shall at any time during the franchise period be included within any incorporated city or town the authorities of said city or town shall have the right, to be exercised in their discretion, to acquire by purchase or condemnation any or all of such pipes, conduits and water systems at a price to be based upon the reasonable value of same at that time without any additional value for the frnchise, or any unexpired period thereof, and upon such acquirement the said grant or franchise shall immediately terminate. (L. '07, p. 600, § 1; Rem.-Bal., § 5611.)

See also $265.

270. Irrigation Ditches or Canals Across Roads.

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The board of directors shall have power to construct the said works across any street, avenue, highway, railway which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected, to its former state, as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; '90, p. 691, § 38; Rem.-Bal., § 6453.)

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(L.

"Board of directors" here refers to the officers in charge of irrigation districts, and "works" means a ditch or canal.

271. Trams on Roads.

The county commissioners of the several counties in this state may grant to persons, companies or corporations the right to build and maintain tram roads upon the public highways under such regulations and conditions as said county commissioners may prescribe. (L. '01, p. 192, § 1; Rem.-Bal., § 5609.)

Not allowed on state roads or state aid roads without permission of state highway board. See $76.

272. Space to Be Used.

Such tram road shall not occupy more than eight feet of the public highway upon which the same is built and shall not be built upon the track of travel nor in such a way as to interfere with the public travel upon such public highways: Provided, That nothing contained in this act shall be construed to prevent county commissioners from granting franchises for electric railways upon public highways. (L. 01, p. 192, § 2; Rem.-Bal., § 5610.)

"Act" refers to §§271 and 272.

273. Telegraph or Telephone Lines.

Any telegraph or telephone corporation or company, or the lessees thereof, doing business in this state, shall have the right to construct and maintain all necessary lines of telegraph or telephone for public traffic along and upon any public road, street or highway, along or across the right-of-way of any railroad corporation, and may erect poles, posts, piers or abutments for supporting the insulators, wires and any other necessary fixture of their lines, in such manner and at such points as not to incommode the public use of the railroad or highway, or interrupt the navigation of the waters: Provided, That when the right-of-way of such corporation has not been acquired by or through any grant or donation from the United States, or this state, or any county, city or town therein, then the right to construct and maintain such lines shall be secured only by the exercise of right of eminent domain, as provided by law: Provided further, That where the right-of-way as herein contemplated is within the corporate limits of any incorporated city, the consent of the city council thereof shall be first obtained before such telegraph or telephone lines can be erected theron. (L. '90, p. 292, § 5; Rem.-Bal., § 9314.) See $265.

CHAPTER XX.

SHADE TREES AND HEDGES ON HIGHWAYS.

274. Lawful to Plant-At Certain Distances, Etc.

Any person or company wishing to plant and cultivate shade or ornamental trees on the public highways of the State of Washington may lawfully do so by planting the same in the said highways at a distance not greater than ten (10) feet from the lines dividing the land owned by them from the said highways when the said roads have a legal width of sixty (60) feet or more and at a distance not greater than eight (8) feet from said dividing lines when said roads have a legal width of less than sixty (60) feet: Provided, That such trees shall not be lawfully planted where the entire width of the road is required for public use by reason of heavy cuts, fills, slopes or grades. (L. 03, p. 221, § 1; Rem.-Bal., § 5619.)

It shall be lawful for any person or company to plant hedge fences on the line dividing their property from public highways and

to use temporarily a strip of said highway not exceeding eight (8) feet in width for the protection and cultivation of such hedges and to maintain temporary fences within said strip for a period not exceeding four (4) years after the said hedges have been planted. (L. '03, p. 222, § 2; Rem.-Bal., § 5620.)

276. Duty of Road Supervisors.

It is hereby directed to be the duty of road supervisors and overseers to protect trees and hedges now growing or which may be hereafter planted in the public highways of the state when such trees and hedges are located in conformity with the provisions of this chapter. (L. '03, p. 222, § 3; Rem.-Bal., § 5621.)

277. Injury or Destruction-Penalty.

Wilful injury to or destruction of shade or ornamental trees or hedges in or along the line of any public highway in the State of Washington is hereby declared to be a misdemeanor and the perpetrators of such injury shall be liable for each tree so injured or destroyed, to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) or to imprisonment in the county jail for not more than sixty (60) days or to both such fine and imprisonment. (L. '03, p. 222, § 4; Rem.-Bal., § 5622.)

