 74. 
 Const., art. 26. 13-14:302. 
 
 15. State reformatory erecting build- 
 ings by day labor is required to pay 
 proper premium upon the pay roll of 
 the workmen. L. '11, ch. 74, § 17. 
 
 13-14:281. 
 
 16. Men working in the car shops, 
 barns and power plant of an inter- 
 state and intrastate street car line, 
 and whose connection with work for 
 the two lines cannot be separated and 
 distinguished, do not come within the 
 Workmen's Compensation Act. L. '11, 
 ch. 74, § 18. 13-14:441. 
 
122 Digest of the Opinions of the Attorney General 
 
 WORKMEN'S COMPENSATION LiAW — 
 
 Continued 
 Nature and Extent 
 
 17. The legal age at which minors 
 may be employed is, in the case of 
 males, fourteen years and over, and in 
 the case of females, sixteen years and 
 over — with the exception that all un- 
 der the age of fifteen require certifi- 
 cate excusing from school attendance. 
 Rem.-Bal, §§2447, 4715. 13-14:156. 
 
 Dependency — IVhat Constitutes 
 
 18. Orphan daughter of a deceased 
 worliman is not a dependent within 
 the meaning of the act. L. '11, ch. 74. 
 
 15-16:271. 
 
 19. Divorce does not affect the right 
 of the children to allowance for the 
 death of their father. L. '11, ch. 74, 
 §5. 11-12:269. 
 
 20. Alien non-resident dependents of 
 alien workman are not within the 
 "equal protection w^ith natives" clause 
 of a treaty, entitling them to compen- 
 sation under the act. L. '11, ch. 74, 
 §3. 11-12:361. 
 
 21. Divorced wife, supported by ali- 
 mony, is not^ a dependent within the 
 act. L. '11, ch. 74, §5. 11-12:268. 
 
 22. On remarriage of a widow draw- 
 ing monthly compensation of $35 for 
 herself and children-, the rate is re- 
 duced to $15, although there are more 
 than three children. L. '11, ch. 74, § 5 
 (a) (1). 13-14:142. 
 
 23. A widow with an adopted child 
 prior to her second marriage is not 
 entitled to compensation on account of 
 such minor child on the fatal injury 
 of her husband. 13-14:547. 
 
 24. An allowance for a minor child 
 granted under the Worltmen's Com- 
 pensation Act on account of the total 
 temporary disability of the father 
 should be discontinued on the death 
 of such child. L. '13, ch. 148, § 5, 
 subd. 4. 13-14:460. 
 
 Clnfms, Settlement of 
 
 25. Computation for a, permanent to- 
 tal disability, where a previous lump 
 settlement has been made, detailed. 
 
 15-16:259. 
 
 26. Lump and partial payments for 
 total disability under the act indi- 
 cated. L. '11, ch. 74. 11-12:176. 
 
 27. Life expectancy of widows and 
 partial and lump payments thereon in- 
 dicated. L. '11, ch. 74. 11-12:183. 
 
 28. A workman compensated by the 
 industrial insurance commission for an 
 injury is estopped to bring an action 
 against his employer on the ground 
 that his occupation was a non-hazard- 
 ous one. L. '11, ch. 74, §§ 4, 19. 
 
 13-14:328. 
 
 29. Limitation of sixty per cent held 
 not to reduce the compensation due 
 under subd. 6, § 5, ch. 74, L. '11 
 
 15-16:48. 
 Funds 
 
 30. Separate funds of non-hazardous 
 contributions authorized. L. '11, ch. 
 74. 11-12:139. 
 
 31. Funds of a given class depleted 
 by payments are subject to warrant 
 indorsed by State Treasurer, "Not paid 
 for want of funds." 11-12:215. 
 
 32. Vouchers to State Auditor for 
 payment of claims allowed by the in- 
 dustrial insurance commission may be 
 certified by one member of the board, 
 if concurred in by two members in ac- 
 cordance with Laws of 1911, ch. 74, 
 §26. 13-14:31. 
 
 Nature of Employment — Hazard 
 
 33. General principles for determin- 
 ing the hazard of a given enterprise 
 indicated. L. '11, ch. 74. 11-12:133. 
 
 34. Classification of employee to be 
 determined by the preponderance of 
 the hazard of his employment, segre- 
 gating degrees of hazard when pos- 
 sible. L. '11, ch. 74. 11-12:133, 373. 
 
 Fremlnms 
 
 35. Conditions under which an em- 
 ployer may become a beneficiary of 
 the act indicated. L. '11, ch. 74, § 19. 
 
 11-12:332. 
 
 36. iSxcess premium payments by a 
 going concern to be credited and off- 
 set against subsequent assessment. L. 
 '11, ch. 74, §§4, 26, 29. 11-12:185. 
 
 37. Non-payment of interest on de- 
 linquent assessment under §§ 1 and 3, 
 ch. 188, L. '15, renders employer in 
 default in full. 15-16:132. 
 
 38. Money paid as premium on non- 
 hazardous employment should be con- 
 
Digest of the Opinions of the Attorney General 123 
 
 WORKMEN'S COMPENSATION LAW — 
 
 Continued 
 Premiums 
 
 sidered as excess payment and re- 
 funded or credited to the account of 
 the employer where there has been no 
 joint election by employer and em- 
 ployee to come under the Workmen's 
 Compensation Law. Op., Jan. 9, 1912. 
 
 13-14:328. 
 
 39. Road work done by contract on 
 national forest reserves should be 
 listed for the purpose of collecting 
 premiums under the Workmen's Com- 
 
 pensation Act. L. '11, oh. 74. U. S. 
 Const., art. I, § 8, clause D. 
 
 13-14:542, 11-12:141. 
 WORLD'S FAIR 
 
 1. Compensation of World's Fair 
 Commission limited to $100 per annum 
 for expenses. D. '91, p. 205, % 3. 
 
 91-92:171. 
 
 2. "Appropriation bill" defined. Ef- 
 fect of appropriation clause in general 
 statute is incidental to such statute 
 and does not make it an "appropria- 
 tion bill" in full meaning of the term. 
 
 91-92:108.