$20; on failure to pay fine, confinement in jail until fine is paid, not to exceed twenty days.

Henrico County (chap. 803, p. 822, approved March 3, 1898).-It is unlawful to kill by any method trout in Fourmile Creek and Reedy Branch. Violation, misdemeanor: Fine, $5 for each offense.

Henry County (chap. 812, p. 829, approved March 3, 1898).-Protects partridges from February 1 to November 1; made unlawful to offer them for sale at any time or to export them from the county.

Violation, misdemeanor: Fine, $10 for each offense. Imprisonment in jail until fine be paid, not exceeding twenty days, and half the fine to the informer.

Rockingham County (chap. 813, p. 830).—Amends act approved March 3, 1894. Protects game of various kinds. No new penalty attached.

Southampton County (chap. 814, p. 830, approved March 3, 1898).—Protects game of various kinds. Violation, misdemeanor: Penalty, first offense, $5; second or any other repetition of said offense, $10 to $25.

Licenses to fish (chap. 839, p. 864, approved March 3, 1898).—Amends section 2086 of the code of Virginia; gives many details in regard to the conditions of licensing the use of nets, seines, etc., and prescribes fees. Oyster inspectors are to report to the board of fisheries or to some commander of the oyster navy the failure of any persons to conform to the provisions of this act. Such commander is empowered to arrest any such person and carry him before some justice of the peace, and upon conviction such person shall be fined from $25 to $200. Oyster inspectors who knowingly fail to report violations of this act or to perform any of the duties herein required shall forfeit $100 for each offense.

Amherst and Nelson counties (chap. 845, p. 871, approved March 3, 1898).— Protects mountain trout in the Big Piney River. Violation, misdemeanor; Fine $10, half to the informer and confinement in the county jail for not less nor more than thirty days.

NOTE.-Notice that thirty days is prescribed in addition to the fine and not in default of it as in most cases.

Pittsylvania County (chap. 909, p. 949, approved March 3, 1898).—Protects partridges between February 1 and November 1. Violation, misdemeanor; Fine $10 for each offense and imprisonment in jail until fine be paid not exceeding thirty days.

Oysters (chap. 967, p. 992, approved March 4, 1898).-The act provides for the registration of any resident of the State who desires to take oysters for sale or planting on the eastern side of Northampton and Accomac counties.

Taking oysters without registration a misdemeanor. Fine $10 to $25. It provides also for the registration of skiffs and small boats used for taking oysters. Penalty for not registering boats, $5 to $25 for each boat.

Terrapins in various counties (chap. 982, p. 1007, approved March 4, 1898).— Amends an act approved February 4, 1892. Protects terrapins in various counties between May 1 and August 15. Penalty for taking or having in possession, fine $200 and confinement in county jail not exceeding thirty days. The use of seines, nets, weirs, etc., during this period, punishable by a fine of $250 and confinement in county jail not less than thirty days.

Rockingham County (chap. 994, p. 1024, approved March 4, 1898).-Unlawful to take mountain trout between August 1 and May 1, and unlawful to catch them at any other time except by angling with hook and line. Penalty, $10 to $15 for each offense, and, at the discretion of the court, confinement in jail not exceeding thirty days.

Oysters (chap. 997, p. 1026, approved March 4, 1899).-Amends act of March 5, 1894. Relates to the method of paying by tongmen the sum required by law. Penalty for violation, $10 to $100.

Section 8 relates to subrenting. Penalty, $50 to $100.

WASHINGTON.

1897.

Felony and misdemeanor defined.-A felony is punishable by death or imprisonment in the penitentiary. All other offenses are misdemeanors. (Codes and Statutes, sec. 6773.)

SEC. 6776. When the performance of any act is prohibitive by any statute, and no penalty for the violation of such statute is imposed, the doing of such act is a misdemeanor.

Punishment for misdemeanor.-SEC. 7435. Every person who is convicted of a misdemeanor, the punishment of which is not otherwise prescribed by any statute of this State, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding $500, or by both such fine and imprisonment.

Solicitation of divorce business (chap. 7, p. 7, approved February 13, 1897). SEC. 1. Whoever advertises, prints, publishes, distributes, or circulates, or causes to be advertised, printed, published, distributed, or circulated, any circular, pamphlet, card, handbill, advertisement, printed paper, book, newspaper, or notice of any kind, offering to procure or obtain, or to aid in procuring or obtaining, any divorce, or the severance, dissolution, or nullity of any marriage, or offering to engage, or appear, or act as attorney, counsel, or referee in any suit for alimony or divorce, or the severance, dissolution, or nullity of any marriage, either in this State or elsewhere, shall be guilty of a misdemeanor. This act shall not apply to the printing or publishing of any notice or advertisement required or authorized by any law of this State. SEC. 2. Penalty, fine $100 to $500, or by imprisonment in county jail not more than six months.

Destruction of honeybees (chap. 12, p. 11, approved February 13, 1897).Makes it unlawful to willfully poison honeybees or to willfully place any poisonous or sweetened substance for the purpose of injuring honeybees in any place where such substance is accessible to honeybees: Penalty, $10 to $100.

Dairy products (chap. 15, p. 14, approved February 16, 1897).-Amends sections 2 and 3 of act approved March 11, 1895, regulating the manufacture of dairy products, forbids the addition of borax, boracic acic, salycilic acid, or any other poisonous substance which prevents or tends to prevent the normal bacterial actions of milk. The act provides also for the stamping of cheese according to grade, as "skimmed, half skimmed, and full cream.

NOTE. No change in penalty.

Vivisection and dissection (chap. 16, p. 16, approved February 17, 1897).SEC. 1. No teacher or other person employed in any school in the State of Washington, except medical or dental schools, or medical or dental department of any school, shall practice vivisection upon any vertebrate animal in the presence of any pupil in said school, or any child or minor there present; nor in such presence shall exhibit any vertebrate animal upon which vivisection has been practiced.

SEC. 2. Dissection of dead animals or any portion thereof, in the schools of the State of Washington, in no instance shall be for the purpose of exhibition, but in every case shall be confined to the class room and the presence of those pupils engaged in the study to be illustrated by such dissection.

Penalty for violation, $50 to $100.

Requiring street railways to employ competent men (chap. 17, p. 17, approved February 18, 1897).-SEC. 1. Hereafter street railways or street-car companies or street-car corporations shall employ none but experienced and competent men to operate or assist as conductor, motorman, or gripman in operating cars or dummies upon any street railway or street-car line in this State.

Section 2 makes violation of section 1 by the president, secretary, manager, superintendent, or other officer of any street railway a misdemeanor: Fine, $50 to $200 or imprisonment in the county jail for a term of thirty days, or both, at the discretion of the court.

Discharge of ballast in navigable waters (chap. 18, p. 18, approved February 23, 1897).-Forbids the discharge of ballast in navigable waters where the water is less than twenty fathoms deep: Penalty $75 to $500.

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 will, 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.

NOTE.-Penalty the same.

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 subpœna 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 may be 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, $5 to $50.

Insurance (chap. 65, p. 105, approved March 13, 1897).-An act to regulate and control insurance companies. Amends 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 $4.25 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 defined to be corn, grain of all kinds, flour, feed, millstuffs, flaxseed, hay compressed in bales, hops 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 11 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

car.

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.