of the Columbia river in Ferry county, and extending thence southerly by the most practicable route to the town of Wilbur on the Central Washington railroad in Lincoln county, Washington. For description of State Road No. 4, see $357, page 142. State Road No. 18, beginning at Alder in Pierce county and running in a southerly direction by the way of Elbe to a point in State Road No. 5 near Kosmos in Lewis county. Extension over the existing county roads of State Road No. 7 westerly to Renton, and thence to and along the west shore of Lake Washington to the city of Seattle, and the extension of State Road No 7 easterly by the way of Swauk and Peshastin creeks and the Wenatchee valley to the city of Wenatchee; thence to a point on the sixth standard parallel north in Douglas county near the town of Waterville; thence easterly over the existing county roads as nearly as practicable through the towns of Coulee City and Wilbur and the city of Spokane, to the Idaho line at the point where it intersects the north bank of the Spokane river. (L. '09, ch. 92, § 2; Rem.-Bal., § 5905.) For a description of State Road No. 7, see $357, page 143. See note to $358. CHAPTER XXIX. STATE CONVICT LABOR. 361. To Be Employed on State Roads. All convicts confined and not otherwise employed shall be employed under authority of the state board of control in charge of the superintendent of the penitentiary or of such other persons in the employ of the state as the state board of control shall direct, in the building of state roads in this state. All expenses of whatsoever nature incurred through such employment shall be paid from the fund appropriated by the state legislature for the construction of the particular road or roads upon which such convicts may be employed. The places where and the manner in which work shall be performed upon state roads by such convicts shall be designated by the state highway board. (L. '07, p. 173, § 1; Rem.-Bal., § 8575.) County prisoner, working on county roads. See $8111-113. 362. Survey For. CHAPTER XXX. STATE QUARRIES. That the board of geological survey shall cause to be made, under the superintendence of the state geologist, a field examination and survey of the state for the purpose of ascertaining and determining the existence within the state of suitable road making materials; and shall likewise cause to be compiled and made a map or maps showing the locations and areas, as nearly as can be ascertained, of the various deposits of such material; and shall cause to be made suitable analyses and laboratory tests necessary to determine the relative merits or value for road building purposes of the various deposits so located. Upon final completion of said work, said board of geological survey shall file in the office of the state highway commissioner a complete report of said examination and survey, including all maps, analyses, tests and any other data which said board may have compiled touching the same: Provided, however, That pending the completion and final report thereof, all information gained by said state geologist during the progress of said examination and work shall at all times. be available to the state highway commissioner, and a partial report showing such deposits of road making materials as may in the meantime have been examined, together with such analyses and tests thereof as may in the meantime have been made, showing the relative value and merits of such materials for road making purposes, shall be furnished to said state highway commissioner by the 1st day of September, 1909. (L. '09, p. 810, § 1; Rem.-Bal., § 5907.) 363. Sites Selected. Upon receipt of said partial report, together with maps, data, etc., the state highway commissioner shall, if there be found to exist materials suitable and in quantities and places sufficient therefor, select four or more sites best adapted for the location and establishment of rock quarries and crushing plants for supplying materials suitable and proper for the construction of highways, and, if found practicable, two or more of which sites shall be selected west of the summit of the Cascade mountains and two or more east thereof. (L. '09, p. 39, § 1, Ex. Sess.; Rem.-Bal., § 5908.) 364. Board of Control to Acquire. Said state highway commissioner shall report such selections or locations to the state board of control, whose duty it shall then become to acquire the said quarry sites so selected, together with sufficient area of land adjoining the same as may be necessary for the purpose of establishing and constructing thereon all such facilities, conveniences and plants as may be requisite, suitable and adequate to carry out the objects of this chapter. For this purpose said board of control is hereby authorized to accept on behalf of the state, any deed of gift or grant of any such site, or to purchase the same and accept deed of purchase thereof. In all cases where said board of control is unable to agree with the owners as to the reasonable and fair value of the premises sought, said board shall report such failure to the governor, who shall forthwith, by order, direct proceedings to acquire the same by condemnation, to be instituted by the attorney general in the superior court of the county wherein such premises are located, which proceedings shall be instituted therein by the attorney general in the manner provided by law for the taking of private property for public use, and to that end it is hereby declared necessary for the public uses of the state to acquire or appropriate the premises described in the order of the governor, and said attorney general is hereby authorized to institute and maintain, in the name of the state, the proceedings so far as applicable provided for in section 891 to section 900 inclusive, Rem.