814 



WASHINGTON. 



Timber Interests. In December the loggers of 

 Puget Sound met in Seattle and formed an organi- 

 zation under the name of the Puget Sound Timber- 

 men's Association for the purpose of uniting all 

 persons in the lumber business in aii effort to se- 

 cure uniform classification and scale of logs, spars, 

 etc., and the establishment from time to time of a 

 uniform schedule of prices. Articles of incorpora- 

 tion were adopted, and an advisory board of ten 

 members was elected. The board was given power 

 to regulate the production of logs so as to keep 

 within the demand, and also to make agreements 

 with lumbermen as to prices, classification, and 

 scaling. 



State Capitol. The contract for building the 

 State Capitol was awarded in February for $822,- 

 951, the amount to be paid in cash. 



Decisions. The Supreme Court decided that 

 Puget Sound includes the Gulf of Georgia. This 

 decision arose through the refusal of the State Fish 

 Commissioner to issue licenses to fishermen who 

 desire to operate in the Gulf of Georgia. 



An important opinion on the liability of a cor- 

 poration for neglect of its agent, whereby an em- 

 ployee of the company is injured, was handed down 

 by the Supreme Court. The plaintiff was in the 

 employ of the Great Northern Railroad Company, 

 and with a number of men was engaged in getting 

 out rock from the side of a hill. He was injured 

 by the explosion of a blast of giant powder, which 

 resulted in the loss of one eye. The explosion was 

 caused by his drilling into an unexploded charge 

 that had missed fire at. a previous setting. It ap- 

 peared that the company's foreman in charge of 

 the work knew of the existence of this unexploded 

 charge, but gave no warning to the man, and that 

 plaintiff did not know of it. Judgment for 5.000 

 was given against the company in the lower court, 

 and was affirmed by the Supreme Court. 



The question of the eligibility of women to hold 

 school offices was decided in the affirmative by the 

 Supreme Court. Ella L. Guptill was elected coun- 

 ty school superintendent of Clellan County, and a 

 citizen of that county brought proceedings through 

 which the Superior Court annulled and set aside 

 her election. She appealed to the Supreme Court, 

 which reversed the action of the Superior Court 

 with directions to dismiss the proceeding. The 

 respondent contended that prior to the election of 

 the appellant there was no law in the State confer- 

 ring upon her the right to hold the office. The 

 Legislature had not prescribed the qualifications of 

 county superintendent, but it was claimed by the 

 respondent that section 3,050 of the Code of 1881 

 expressly precludes women from holding any office 

 whatever. This section provides that " All Ameri- 

 can males above the age of twenty-one years, . . . 

 and none other, shall be entitled to hold office or 

 vote at any election in this Territory." This sec- 

 tion, however, was partly superseded by the pro- 

 visions of the State Constitution. The first Legis- 

 lature of the State passed an act establishing a 

 general uniform system of common schools. This 

 act provides for the election in each county of a 

 superintendent of schools and prescribes his duties. 

 In this section the Legislature used the pronouns 

 "he" and "his" in speaking of the term of office, 

 etc., of the county superintendent. It is nowhere 

 in the act provided expressly that women may hold 

 this office. That they may do so, however, is im- 

 plied in section 78 of the act, which provides that 

 "whenever the word 'he' or 'his' occurs in this 

 act, referring to either the members of the Board 

 of Education, county superintendents, city super- 

 intendents, teachers, or other school officers, it, 

 shall be understood to mean also 'she' or ' her.' " 

 The court held that if the Legislature, when they 



enacted this section, did not contemplate that 

 women could be elected to the office of Count v 

 Superintendent, the provision made is clearly with- 

 out force or meaning. " It is the duty of the courts 

 ordinarily to give full force and effect to every word 

 of a statute, rather than to attribute to the Legisla- 

 ture either folly or ignorance.'' The opinion con- 

 cludes : " There being in this State, therefore, no 

 constitutional or statutory disqualification of fe- 

 males to hold the office of County Superintendent 

 of Schools, and the Legislature having, by clear im- 

 plication, recognized the right, our conclusion is 

 that the office may be legally held by a woman 

 who is competent to discharge the duties pertain- 

 ing thereto." 



The Supreme Court affirmed the decision of the 

 Superior Court of King County in a suit that arose 

 cut of a petition from the city of Seattle to the 

 Board of Land Commissioners to have a review and 

 readjustment of the plat of tide lands in front of 

 the city, which was made and filed with the board 

 by the local board of tide-land appraisers for King 

 County, and especially a change of direction and 

 location of certain streets that were laid out by the 

 local board. The State board refused to consider 

 the petition, for the reason that, in its opinion, it 

 had no right or authority to review the acts of the 

 board of tide-land appraisers concerning streets. 

 The city applied to the Superior Court of King 

 County for a writ of mandate to compel the Stall- 

 board to proceed to hear and determine the matters 

 set forth in its petition. The issuance of the alter- 

 native writ was waived, a general demurrer was 

 interposed, which was sustained, and, the city de- 

 clining to plead further, the case was dismissed at 

 its cost. From this judgment the city appealed. 

 The Supreme Court held that the streets as located 

 and platted are public highways, and the board has 

 no power to relocate or change them ; that the 

 State board is given power by the law to review 

 its own acts and, under certain circumstances, to 

 reappraise tide lands which were appraised by local 

 boards, but that nothing is found in the law con- 

 ferring upon it the authority to change established 

 streets. 



Arbor Bay. The Governor designated the 24th 

 of April as Arbor Day, saying in his proclamation : 

 " It is urgently recommended that the day be ob- 

 served by the people of this State by planting of 

 trees, shrubs, and vines in public and private 

 grounds : and that in all institutions of learning 

 such appropriate exercises, teachings, and practical 

 illustrations may be indulged in as will best em- 

 phasize the advantages to be derived from tree cul- 

 ture and the care and preservation of our forests." 



Horticulture. At the meeting of the State 

 Board of Horticulture in April the secretary re- 

 ported that the fruit crop for the last year was the 

 largest ever grown in the State. Prices ruled steady 

 in all kinds of fruit, and there was a steady de- 

 mand. The prune-plum crop for the year amounted 

 to 16.000.000 pounds, of which more 'than 3,000.000 

 pounds were dried. Berry-growers on the Sound 

 found a new market for their product. More than 

 20,000 crates were shipped to Idaho, Montana, and 

 other eastern points by express, the price averaging 

 70 cents a crate, or 3 cents a pound. Walla Walla 

 County shipped 450 car loads of fruits and vegeta- 

 bles; Whitman an equal amount; Yakima 36 car 

 loads of fruit and 76 of vegetables ; Wenatchee, 25 

 car loads of fruit alone. All this was sent to points 

 outside the State. Prices for winter apples ranged 

 from fil to $1.50 a box. Shipments of cherries 

 were satisfactory, orchardists receiving 4 cents a 

 pound for them. All the orchards in the State 

 were reported to be in excellent condition. Since 

 the planting season began, 10,000 acres have been 



