nues, or excluding or prohibiting any automobile or motor vehicle whose owner has complied with sections 328, 330 and 331 of this act from the free use of such public road, highway, park or parkway, street or avenue, and all such ordinances, rules and regulations now in force are hereby declared to be of no validity or effect: Provided, That nothing in this act shall be construed as limiting the power of local authorities to make, enforce and maintain ordinances, rules or regulations, in addition to the provisions of this act, affecting automobiles or motor vehicles which are offered to the public for hire. (L. '05, ch. 154, § 12; Rem.-Bal., § 5573.)

The violation of any of the provisions of this chapter shall be deemed a misdemeanor, punishable by a fine not exceeding one hundred dollars. (L. 05, ch. 154, § 13; Rem.-Bal., § 5574.)

CHAPTER XXVI.

STATE HIGHWAY DEPARTMENT.

340. Highway Department Created.

There is hereby created the office of state highway commissioner and a state highway board. The said state highway commissioner shall be appointed by the governor and shall hold his office for four years unless sooner removed for cause; and shall receive an annual compensation of $5,000, a year, and shall be allowed his actual traveling expenses while officially employed, and shall be allowed his office

expenses.

He shall take oath of office and shall give a bond in the sum of $10,000, conditioned for the faithful performance of his duties; the said highway board shall be composed of the governor, state auditor, the state treasurer, the state highway commissioner and a member of the railroad commission of Washington, to be named by the governor. Each shall be allowed his actual traveling expenses while engaged in official duties as member of such highway board. (L. '11, ch. 47, § 1.)

The commissioner shall be furnished with a suitable office in the capitol building where his records shall be preserved, and said office

shall be kept open at such times as the business of the commissioner shall require. He shall keep a record of all proceedings and orders pertaining to the matters under his direction and copies of all plans, specifications and estimates submitted to him. The commissioner shall prepare and submit, ninety days before the session of each legislature of the State of Washington, a report of the work constructed or under construction and shall make recommendation as to the needed state highways together with the estimated cost of such needed highways. (L. '09, ch. 186, § 2; Rem.-Bal., § 5868.)

342. Highway Board to Apportion Funds.

It shall be the duty of the state highway board to decide what portion of the amount appropriated for any state road shall be expended within the boundaries of the several counties through which it is proposed to pass. (L. '09, ch. 186, § 3; Rem.-Bal., § 5869.)

343. Commisisoner to Compile Statistics.

In addition to his other powers and duties, the state highway commissioner shall compile statistics relative to the public highways throughout the state, and shall collect all information in regard thereto deemed expedient. He shall investigate and determine upon various methods of road construction adapted to different sections of the state, and as to the best methods of construction and maintenance of roads and bridges, and such other information relating thereto as he shall deem appropriate. He may be consulted at all reasonable times by county officers having care and authority over highways and bridges, and shall advise such officers relative to the construction, repair, altering or maintenance of the same; and shall furnish such other information and advice as may be requested by persons interested in the construction and maintenance of public highways, and shall at all times lend his aid in promoting highway improvement throughout the state. He shall co-operate with all highway officers and shall assist county authorities, and, when requested by them, furnish them with plans and directions for the improvement of the public highways and bridges. (L. '09, ch. 186, § 11; Rem.-Bal., § 5877.)

344. Reports to Commissioners.

The road supervisors and the county commissioners of any county, and all other officers who now have or may hereafter have by law the

care and supervision of the public highways and bridges shall, from time to time, upon the written request of the state highway commissioner furnish him with all available information in connection with the building and maintenance of the public highways and bridges in their respective localities. (L. '07, p. 297, § 12; Rem.-Bal., § 5878.)

CHAPTER XXVII.

PUBLIC HIGHWAY FUND.

345. Highway Fund, Creation of.

There is hereby created a fund to be known as the public highway fund. (L. '05, p. 252, § 1; Rem.-Bal., § 587912.)

Permanent highway fund. See ₤155.

