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On motion of Mr. Gandy, the rules were suspended, and the bill was read second time by title.

On motion of Mr. Gandy, the rules were further suspended, and the bill was considered engrossed and was read third time, and passed by the following vote, to wit: Yeas 74, nays none, absent and not voting 4.

Those who voted yea were: Messrs. Adams, Anderson of Mason, Anderson of Whatcom, Arrasmith, Barlow, Bass, Berry, Bothell, Brock, Caughran, Chambers, Collins, Cushman, De Steiguer, Dysart, Farrish, Fellows, Flummerfelt, Frame, Frater, Gandy, Garretson, Godman, Hanson, Holt, Hunsaker, Hutchinson, Johnson, Jones, Kennedy, Lawton, Lehman, Meany, Megler, Metcalfe, McClure, McKay, McKnight, Miller, Moore, Morse, Murray, Nevin, Painter, Palmer, Parcell, Pearson, Powell, Putney, Ragsdale, Reinhardt, Ready, Reitze, Rockwell, Sallee, Schricker, Sharpstein, Smith, Smyth, Spinning, Taylor, Thalman, Tiffany, Tillotson, Tyler, Troy, Wasson, Walker, Walter, Wyman, Yancy, Yeomans, Young, and Mr. Speaker.

Those absent and not voting were: Messrs. Andrews, Davis, Plummer, and Snively.

The emergency clause was passed by the following vote, to wit: Yeas, 74; nays, none; absent and not voting, 4.

Those who voted yea were: Messrs. Adams, Anderson of Whatcom, Anderson of Mason, Arrasmith, Barlow, Bass, Berry, Bothell, Brock, Caughran, Chambers, Collins, Cushman, De Steiguer, Dysart, Farrish, Fellows, Flummerfelt, Frame, Frater, Gandy, Garretson, Godman, Hanson, Holt, Hunsaker, Hutchinson, Johnson, Jones, Kennedy, Lawton, Lehman, Meany, Megler, Metcalfe, McClure, McKay, McKnight, Miller, Moore, Morse, Murray, Nevin, Painter, Palmer, Parcell, Pearson, Powell, Putney, Ragsdale, Reinhardt, Ready, Reitze, Rockwell, Sallee, Schricker, Sharpstein, Smith, Smyth, Spinning, Taylor, Thalman, Tiffany, Tillotson, Tyler, Troy, Wasson, Walker, Walter, Wyman, Yancy, Yeomans, Young, and Mr. Speaker -- 74.

Those absent and not voting were: Messrs. Andrews, Davis, Plummer, and Snively-4.

The title of the bill was agreed to.

The clerk was instructed to report the passage of the bill to the Senate to-day.

Mr. Putney moved that the House adjourn.

The House refused to adjourn.

Mr. Barlow was excused until Monday.

Mr. Gandy moved that the House adjourn until to-morrow at 10 o'clock A. M.

Mr. Spinning moved to amend the motion so as to adjourn until Monday at 10 o'clock A. M.

The amendment to the motion was adopted.

The motion as amended was adopted, and the House was adjourned until 10 o'clock a. M. on Monday.

T. G. NICKLIN, Chief Clerk.

AMOS F. SHAW, Speaker.

SIXTH DAY.

MORNING SESSION.

HOUSE OF REPRESENTATIVES,

OLYMPIA, WASHINGTON, Monday, January 12, 1891.

10 o'clock A. M.

The House was called to order by the speaker.

The roll was called. All the members present except Messrs. Anderson of Mason, Andrews, Arrasmith, Bass, Davis, Plummer, Rockwell, Smith, Snively, Spinning, Tillotson, Walter, and Yancy; excused.

The journal of the last day's session was read, and approved as read.

The following telegram was read:

REDONDO BEACH, Cal., January 8, 1891.

Hon. A. F. Shaw, Speaker of the House:

Present my kind regards to members of the House, hoping that you will be harmonious, and that your deliberations will result in wise and just legislation that will advance the best interests of our noble young ELISHA P. FERRY.

state.

On motion of Mr. Sharpstein, the following resolution was unanimously adopted:

Resolved, That the speaker be requested to convey to Governor E. P. Ferry the good wishes of this House and express to him our hope that he will soon be able to return to this state completely restored in health.

REPORT OF COMMITTEE ON PRINTING AND SUPPLIES.

The Committee on Printing and Supplies made the following report:

MR. SPEAKER:

Your Committee on Printing and Supplies respectfully recommends that the state printer be ordered to print, immediately, three hundred copies of the rules of the House, embodying the joint rules of the Senate and House, and the standing committees of the House.

F. L. PUTNEY, Chairman.

Mr. Painter moved the adoption of the report.

Mr. Megler moved that the report lay on the table until the appointment of the standing committees.

The House refused to lay on the table.

The report was adopted.

Mr. Powell offered House concurrent resolution No. 2, Relative to printing 5,000 copies of the governor's message.

On motion of Mr. Powell, the resolution was adopted.

On motion of Mr. Gandy, the rules were suspended and the clerk was instructed to report the passage of the resolution to the Senate immediately.

On motion of Mr. Gandy, the speaker was authorized to appoint a private secretary at a salary of $4 per day.

On motion of Mr. Kennedy, as amended by the motion of Mr. Gandy, the sergeant-at-arms was instructed to furnish all representatives of the public press in attendance on the sessions of this House with a reasonable quantity of stationery, for use in reporting the proceedings of the House.