See also next section, and §§305-306 and 307.

2772. Trespass for Cutting Trees, Etc.-Damage.

Whenever any person shall cut down, girdle, or otherwise injure or carry off any tree, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, village, town, or city lot, or cultivated ground, or on the common or public grounds of any village, town, or city, or on the street or highway in front thereof, without lawful authority, in an action by such person, village, town or city, against the person committing such trespasses, or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be. (L. '69, p. 143, § 556; Rem.-Bal., § 939.)

See preceding section.

278. State Botanists.

CHAPTER XXI.

NOXIOUS WEEDS.

That for the purpose of this chapter the botanist of the State University of Washington, and the botanist at the State College of Washington, at Pullman, are hereby made ex-officio state botanists, to act without additional compensation. (L. '07, p. 159, § 1; Rem.Bal., § 3032.)

Canada thistle (chicus arvensis), Russian thistle (Salsola Kali tragus), tumbling mustard, the so-called "Jim Hill" mustard, (Sisymbrium altissimum), cockleburr, and all other weeds liable to become a pest and detrimental to the agricultural interests of any county in this state, are hereby declared to be noxious weeds. '07, p. 159, § 2; Rem.-Bal., § 3033.)

280. State Botanist May Designated.

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When the state botanists are or either of them is of the opinion that any weed is, or may become noxious as herein defined other than those specifically mentioned, he or they shall notify the auditor of the county in which such weeds are, and the clerk of each incorporated city or town in such county, giving a description of such weed, and he or they shall also accompany such description with a specimen of the same, and shall at the same time, send to each road supervisor of such county a description and specimen of such weed. (L. 07, p. 159, § 3; Rem.-Bal., §3034.)

281. Notice of Declaration of Noxious Weed.

The county auditor and the city or town clerk, upon receipt of said description and specimen shall have said description published weekly in the newspaper doing the county or city printing for four successive weeks, and he shall retain said specimen in his office for the inspection of the public. (L. 07, p. 159, § 4; Rem.-Bal., § 3035.) 282. Abutting Owner to Destroy in Road.

It shall be the duty of every owner, lessee, occupant, or agent thereof, or of any person having the care and charge of any land or lands, improved or unimproved, enclosed or unenclosed, in this state,

to cut down, or cause to be cut down, all noxious weeds growing thereon, or on any road, street or highway bordering thereon to the center thereof, so often in each and every year as shall be certain to prevent them from going to seed, except that it shall require the cutting of "bull thistles" on all public roads and highways. (L. '11, ch. 60, § 1.)

The exception clause was attached during the progress of the bill through the legislature. No doubt it was intended to be attached to the next succeeding section, q. v.

283. Permitting Weeds to Grow-Penalty.

If any owner, lessee, occupant, agent or person having the care or charge of any such land or lands shall knowingly suffer any noxious weeds to grow thereon, or on any road, street or highway to the center thereof bordering on any such land or lands, and shall permit the seed of any such noxious weeds to ripen, he shall be guilty of a misdemeanor: Provided, That this section shall not apply to what is commonly known as "bull thistle" on lands not used for agricultural purposes outside of cities and towns. (L. '11, ch. 60, § 1.)

See note to preceding section.

284. Road Supervisor to Destroy.

It shall be the duty of each road supervisor in each road district in this state to see that the provisions of this chapater are carried out within their respective districts, and he shall give notice to the owner, lessee, occupant, agent or person having the care or charge of any land within his district whereon, or in any road, street or highway bordering thereon, any noxious weeds are growing, requiring such owner, lessee, occupant, agent or person having the care or charge thereof, to cause the same to be cut down within ten days from the service of such notice, and in case such owner, lessee, occupant, agent or person having the care or charge thereof shall refuse or neglect to cut down said noxious weeds within said ten days, then the said road supervisor shall enter upon the land, or on any road, street or highway bordering thereon, and cause all said weeds to be cut down. with as little damage to growing crops as may be: Provided, That when such noxious weeds are growing upon land, or on any road, street or highway bordering thereon, of a non-resident of this state, and such owner has no known agent in the county in which such land is situate, said notice shall be posted in a conspicuous place on the land in view of the traveling public: And provided, That in case of