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Defining the crime of rape (chap. 19, p. 19, approved February 24, 1897).Amends section 28 of the Penal Code so as to read as follows:
SEC. 28. A person shall be guilty of rape who
1. Shall, by force and against her wils, ravish and carnally know any female of the age of eighteen years or more;
2. Shall, by deceit, deception, imposition, or fraud induce a female to submit to sexual intercourse;
3. Shall carnally know any female child under the age of eighteen years.
SEC. 2. Any person convicted of the crime of rape, as defined by section 1 of this act, shall be punished by imprisonment in the penitentiary for life or any term of years. NOTE.-Former age 12 or more; penalty unchanged.
Disease among sheep (chap. 26, p. 25, approved February 26, 1897):-A substitute for act approved February 2, 1888. Provides for the inspection and quarantine of diseased sheep, and describes manner of inspection, and forbids the introduction of sheep into the State infected with the scab or other contagious or infectious diseases.
Section 11 makes it a misdemeanor for owners to neglect to quarantine their sheep or treat them for the cure of such disease, and for each day of neglect after a tendays' notice they shall be guilty of a separate misdemeanor.
ŠEC. 16. Penalty for violation of act, $50 to $500.
Bureau of labor (chap. 29, p. 34, approved March 3, 1897).-Creates a bureau of labor, defines its duties, and appropriates money for its maintenance.
Sec. 4. Neglect to attend or testify at the time and place named in the subpæna a misdemeanor: Penalty, $25 to $100 or imprisonment in county jail not exceeding thirty days.
SEC. 5. Officers of the bureau are authorized to enter into factories, mills, mines, workshops, etc., for the purpose of gathering facts and statistics. Refusal to allow an inspector or agent of the bureau to so enter, a misdemeanor: Penalty, $25 to $100 or imprisonment in county jail not to exceed ninety days for each offense.
Registration of voters in school elections (chap. 32, p. 40, approved March 4, 1897).-Provides for the registration of voters in all school elections in school districts having a population of 10,000 or more inhabitants and regulating elections in such districts.
Sec. 10. Falsely swearing or falsely personating another a felony: Penalty, confinement in the penitentiary one to five years.
SEC. 12. If any person duly registered is challenged it shall be the duty of the judges of elections to examine the challenger and any witnesses that produced on oath touching the right of such elector to vote. False swearing shall be deemed perjury and subject to its pains and penalties.
Relating to recalcitrant witnesses (chap. 33, p. 46, approved March 6, 1897).Any person failing to attend or to testify before any committee of either the house or senate of the State of Washington, or both, or refuse to produce papers or documents as required, shall be guilty of a misdemeanor: Penalty, not exceeding $500, imprisonment in county jail not longer than six months, or by both.
Protection of certain manufacturers (chap. 38, p. 50, approved March 6, 1897).An act to protect manufacturers, bottlers, and dealers in ale, porter, lager beer, soda, mineral waters, and other beverages from the loss of their casks, barrels, kegs, bottles, and boxes. Owners of such may file in the office of the secretary of state and in the office of the auditor of the county in which such articles are manufactured, bottled, or sold a description of names or marks used by them. The description is to be printed for six successive weeks in daily or weekly newspapers. It is made unlawful to fill such bottles, casks, etc., with beverages for sale, or to destroy, sell, or traffic in such bottles, etc. Violation, misdemeanor: Penalty, $5 for each cask, barrel, keg, or box, and 50 cents for each bottle bought, sold, used, or wantonly destroyed, together with the costs of suit for first offense. For each subsequent offense, $1 for each bottle and $10 for the other vessels mentioned.
Sec. 3. The use or possession without written permission of rightful owner prima facie evidence of unlawful possession.
Electric meters and wires (chap. 41, p. 54, approved March 6, 1897).-Prohibits unauthorized interference with electric meters, wires, and cables. Violation, misdemeanor: Penalty, $10 to $100 or imprisonment in county jail not more than ninety days, or both.