-Bal., to the same extent and in like manner as if the legislature had by specific act declared it necessary for the public uses of the state to acquire or appropriate the same. (L. '09, p. 811, § 3; Rem.-Bal., § 5909.) 365. Convict Camps. Whenever under the provisions of this chapter any site and quarry is produced [procured] the state highway commissioner shall take possession thereof, and may forthwith erect and construct at and upon the same such stockades, buildings and structures as may be necessary, suitable and adequate for the safe confinement and comfortable housing of such convicts as may from time to time be confined or worked therein, and may likewise purchase and install therein such suitable and proper rock-crushing plants, machinery, appliances and tools, and with such capacity as in the judgment of the highway commissioner may be necessary and adequate to keep continuously employed and oc cupied such force of convicts as may from time to time be worked therein. (L. '11, ch. 114, § 1.) Work of convicts on roads. See §361. 366. Guard of Convicts. It shall be the duty of the state highway commissioner to keep and employ in the several quarry sites so established and equipped as aforesaid, under charge of the superintendent of the penitentiary, and with his permission and that of the state board of control, in charge of such other persons in the employ of the state as the board of control shall direct, a sufficient number of able-bodied convicts when available to keep and maintain said plant therein installed in continuous operation to its full capacity, for which purpose said convicts may be transferred from the penitentiary at Walla Walla. (L. '11, ch. 114, § 1.) 367. Sale of Products. All convicts maintained at said quarry sites shall, when physically able and so long as there is a demand for the output of such quarry, be kept and employed continuously (except Sundays and legal holidays) in the quarrying, crushing, preparation and handling of rock or other materials for roads or streets. All rock so crushed shall be, upon the request of the state highway commissioner, loaded upon the car or vessel and there delivered to said state highway commissioner, who shall use the same in the construction or maintenance of state roads or state aid* roads: Provided, however, That so much of said materials as the state highway commissioner may not at any time require for use on state roads or state aid roads shall be by said highway commissioner disposed of at not less than 10% above estimated cost f. o. b. the car, scow or boat at the place of production, to counties, cities or towns within the state in the order of application therefor, excepting in cases where the demands of such counties, cities and towns may be in excess of the supply, in which case the state highway commissioner shall apportion, deliver and distribute such material among the several counties, cities and towns applying, in such proportion as in his judgment may seem fair and equitable: Provided, further, That all materials used by the state highway commissioner on any state road shall be paid for out of the appropriation, apportionment or fund for the construction or improvement of the partic * State aid roads, law of repealed. See §1572. ular road upon which it is used, and all material sold to the state highway commissioner or to any county, city, town or other municipality, shall be at not less than 10% above the estimated cost of production at the place of delivery: Provided further, That when the quantity of material on hand is in excess of the amount demanded by the state highway commissioner for use upon state roads, or state aid roads, or for disposition to the counties, cities and towns as herein provided, then the same may be disposed of by the state highway commissioner at such prices, not less than the cost of production, as said commissioner may deem most advantageous for the state, giving prior right of purchase to citizens of the State of Washington before applicants from another state: And provided further. That nothing in this chapter shall be so construed as to prohibit the state highway commissioner from employing within said stockades, or at said quarry sites, in the production of said material and in the operation of said quarry, such free labor as the commissioner may deem necessary or proper. (L. '11, ch. 114, § 1.) State aid road law repealed. See $1572. 368. Shipping Facilities. If, after the acquisition of the quarry sites and the installation of the crushing plants, machinery and appliances herein provided for, there be sufficient funds left of the appropriation in this act provided, it shall be the duty of the state board of control to acquire by purchase or otherwise, cars or scows sufficient in number, in their judgment most suitable and best adapted for the transportation of materials from the said quarries to the place where the same is to be used. (L. '09, p. 814, §7; Rem.-Bal., § 5913.) "Act" refers to chapter 226, L. '09. 369. Quarries Rotary Fund. All moneys received from the sale of the products of such quarries shall be paid into the state treasury and shall be kept in a fund to be known as the "Quarries Rotary Fund," and there is hereby appropriated from such fund for the purpose of maintaining such rock quarries and all the necessary expenses in connection therewith, including the repayment as above provided, and the cost and expense of transporting to and from, keeping and guarding the convicts working therein for which no other appropriation is made by law to be expended on the order of the state highway commissioner, all sums |