ROAD LAWS OF WASHINGTON.

CONSTITUTIONAL PROVISIONS.

Art. II., Sec. 28. The Legislature is prohibited from enacting any private or special laws in the following cases:

*

2. For laying out, opening or altering highways, ex- State roads to be in more cept in cases of state roads extending into more than one than one county, and military roads to aid in the construction of county. which lands shall have been or may be granted by Congress.

3. For authorizing persons to keep ferries wholly within this state.

Sec. 29. After the first day of January, eighteen nun- Labor of dred and ninety, the labor of convicts of this state shall convicts. not be let out by contract to any person, copartnership, company or corporation, and the Legislature shall by law provide for the working of convicts for the benefit of the state.

County prisoners to be worked. See §219.
State convicts may be worked. See $272.

Art. VIII., Sec. 6. No county, city, town, school district, Limit of indebtedness or other municipal corporation shall for any purpose be- of counties, come indebted in any manner to an amount exceeding one cities and school disand one-half per centum of the taxable property in such tricts county, city, town, school district, or other municipal corporation, without the assent of three-fifths of the voters therein voting at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county purposes previous to the incurring of such indebtedness, except that in incorporated cities the assessment shall be taken from the last assessment for city purposes: Provided, That no part of the indebtedness allowed in this section shall be incurred for

any purpose other than strictly county, city, town, school district, or other municipal purposes: Provided further, That any city or town, with such assent, may be allowed to become indebted to a larger amount, but not exceeding five per centum additional, for supplying such city or town with water, artificial light, and sewers, when the works for supplying such water, light, and sewers shall be owned and controlled by the municipality.

21 W. 208; 1 W. 308; 1 W. 297; 2 W. 676; 4 W. 299; 5 W. 452; 13 W. 696; 17 W. 8; 14 W. 59; 14 W. 100; 19 W. 447; 26 W. 237; 8 W. 396; 25 W. 578; 26 W. 231; 42 W. 653; 86 Pac. 379. Cities may go five per cent. for special in addition to five per cent. general-1 W. 297. No limit on necessary expenses--13 W. 518; 16 W. 568; 30 568; 18 W. 55; 24 W. 549; 26 W. 272. a part-2 W. 667; 12 W. 524; 19 W. 320. local assessments-25 W. 300; but applies to street improvements by city-17 W. 315. Nor to irrigation districts-4 W. 147.

W. 608; 16 W. Water debt not Does not apply to

Valuation to be at time debt incurred-5 W. 452; 6 W. 427. Lake Washington canal a county purpose-15 W. 9. See Terry v. King County, decided July 16, 1906. Repayment not debt-15 W. 367. Validation-12 W. 369. Cash and uncollected and delinquent taxes are assets in fixing limit of amount-14 W. 59; 19 W. 447. Benefits of county road may be offset to damages-37 W. 14. Assessing means listing by assessor-42 W. 299. Vote to be only three-fifths of those voting on proposition-25 W. 578.

System of county government.

County offi

cers, compensation of.

Art. XI., Sec. 4. The Legislature shall establish a system of county government, which shall be uniform throughout the state, and by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county voting at a general election shall so determine; and whenever a county shall adopt township organization, the assessment and collection of revenue shall be made, and the business of such county, and the local affairs of the several townships therein, shall be managed and transacted in the manner prescribed by such general law.

Sec. 5. The Legislature, by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys, and other county, township, or precinct and district officers, as public convenience may require, and shall prescribe their duties and fix their term of office. It shall regulate the compensation of all such officers, in proportion to their duties, and for that purpose may classify the counties by population. And it shall provide for the strict accountability of such officers for all fees which may be collected by them, and for all

public moneys which may be paid to them, or officially come into their possession.

Cited: 5 W. 461; 6 W. 163; 16 W. 573. Deputies may be appointed-11 W. 435. County commissioners shall classify counties-25 W. 264.

Generally 7 W. 114; 9 W. 377; 9 W. 530; 24 W. 426; 24 W. 594. Road supervisors are not county officers-37 W. 428. Fruit inspectors are county officers and must be elected : State v. Blumberg, 89 Pac. 708. Game wardens, same: State ex rel. Snodgrass r. Savage. Decided Nov. 15, 1907.

office.