Protection of coal miners (chap. 45, p. 58, approved March 6, 1897).-An act for the protection of persons working in coal mines revises previous legislation in various directions.
Section 4 provides that every mine shall be divided into districts or splits, but not more than 75 persons shall be employed at any one time in each district or split, and provides for the ventilation of each split by a separate and distinct current of air.
SEC. 6. Owner employing less than 10 men shall give notice to inspector. Such mines not subject to the provisions of this act. No coal mine shall be considered a coal mine for the purpose of enumeration in a district to increase the number of inspectors unless 10 men or more employed: Penalty for failure of owner or agent to comply with this provision, fine $20 to $100, with additional penalty of $5 per day for each day said notice is neglected to be given.
Section 7 punishes infringements of the act according to secs. 2232 and 2238 of vol. 1, Hill's Code.
NOTE.-Section 2232, Hill's Code, declares certain offenses misdemeanors: Penalty, $50 to $200 or imprisonment three months to six months. Section 2238, Hill's Code: Penalty for violating any provisions of the act of 1891 from $200 to $500.
Relating to trade-marks (chap. 47, p. 65, approved March 9, 1897).—This act takes the place of act of March 7, 1891. It protects the trade-marks of any person or of associations or unions of workingmen. The imitation or counterfeiting of such labels or trade-marks is made unlawful: Penalty, fine of not more than $100 or imprisonment not more than three months. The same penalty is imposed for the making of any fraudulent representation to procure the filing of said trade-mark, or for the unauthorized use or display of the genuine label, or for the use of the name or seal, or for defacing or removing label or trade-mark. Note.-Former penalty, fine in any sum not more than $500.
Highways for bicyclists and pedestrians (chap. 53, p. 89, approved March 11, 1897). –The county commissioners of any county may set aside public highways not less than 4 feet wide for the exclusive use of bicyclists and pedestrians.
SEC. 2. It is made a misdemeanor to trespass upon any such side path by driving horses, cattle, or wagons thereon, or obstructing or damaging such path: Penalty, 85 to $50.
Insurance (chap. 65, p. 105, approved March 13, 1897).-An act to regulate and control insurance companies. Aiends previous legislation.
Section 1 makes it unlawful for any insurance company doing business in the State to write or place policies except through duly authorized agencies doing business in the State of Washington, except in counties where there is no agent to write large policies.
Section 2 requires the publication of an annual statement of the condition of the company. A full synopsis to be prepared by the insurance commissioner.
Sec. 3. Penalty for violating any provisions of the act, $500.
Section 7 imposes a tax of 2 per cent on premiums less the amount of losses actually paid policy holders of companies in the State of Washington or any other State in the territory of the United States and 3 per cent on corporations organized outside of the United States. Any organization failing to pay the tax within thirty days after the time specified shall be liable to a fine of $100 for each additional day of delinquency.
Transportation rates (chap. 68, p. 113, approved March 13, 1897).-Section 1 forbids railroad companies or other common carriers doing business within the State to charge for hauling agricultural products in carload lots from one point within the State to another at a rate exceeding $1.25 per ton for a distance of 350 miles and over; and at a rate exceeding 90 per cent of the rate actually in effect on the Northern Pacific Railway between the same points in the State of Washington on January 2, 1897, for any distance within the State. “Agricultural products”' is de fined to be corn, grain of all kinds, flour, feed, willstuffs, flaxseed, hay compressed in bales, hope compressed in bales.
SEC. 2. The maximum carload rate for fruit in boxes, barrels, or crates; potatoes, onions, and vegetables of all kinds in sacks, boxes, or barrels; and eggs in boxes, barrels, or cases; and butter in boxes, barrels or pails; and cheese, tallow, and lard in barrels, kegs, or cans, and wool in sacks, from one point within the State to another at a rate exceeding 80 per cent of the rate charged by said railroad or carrier for hauling or carrying a like kind of freight on the 2d day of January, 1897, on the basis of the rate charged by the Northern Pacific Railway Company on the 2d day of January, 1897.
