right-of-way, if such crossing is so constructed and maintained as to do no unnecessary damage: Provided, That any person or corporation constructing such crossing or operating such railroad or railway on or along such county road or public street shall be liable to the county for all necessary expense incurred in restoring such county road or public street to a suitable condition for travel. (L. '07, p. 192, §1.)

See $76 for franchises along State Aid Roads.

224. Trams on Roads.

TRAMS ON ROADS.

The county commissioners of the several counties in this state may grant to persons, companies or corporations the right to build and maintain tram roads upon the public highways under such regulations and conditions as said county commissioners may prescribe. (L. '01, p. 192, §1; P. C., §7920.)

Not allowed on state roads or State Aid Roads without permission of state highway board—§76.

225. Space to Be Used.

Such tram road shall not occupy more than eight feet of the public highway upon which the same is built and shall not be built upon the track of travel nor in such a way as to interfere with the public travel upon such public highways: Provided, That nothing contained in this act shall be construed to prevent county commissioners from granting franchises for electric railways upon public highways. (L. '01, p. 192, §2; P. C., §7921.)

226. Telegraph or Telephone Lines.

Any telegraph or telephone corporation or company, or the lessees thereof, doing business in this state, shall have the right to construct and maintain all necessary lines of telegraph or telephone for public traffic along and upon any public road, street or highway, along or across the right-of-way of any railroad corporation, and may erect poles, posts, piers or abutments for supporting the insulators, wires and any other necessary fixture of their lines, in such manner and at such points as not to incommode the public use of the railroad or highway, or itnerrupt the navigation of the waters: Provided, That

when the right-of-way of such corporation has not been acquired by or through any grant or donation from the United States, or this state, or any county, city or town therein, then the right to construct and maintain such lines shall be secured only by the exercise of right of eminent domain, as privided by law: Provided further, That where the right-of-way as herein contemplated is within the corporate limits of any incorporated city, the consent of the city council thereof shall be first obtained before such telegraph or telephone lines can be erected thereon. (L. '90, p. 292, §5; B. C., §4369; P. C., §7171.)

CHAPTER XVIII.

SHADE TREES AND HEDGES ON HIGHWAYS.

227. Lawful to Plant-At Certain Distances, Etc.

Any person or company wishing to plant and cultivate shade or ornamental trees on the public highways of the State of Washington may lawfully do so by planting the same in the said highways at a distance not greater than ten (10) feet from the lines dividing the land owned by them from the said highways when the said roads have a legal width of sixty (60) feet or more and at a distance not greater than eight (8) feet from said dividing lines when said roads have a legal width of less than sixty (60) feet: Provided, That such trees shall not be lawfully planted where the entire width of the road is required for public use by reason of heavy cuts, fills, slopes or grades. (L. '03, p. 221, §1; P. C., §7914.)

See $8251-252.

228. Hedge Fences.

It shall be lawful for any person or company to plant hedge fences on the line dividing their property from public highways and to use temporarily a strip of said highway not exceeding eight (8) feet in width for the protection and cultivation of such hedges and to maintain temporary fences within

said strip for a period not exceeding four (4) years after the said hedges have been planted. (L. '03, p. 222, §2; P. C., $7914a.)

229. Duty of Road Supervisors.

It is hereby directed to be the duty of road supervisors and overseers to protect trees and hedges now growing or which may be hereafter planted in the public highways of the state when such trees and hedges are located in conformity with the provisions of this act. (L. '03, p. 222, §3; P. C., 7914b.)

230. Injury or Destruction-Penalty.

Willful injury to or destruction of shade or ornamental trees or hedges in or along the line of any public highway in the State of Washington is hereby declared to be a misdemeanor and the perpetrators of such injury shall be liable for each tree so injured or destroyed, to a fine not less than five dollars ($5.00) nor more than fifty dollars ($50.00) or to imprisonment in the county jail for not more than sixty (60) days or to both such fine and imprisonment. (L. '03, p. 222, §4; P. C., $7914c.)

