Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1890-04-19

e~~eNSSS ASoN
than $50 or imprisonment not exceedidg
six months; for breaking down or damag-
ing bridge, railway, plank or macadi-
mized road, telegraph posts or wires,
lock or embankment of canal, from six
months to two years or a fine of from
$50 to 81 900; for setting fire to prairie
or the grounds of another or suffer fire
to pass from his own grounds or premises,
imprisonment in the county jail from
three months to one year or fine of from
$50 to $500; for maliciously or wantonly
cutting down any bush or tree, breaking
glass or defacing buildings or destroying
any fence or hedge inclosing another's
land, imprisonment from three months
to one year or fine of from $40 to $500,
for breaking or removing monuments
used to designate boundaries, guide
posts, mile stones or finger boards, or
defacing the inscription on the same, OF
break or extinguish street lamps, i'm
prisonment for from one to three months
or fine of from SO to $500. Printed
or written notices signed by the owner
of the lands is deemed sufficient notice
requiring all persons to forbear trespass-
ing.
House bill 100, by Sharp, relative to
irrigation and irrigating bitches. 1t
gives any person right to appropriate
water not heretofore appropriated or
subject to right at the time Of the adop-
ton of the constitution. The use of
water is deemed public use, and it shall
always be subject to condemnation as
provided by the legislature. All land
owners are entitled to water to the full
extent of the soil for agricultural pur-
poses and shall be entitled to rights of
way through other land to bring the
water to his land. Condemnation pro-
ceedings may be instituted upon the re-
fusal of the owner to grant the right of
way. In case there is not sufficient
water in the stream to supply all the
country through which it runs, superior
judges may appoint commissioners to
apportion the water in an equitable
manner, a certain amount upon alter
nate days in certain localities. Any per
son owning lands in the vicinity of any
natural lake or stream not abutting up
on the same may take water from it il
there is any surplus. In case of an IN
usual drouth the commissioners appoint
ed to apportion water shall endeavor to
make the apportionment SO that orchards
and perennial plants upon farms shall be
kept alive. The vested rights to water,
whenever called into question, shall be
based and determined upon the usual
volume of water, and if the same is uni
versally low, the rights of persons shall
be reduced in accordance. County COM
missioners have authority to prevent
waste and prosecute persons who dis
obey for contempt of court. Ditch own
ers are required to keep their bitches in
good order so that there shall be no
waste or damage to the property of
others, and to build bridge sixteen feet
wide where their bitches cross public
highway. During the irrigatlng season
it shall be unlawful for any person to run
more water than he needs through a
ditch and upon conviction he may be
fined from 800 to 81, 900. Each county
in the state is made an irrigation district
to be under the charge of commissioner,
whose duty it is to divide the available
water among the ditch owners according
to their prior right. He is vested with
full power to enforce this act. Rights of
ways may be condemned the same as
railroad rights of way. Corporations
may build irrigating bitches to supply
water, but the rights of condemnation
given them shall rot extend beyond the
riparian rights of persons as set forth IN
the common law, and is not intended to
deprive any person Of water in use for
irrigating purposes. Superior courts
have authority to adjudicate rights. y
Senate bill %, for the appointment OF
notories public. Notaries are to hold
office four years and be appointed only
upon the petition Of twenty freeholders
of his county. Commissions are fixed
at $40, which is to be paid into the
special state library fund. Each notary
must give a bond of $1,000. Notaria
fees are fixed as follows: For protesting
bills of exchange or promissory notes, 81
for each notice, 20 cents; attesting in
struments of writing, under seal, 81
cents; noting a bill of exchange o.
promissorv note for non-acceptance o.
non-payment, 81; for each acknowledge
ment of any legal instrument, so cents
for the first name and % cents for eacl
additional name; registering protest o.
bill Of exchange or promissory note, Y
cents; certifying an affidavit and al
other certificates under seal, 25 cents
being present at demand, tender or de
post and noting the same, besides mile