Sec. 3. Not less than 10 tons shall be required to make up a carload lot; or 9 tons of hay or wool.
SEC. 4. Violation of foregoing sections a misdemeanor: Penalty, $500 to $1,000 or imprisonment in county jail from six months to one year, or both.
SECs. 7 and 8. Connecting line refusing to accept freight shall be liable to damages. It is made unlawful for a company having traffic arrangement with another company whereby charges for a continuous haul are collected at the point of destination to refuse to receive cars loaded with valuable articles or to receive valuable freight in less than carload lots without prepayment, with intent to annoy and harrass the shipper or the other company or common carrier: Penalty, forfeit of $1,000 unto the State of Washington.
Section 10 makes it unlawful to give unreasonable preference or advantage to any particular persons or locality:
Section Îl makes it unlawful for any railroad company or common carrier to exact or receive a contract releasing it from the penalties of this act.
SEC. 12. Violations of sections 10 and 11 a misdemeanor: Penalty, $500 to $1,000 or imprisonment in county jail from six months to one year, or both.
Above are all the sections involving penalties. Several other sections are added relating to proceedings in suits brought by dissatisfied companies. The burden of proof must rest upon the plaintiff, who must show and prove that the rates or provisions concerning rates are unreasonable and unjust. Section 19 exempts from the provisions of the act any railroad which does not exceed 150 miles in length.
NOTE.-Rates were regulated in acts, chapter 1, 1891, and chapter 85, 1893, the penalty for violation being $500 for each offense with costs; but all except this first section is substantially new.
Revenue and taxation (chap. 71, p. 136, approved March 15, 1897).- Provides for assessment and collection of taxes. An elaborate law of 122 sections.
Section 38 provides that railroad companies failing to make returns of property to the State auditor as required shall forfeit as penalty not less than $10,000 for each offense.
House drainage and plumbing (chap. 80, p. 210, approved March 16, 1897).An act to regulate the sanitary construction of house drainage and plumbing in cities of the first class. A law similar to those passed in a number of States. It provides that plumbers must be licensed in cities of the first class. The board of health shail give such licenses, and cities of first class shall have a board of examiners, appointed by board of health. Provision is also made for inspectors of plumbing and for sanitary rules and regulations.
Sec. 7. Violating any provision of the act a misdemeanor: Fine, $5 to $50. Licenses may be revoked for incompetency.
Landmarks, monuments, and notices upon mining claims (chap. 83, p. 221, approved March 16, 1897).-Forbids the destruction or defacement of landmarks, monuments on land boundaries, or any notice having been placed or posted upon any mining claim for the purpose of marking or identifying the same. Violation, misdemeanor: Penalty, $100 to $500; imprisonment in county jail not exceeding one year.
Public lands and timber (chap. 89, p. 229, approved March 16, 1897).-An act relating to the survey, disposition, and regulation of the public lands in the State. An elaborate law.
Section 10} deems any State land inspector who shall make a false oath guilty of perjury and subject to its penalties.
SEC. 38. Any person removing any timber or minerals, earth, or stones from such lands shall be punished by imprisonment in the county jail from one month to one year or by fine from $50 to $1,000, or both.
Section 66 also provides that any person or corporation cutting or removing timber upon any State school or granted lands, or manufacturing the same into logs, boats, shingles or lumber for domestic use or commerce shall be liable to the State of Washington in treble the value of the timber or other article so cut or removed, to be recovered in a civil action, and, moreover, shall forfeit all interest in and to the article into which said timber is manufactured.
Fenders for street cars (chap. 94, p. 281, approved March 16, 1897).-Sec. 1. Every street car on any street line in the State shall be provided "with good and substantial aprons, pilots, or fenders, and which shall be so constructed as to prevent any person from being thrown down and run over or caught beneath or under such
SEC. 2. Penalty for failure, forfeit of $25, and each car run shall be considered a separate violation of this act, and every period of five days shall be deemed a separate violation of this act; all money collected to be paid into the common school fund.
