rates. Conformity of the first day of December, 1890, shall be fixed as near in conformity with sections one and two of this act as may be or as is practicable. Forfeiture of compensation. SEC. 5. In no instance shall any such individual, company or corporation, lessee or other person, charge or receive any greater rate of compensation for carrying freight than herein before provided, and any individual, company or corporation, violating or in any way evading the provisions of this act shall forfeit all right to recover or receive any compensation whatever for the service rendered wherein such violation is attempted, and every agent of any such corporation, lessee, or other individual, operating any railroad within this state who shall refuse to receive for transportation over the railroad for which he is agent, in the usual way, any of the articles herein before mentioned on account of the compensation hereinbefore prescribed being too low, or receiving any such articles of freight, shall charge, or attempt to charge, for the transportation of the same any greater sum than herein allowed, or shall in any manner violate or evade the provisious of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not exceeding five hundred dollars ($500.00) for each and every offense, and the injured party shall have a right of action against the railroad company, or other person operating the railroad, or both, in which he shall be entitled to recover the amount taken or received from him in excess of the rates prescribed by this act, together with attorneys' fees and costs of suit. And in all prosecutions Who may sue. for violations of this act by any person, company or corporation, such person, company or corporation making the complaint is authorized to sue in any court of competent jurisdiction in this state. Penalty. Passed the house February 26, 1891. AMOS F. SHAW, Speaker of the House. Passed the senate March 3, 1891. E. T. WILSON, President pro tem. of the Senate. [Indorsed.] HOUSE BILL No. 243, an act regulating and fixing railroad freight rates in the State of Washington. January 16, 1893.-Special order for January 30th at 10 A. M. IN THE SENATE. Made special order for Thursday, February 2d, 10 o'clock A. M. Passed over governor's veto February 2d. Ayes 30, nays 4. ALLEN WEIR, Secretary. NOTE BY THE SECRETARY OF STATE.- Filed by the governor, together with his objections thereto, in the office of the secretary of state, March 14th, 1891, being within ten days after the adjournment of the legislature, and laid by the secretary of state before the legislature at its next session on the first day thereof. J. H. PRICE, Secretary of State. CHAPTER II. [S. B. No. 1.] LEGISLATIVE EXPENSES. AN ACT making appropriation for the expenses of the third legislature of the State of Washington. Be it enacted by the Legislature of the State of Washington: SECTION 1. That there be and there is hereby appropriated out of any money in the treasury of the state, not otherwise appropriated, the sum of sixty thousand dollars, or so much thereof as may be necessary, to pay the per diem and mileage of the members and the salaries of the officers and employés of the present session of the legislature of the State of Washington, and the other expenses of this session. SEC. 2. This act shall take effect and be in force from and after its passage and approval by the governor. Approved January 16, 1893. CHAPTER III. [H. B. No. 13.] AUTHORIZING CERTAIN JUDGES OF THE SUPERIOR AN ACT authorizing any judge of the superior court of this state Be it enacted by the Legislature of the State of Washington: SECTION 1. That any person who was a judge of the superior court of this state prior to the second Monday of January, 1893, and whose term of office expired on said day, shall have the same powers and authority in settling and certifying to any statement of facts for the purposes of perfecting an appeal to the supreme court under the laws of this state, in any action or proceeding which was tried before him, as if his term of office had not expired on said day. SEC. 2. That there is no provision of law under which statements of facts can be settled and certified in cases tried before the persons mentioned in section one of this act, and the rights of appeal to litigants in said cases will be substantially destroyed by a delay of time when this Emergency. act shall take effect; therefore, an emergency is declared to exist, and this act shall take effect and be in force from and after its passage and approval by the governor. Approved January 21, 1893. CHAPTER IV. [S. B. No. 12.] RELIEF OF LOCAL BOARDS OF TIDE AND SHORE LAND AN ACT for the relief of the local boards of tide and shore land ap- WHEREAS, Under section 3 of the above entitled act it became the duty of the governor to appoint in each county of the state, where shore and tide lands exist, a board of appraisers, consisting of three disinterested freeholders, whose duty it shall be to examine and appraise the tide and shore lands in their respective counties -;" and WHEREAS, NO provision has been made by law for the payment of the services of these appraisers and their employés; and WHEREAS, Between the 24th day of October, 1891, and the 5th day of January, 1893, certificates of indebtedness. were issued by the state auditor for necessary expenses in connection with the surveys of the tide lands in the counties of Whatcom, Kitsap, Thurston, Jefferson, Skagit, Snohomish, Clarke and Pacific, amounting in all to the sum of nineteen thousand three hundred and twenty-nine dollars and forty-five cents ($19,329.45); and WHEREAS, In many instances, the employés of the several boards have suffered great pecuniary inconvenience on account of the failure to make the necessary appropriation: now, therefore, to call in indebtedness warrants in Be it enacted by the Legislature of the State of Washington: SECTION 1. That the state auditor be and he is hereby State auditor directed to call in all certificates of indebtedness issued by certificates of him between the 24th day of October, 1891, and the 9th and issue day of January, 1893, for necessary expenses in connection lieu thereof. with the surveys of the tide lands in the counties of Whatcom, Kitsap, Thurston, Jefferson, Skagit, Snohomish, Clarke and Pacific, and issue in lieu thereof warrants on the state treasurer to be paid out of the tide land fund, for State treasurer. the respective amounts with legal interest from the date of SEC. 2. The state treasurer is hereby authorized and di- SEC. 3. The sum of twenty-two thousand dollars or so much thereof as may be necessary is hereby appropriated Appropriation. Out of the tide land fund in the state treasury not otherwise appropriated, to pay the warrants issued by the state auditor in pursuance of this act. SEC. 4. This act shall take effect from and after its pas- Time of election. Governor appoints in case of vacancy. CHAPTER V. [S. B. No. 15.] ELECTION OF JUDGES OF THE SUPREME COURT. SECTION 1. There shall be elected by the qualified elect- |