MESSAGE FROM THE GOVERNOR.

The following communication was received from the governor: EXECUTIVE DEPARTMENT, STATE OF WASHINGTON,

OLYMPIA, January 12, 1891. To the honorable the House of Representatives of the State of Washington: GENTLEMEN I have the honor to transmit to you one printed copy of each report of the various state officers, institutions and boards enumerated below: State auditor, superintendent of public instruction, state librarian, attorney general, state agricultural college, Cheney state normal school, state fish commissioner, pilot commissioners, Western Washington hospital for the insane, Eastern Washington hospital for the insane, board of health Puget Sound district, state board of dental examiners, commissioner of insurance, Washington soldiers' home, school for defective youth, Washington state reform school, penitentiary commissioners.

SIG. 3.-HOUSE.

In accordance with section 2 of an act entitled "An act to appoint a commissioner to compile, rearrange and annotate the laws of Washington, and to provide for the publication and distribution thereof, and for the payment therefor," I have this day forwarded to the sergeant-at-arms for proper distribution seventy-eight copies of the remedial code, or code of procedure, of Hon. William Lair Hill, code commissioner.

I have transmitted to the honorable the Senate forty-five bills submitted to me by Mr. Hill, in accordance with section 4 of the act above referred to, and inclose herewith letter received from Mr. Hill on the subject, for such action as you may deem proper.

I have the honor to be your obedient servant,

CHAS. E. LAUGHTON,

Lieutenant Governor and Acting Governor.

[Enclosure received with message from the governor:]

To his Excellency Chas. E. Laughton, Governor of the State of Washington: SIR-I hand you herewith one hundred and fifty (150) copies of the remedial code of Washington, as prepared, arranged and annotated by me; also, bills for the enactment of such amendments and changes and new sections as seem to me to be necessary to harmonize the code with the constitution and with itself.

This volume embraces procedure in civil and criminal causes. It was my hope to present the penal statutes in the same volume, but that seems impracticable on account of the large bulk to which the volume would be swelled by doing so. It will, therefore, probably be necessary that the penal statutes shall be embraced in the volume containing the general laws; that volume I have been unable, for want of time, to have before you at this time, but will have it before you in a few days.

Instead of a single bill for the enactment of the amendments and alterations required to harmonize this work with the constitution, and to harmonize the laws with themselves, it has become necessary to present a large number of bills covering the same matter. This necessity arises from the provision of the constitution of the state which requires that every bill shall have but one object in view, and that object shall be stated in the title.

The law under which I have been acting, that is the law appointing a code commissioner, contemplating, as I read it, that I shall, as closely as possible, adhere to the laws as they existed-a requirement which seems to me eminently a wise one-I have endeavored to preserve the spirit and purposes, and even the details of the code of 1881, and the laws subsequently passed, and have departed therefrom in no case requiring the introducing of any radical or important change in the proceedings of the courts. In a few instances, not to exceed ten, I am of the opinion that an improvement would have been made by changing the system or adding thereto provisions which would have required something more or something less in procedure than that which has been heretofore followed, but I have not felt at liberty to introduce these changes.

Also, there are some provisions which, as a matter of my own preference, I should have omitted, but have not felt at liberty to do so under

the act appointing me. Especially is this so as to the chapter providing for proceedings in the nature of ne exeat. Most of the code states have abolished that writ entirely, and all proceedings in the nature of it. In arranging the general statutes - that is, the constitution outside of the subject of procedure and all penal statutes - I have taken no liberties whatever with the laws as I found them, excepting in a few instances where sections were in direct conflict with each other; in which instances, of course, the requirements that I harmonize the statutes made necessary such changes as would remove the conflict.

In the volume of remedial code or code of procedure, already in hand, I find upon a rapid examination a considerable number of clerical and typographical errors, which will, of course, be corrected before the volume goes to print finally.

In order that the sources of the various sections may be taken at a glance by persons using the volume, I have indicated the sections taken from the code of 1881-that code having been made by the statute the basis of my work-by preserving in brackets at the beginning of each section in this volume, the number of the section in the code of 1881; and at the close of each section of this volume taken from statutes passed after the code of 1881, I have given the date of the passage of the act, and the number of the section of the original act where it will be found. Those sections in this volume having neither of these indications are sections requiring change by the present legislature, and these are covered by the bills I have prepared. By this arrangement much time and inconvenience will be saved to all persons having occasion to use the statutes. At the end of sections taken from statutes passed subsequently to the code of 1881, will be found the date of their taking effect, whenever that date is specified in the statute; when not specified in the statute, no date is given, as they would then take effect at the time appointed by general law or by the constitution.

In the annotations, I have endeavored to present the points of the decisions of the supreme court of this state and of the territory, construing these statutes; and also of the decisions of the highest courts in some of the leading states in construing similar statutes. I have not endeavored to present all the decisions of other states upon these subjects, but only such as will point out the line of authority. To have embraced all would have caused the volume to multiply itself into many.

No doubt, there will be found many imperfections in my work, which the legislature will correct; but I can only say, I have given it my very best labor and thought, devoting most of my time to it since the time of my appointment, and have had the assistance of persons of large experience in such work. As to the statutes themselves, nothing has been done which has not passed under my own hand and received the most careful

attention.

The difficulties of the work were suggested by the former code commissioner, and I have found them certainly no less than I expected them Very respectfully, your obedient servant,

to be.

Dated OLYMPIA, WASH., January 7, 1891.

W. LAIR HILL.

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