Horticulture (chap. 109, p. 308, approved March 17, 1897).-An act to promote the fruit growing and horticultural interests of the State of Washington, to provide for the appointment of a commissioner of horticulture, to repeal certain laws in conAlict therewith. The first seven sections are substantially new.
Section 8 makes it a misdemeanor to import into the State fruit trees, plants, or nursery stock in violation of this act: Penalty, $25 to $100.
Section 9 makes it a misdemeanor for any agent to offer nursery stock for sale without license: Fenalty, fine not exceeding $100.
Reenacted without change.
Section 12 requires owners to disinfect premises or property when required. Violation, misdemeanor: Penalty, fine $5 to $50. The cost of such disinfection shall be a lien againt said premises.
NOTE.—Similar to section 3, chapter 51, 1895. Former penalty, fine $25 to $100, with costs of action.
Sec. 13. Sale of infected stocks is made a misdemeanor: Penalty, $25 to $200 or imprisonment in the county jail from sixty days to one year, provided that for each repeated offense the person or persons convicted may be punished by a fine of $100 to $200 or imprisonment not to exceed two years. Any person who shall sell, offer for sale, or give away any tree or trees, roots, grafts, cuttings, or scions infested with insect pests, spores, or fungous growth shall be guilty of a misdemeanor: Penalty, fine $5 to $25 or imprisonment in county jail ten to thirty days. A repetition of the offense shall subject offender to increased penalty, not over the maximum above stated.
NOTE.-- Penalties slightly modified. Bond and surety companies (chap. 114, p. 332, approved March 17, 1897).-Provides that guarantee and surety companies may go on all bonds.
Section 7 makes it unlawful for any surety corporation to transact business without complying with the provisions of the act. Violation, misdemeanor: Fine, $100 to $500.
Code of public instruction (chap. 118, p. 356, approved March 19, 1897).—This act is a compilation and reconstruction of all acts that have been passed concerning education. It consists of 258 sections and covers 93 pages of the laws of 1897. It is carefully and symmetrically constructed and covers the entire field of public instruction in the State. Of course, in this report those sections alone are dealt with which contain penalties.
SEC. 159. Any member of the State board of education or any employee of the State who shall disclose questions prepared for examination shall be guilty of a misdemeanor: Fine, $100 to $500.
SEC. 160. County superintendents failing to make reports to the superintendent of public instruction as required forfeit $50 from their salary.
SEC. 161. Officers failing to pay over money received as required by law forfeit double the amount so withheld and interest thereon at the rate of 5 per cent per month during the time of withholding the same.
Sec. 162. If the directors of any district fail to make provision for the teaching of hygiene with special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system, it is made the duty of the county treasurer to refuse to pay any warrants drawn upon him by the board of directors of such district. When the county superintendent is satisfied that the board of directors are complying with the provisions of said section of this act, he shall notify the county treasurer, who shall thereupon honor the warrants.
Sec. 163. Any county superintendent failing to comply with the provisions of the preceding section enforcing the teaching of hygiene shall be liable to a penalty of $100, to be recovered in a civil action.
Sec. 164. In case the district clerk fails to make certain reports at the proper time he shall forfeit the sum of $25 for each failure.
SE;. 165. Failure of any school officer to deliver books, papers, records, and money pertaining to his office to his qualified successor a misdemeanor: Penalty, fine not exceeding $100.
SEC. 166. Any teacher failing to enforce the course of study or the rules and regulations of the State board of education shall not be allowed by the directors any warrant for salary due until said teacher shall have complied with said requirements.
Sec. 167. Any teacher administering undue punishment to a pupil, or who shall inflict punishment on the head or face of the pupil, shall be deemed guilty of a misdemeanor: Penalty, fine not exceeding $100.