Sec. 6. The board of county commissioners in each Vacancies in county shall fill all vacancies occurring in any county, township, precinct, or road district office of such county by appointment, and officers thus appointed shall hold office till the next general election, and until their successors are elected and qualified.

Cited: 6 W. 161; 7 W. 115.

Construed: 5 W. 398; 7 W. 115; 37 W. 271.

Sec. 7. No county officer shall be eligible to hold his office more than two terms in succession.

This does not apply to holding by appointment-6 W. 161; 12 W. 59; 24 W. 426.

Ineligibility for more than two terms.

Sec. 8. The Legislature shall fix the compensation by Salaries. salaries of all county officers, and of constables in cities having a population of 5,000 and upward; except that public administrators, surveyors and coroners may or may not be salaried officers. The salary of any county, city, town, or municipal officer shall not be increased or diminished after his election, or during his term of office; nor shall the term of any such officer be extended beynod the period for which he is elected or appointed.

Cited: 6 W. 258; 21 W. 84; 24 W. 429; 25 W. 265.

As to salaries-4 W. 797; 9 W. 229; 13 W. 201; 14 W. 255; 14 W. 482; 19 W. 396; 22 W. 267; 35 W. 168. Term is two years -5 W. 458. Term of office may extend beyond two years-24 W. 426.

Sec. 11. Any county, city, town, or township may make Privileges and enforce within its limits all such local police, sani- of cities. tary, and other regulations as are not in conflict with gen

eral laws.

Cited: 16 W. 573; 26 W. 275; 28 W. 722. Legislative act supercedes ordinance-14 W. 288.

Local taxa

tion gov.

eral laws.

Sec. 12. The Legislature shall have no power to imerned by gen- pose taxes upon counties, cities, towns, or other municipal corporations, or upon the inhabitants or property thereof, for county, city, town, or other municipal purposes, but may by general laws vest in the corporate authorities thereof the power to assess and collect taxes for such purposes.

Cited: 2 W. 586; 15 W. 317; 26 W. 276; 28 W. 45.

See 42 W. 17; 22 W. 570; 6 W. 365; 6 W. 250; 35 W. 576; 37 W. 14; 42 W. 17.

Unlawful

use of public money a felony.

Sec. 14. The making of profit out of county, city, town, or other public money, or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law.

Cited: 18 W. 624.

See 12 W. 295; 18 W. 624.

All public money to be deposited with treas

urer.

Sec. 15. All moneys, assessments and taxes belonging to or collected for the use of any county, city, town, or other public or municipal corporation, coming into the hands of any officer thereof, shall immediately be deposited with the treasurer, or other legal depositary, to the credit of such city, town, or other corporation respectively, for the benefit of the funds to which they belong.

Cited: 4 W. 154.

Construed: 35 W. 503; 37 W. 14.

STATUTORY PROVISIONS.

CHAPTER I.

COUNTY ROADS.

1. Laying Out.

County roads shall be laid out and established by order of the county commissioners of the proper counties on the application of householders in the manner provided in this act. (L. '95, p. 82, §1; B. C., §3771; P. C., §7820.)

2. Petition.

Applications for the laying out and establishing or changing of any county road shall be by petition in writing, to the board of county commissioners, signed by at least ten householders of the county residing in the vicinity of the proposed road. (L. '95, p. 82, §2; B. C., §3772; P. C., §7821.)

3. Route and Width.

Such petition must set forth the terminal points of the proposed road; the course, the width, which shall not be less than thirty feet nor more than one hundred feet, and that the proposed road is practicable and will be of general use and public utility. (L. '95, p. 82, §3; B. C., §3873; P. C., §7822.)

Width of road on state line-§4 and §5.

Width of road across stream-§6.

Right-of-way over state lands, width of—§54.
Road on county line-§31.

4. Width of Roads-Roads on State Line.

That all county roads hereafter laid out and established shall not be less than thirty nor more than sixty feet wide, to be determined by the viewers as hereinafter provided, except that when the road is upon the state line the county commissioners may determine the width, not less than fifteen nor more than