346. Highway Fund. Tax.

For the purpose of raising revenue to construct and prepare highways and bridges, the proper state officers shall levy and collect a tax not exceeding one-half mill upon all of the property in the state subject to taxation for the fiscal year beginning March 1, 1911, and for each fiscal year thereafter. The fund provided by such levy shall be placed in said public highway fund: Provided, however, That nothing in this chapter contained shall have the effect or be construed to alter or modify in any particular any tax levy made or proceeding had or to be had for the collection of any tax heretofore levied or imposed under or pursuant to the provisions of any former or existing laws. (L. '11, ch. 53, § 1.)

347. Expenses.

All expenses of the state highway commissioner's office including salary, office expenses, traveling expenses, and all expenses of the highway board shall be paid out of the public highway fund. '09, ch. 186, § 10; Rem.-Bal., § 5876.)

(L.

The term state aid* roads shall be construed to mean improved roads constructed along the main lines of travel, the cost of which is distributed between the state and any county. The term state roads shall be contsrued to mean roads constructed in the sparsely settled and mountainous regions of the state, the entire expense of engineering and construction being borne by the state and paid for out of the highway fund. (L. '07, p. 308, § 1; Rem.-Bal., § 5879.)

State aid road law repealed. See $1572.

349. Report on Proposed State Roads to Legislature.

No road shall hereafter be established as a state road until the same shall have been examined and if necessary surveyed, and shall have been found to be feasible and of public utility, and all facts concerning its feasibility and utility have been reported to the state legislature by the state highway commissioner. (L. '09, ch. 25, § 1; Rem.-Bal., § 5900.)

350. Surveys to Be Made.

Whenever any money is appropriated for the construction of a state road, the state highway commissioner shall, unless such road has been theretofore surveyed, cause survey to be made of the entire length of such highway, and cause the same to be mapped both in outline and profile, and shall also cause plans and specifications for the construction of such highway to be prepared. Such maps, plans and specifications shall be thereupon submitted to the state highway board, and no portion of any appropriation shall be expended upon such road until the state highway board shall have declared such road feasible and shall have approved said outline and profile maps and said plans and specifications. (L. '07, p. 295, § 4; Rem.-Bal., § 5870.) 351. Commissioner May Employ Engineers.

The state highway commissioner shall have authority to employ such civil engineers and assistants as may be necessary to carry out the provisions of section four [350], and to provide for superintend

*The provisions of statute relating to state aid roads was repealed by §17, ch. 35, p. 128, Laws 1911, though under the definition given "Permanent Highways" (§§142-159) would fall, but the Permanent Highway Act clearly shows otherwise.

ence of construction work on state roads, and the expense so incurred shall be considered a part of the cost of the road in connection with which such expense is incurred and shall be a charge against the fund appropriated for the construction of such road. He shall also have authority to employ such assistants as may be necessary to carry on the office work of the highway department. (L. '09, ch. 186, § 5; Rem.-Bal., § 5871.)

352. Commissioner to Acquire Right-of-Way.

The state highway commissioner is hereby authorized to acquire right-of-way on behalf of the state for state roads by gift, purchase or condemnation in the manner prescribed by law for the acquirement or condemnation of lands for county roads. The cost of such rightof-way shall be paid for from the fund apportioned to the state road for which such right-of-way is acquired. Whenever it is necessary to locate and construct a state road over and across any of the public lands of the State of Washington, the state highway commissioner shall file in the office of the state land commissioner a map showing the location of such road over and across each legal subdivision of such public lands, and upon the filing of such map, the easement for such right-of-way shall be reserved to the state and such subdivision of public land when sold, leased or otherwise disposed of, shall be sold, leased or disposed of subject to such right-of-way. (L. '09, ch. 186, § 6; Rem.-Bal., § 5872.)

Rights-of-way over county roads. See next section.

353. Rights-of-Way Over County Roads.

It shall be lawful for boards of county commissioners to transfer and convey to the State of Washington rights-of-way over and along county roads for state road purposes, and it is hereby made their duty to make such transfer or conveyance upon receiving notice from the state highway board that a state road has been established and definitely located over a county road and that said road will be improved and maintained by the state and that funds are available for the immediate construction of such road. (L. '09, ch. 58, § 1; Rem.Bal., § 5899.)

354. Bids Called For.

Upon the approval of the maps, plans and specifications as provided for in section four [350], it shall be the duty of the state high