Sec. 168. Any teacher failing to attend once in each year an institute in some county of the State shall forfeit his certificate, unless on account of sickness or for some good and sufficient reason.
Sec. 169. Any parent, guardian, or other person who shall insult a teacher in the presence of the school or anywhere on the school grounds or premises, guilty of a misdemeanor: Fine $10 to $100.
Sec. 170. To disturb any school or school meeting, a misdemeanor: Penalty, fine $50.
SEC. 171. Persons neglecting to keep children in school as provided by law, guilty of a misdemeanor: Penalty, $10 to $25 for each offense.
Sec. 172. Pupils defacing property are liable to suspension and punishment and parents liable to damages.
Sec. 173. Violation of provisions relating to vivisection and dissection in schools, a misdemeanor: Penalty, $50 to $100.
SEC 174. Any district using text-books other than prescribed by the State board of education shall forfeit 25 per cent of their school fund for that or the subsequent year.
Sec. 227. Trustees shall have no pecuniary interests in any contract. Violation: Penalty, $500.
Sec. 256. Any parent, guardian, school superintendent, or county commissioner who shall without a proper cause fail to carry into effect the provisions of this act shall be deemed guilty of a misdemeanor: Penalty, $50 to $200, in the discretion of the court.
General game law (chap. 52, p. 82, approved March 11, 1897).-A general game law revising previous legislation modifying the close season. Protects large game, birds, and song birds. The close season for large game is between November i of any year until September 1 of the following year. The hunting of moose, elk, caribou, antelope, mountain sheep or goat, or deer with dogs is made a misdemeanor. The hunting of deer at night is prohibited, and it is made unlawful for any person to kill more than four deer, or more than two elk, moose, antelope, caribou, or mountain sheep or goat during the open season, or any spotted fawn at any time. Fire hunting, trapping, and ensnaring are forbidden, or killing for hides. These last provisions are new.
The close season for birds of all kinds is indicated and nest robbing is forbidden. Certain birds are not to be killed at any time before 1900. Song birds are protected.
SEC. 18. Penalty for violations, $10 to $100, with costs of prosecution, and in default of payment, imprisonment in the county jail one day for each $2 of such fine. NOTE.-Penalty the same. Increased authority is given to county game wardens.
Protection of sturgeon (chap. 73, p. 200, approved March 16, 1897).-Section 1 protects sturgeon between March and November: Penalty, $20 for each sturgeon taken.
Section 2 makes it unlawful to take at any time or kill young sturgeon under 31 feet in length, and any person who is using nets, fish wheels, or other apparatus finding young sturgeon under 4 feet in length entangled or caught therein shall immediately, with care, disentangle and let loose the same and transmit the fish to the water without violence. Any person having in his possession young sturgeon under 4 feet in length, either for consumption or for sale, or is known willfully to destroy the same shall be punished with a fine of $10 for each fish. In default of payment, imprisonment in the county jail for thirty days.
Salmon (chap. 82, p. 214, approved March 16, 1897).-Regulates the catching of salmon. Amends or repeals previous legislation. Defines the limits of traps in which traps, weirs, fish wheels, etc., may be used.
Section 2: Penalty, $100 to $500.
Section 3 authorizes the use of such traps, nets, fish wheels, etc., where not otherwise prohibited, but a license must first be obtained from the fish commissioner. No license to be issued to persons not citizens of the United States unless such person has declared his intention to become such, and has been for one year immediately prior to the time of the application an actual resident of the State. But licenses may be issued to women, minors, or Indians, residents of the State for one year previous. Meshes must not be less than 3 inches stretch measure. Violation, misdemeanor: Penalty, $50 to $100. NOTE.—The proviso as to women, minors, and Indians is new.
Failure to obtain license, a misdemeanor. Violation of regulations concerning the structure of set nets, weirs, fish wheels, traps, etc., a misdemeanor punishable by the same penalty, $50 to $100.