See $8251-252.

CHAPTER XIX.

NOXIOUS WEEDS.

231. State Botanists.

That for the purpose of this act the botanist of the State University of Washington, and the botanist at the State College of Washington, at Pullman, are hereby made ex-officio state botanists, to act without additional compensation. (L. '07, p. 159, §1.)

NOTE: This act psobably supercedes Act of March 8, 1899, L. '99, p. 74; §§3311-3318, Pierce's Code, q. v.

232. Noxious Weeds.

Canada thistle (chicus arvensis), Russian thistle (Salsola Kali tragus), tumbling mustard, the so-called "Jim Hill" mustard, (Sisymbrium altissimum), cockleburr, and all other weeds

liable to become a pest and detrimental to the agricultural interests of any county in this state, are hereby declared to be noxious weeds. (L. '07, p. 159, §2.)

233. State Botanist May Designate.

When the state botanists are or either of them is of the opinion that any weed is, or may become noxious as herein defined other than those specifically mentioned, he or they shall notify the auditor of the county in which such weeds are, and the clerk of each incorporated city or town in such county, giving a description of such weed, and he or they shall also accompany such description with a specimen of the same, and shall at the same time, send to each road supervisor of such county a description and specimen of such weed. (L. '07, p. 159, §3.)

234. Notice of Declaration of Noxious Weed.

The county auditor and the city or town clerk, upon receipt of said description and specimen shall have said description published weekly in the newspaper doing the county or city printing for four successive weeks, and he shall retain said specimen in his office for the inspection of the public. (L. '01, p. 159, §4.) 235. Weeds to Be Destroyed.

If any owner, possessor or occupier of land, shall knowingly suffer any noxious weeds as herein defined to grow thereon and the seed to ripen he shall be guilty of a misdemeanor and upon conviction thereof be fined not to exceed twenty dollars for each offense and the costs of presecution: Provided, That this section shall not apply to what is commonly known as “Bull thistles" on lands not used for agricultural purposes outside cities and towns. (L. '07, p. 160, §5.)

236. Supervisors to Give Notice.

It shall be the duty of each road supervisor in each road district in this state to see that the provisions of this act are carried out within their respective districts, and he shall give notice to the owner, possessor or occupier, or to the agent of such owner, if known, of any land in his district whereon any noxious weeds are growing, requiring him to cause the same to be cut

down within ten days from the service of such notice, and in case such owner, possessor, occupier or agent of such owner shall refuse or neglect to cut down said noxious weeds within said ten days, then the said road supervisor shall enter upon the land and cause all of said weeds to be cut down with as little damage to growing crops as may be: Provided, That when such noxious weeds are growing upon the land of a non-resident of this state and such owner has no known agent in the county, said notice shall be posted in a conspicuous place on the land in view of the traveling public: And provided, That in case of noxious weeds growing on the right-of-way of any railroad within said road district, said notice may be served on the section foreman in charge of the portion of the right-of-way within said district, or it may be served on any agent of the company in said county: And provided further, That in case such noxious weeds are growing on public lands and not occupied by a lessee it shall be the duty of said supervisor to cut said weeds as herein provided and the cost thereof shall be paid by the county out of the general fund. (L. '07, p. 160, §6.)

237. Expenses of Destruction.

Each road supervisor shall keep an accurate account of the expenses incurred by him in carrying out the provisions of this act, with respect to each parcel of land entered upon therefor, and shall offer or send by mail a statement of such expense, including a description of the land, verified by oath, to the owner, possessor, occupier or agent of such owner if known, requiring him to pay the same within thirty days. In case payment thereof is not made within said time, the supervisor shall present said claim to the board of county commissioners, and if the board finds the same correct, it shall be ordered paid out of the road and bridge fund of said county. (L. '07, p. 160, §7.)

238. Special Assessment for.

At the time when the board of county commissioners pays the claim for cutting said weeds as in section 7 [237] provided, it shall make an order that the amount paid be a tax on the land on which said work was done, and the county treasurer shall