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AGO Opinion Archives 1949-1969
AGO 1949 No. 141 >  October 5, 1949
AUTHORITY OF AN OFFICER TO APPREHEND AND HOLD IN CUSTODY, WITHOUT A WARRANT OR FORMAL ORDER OF REVOCATION OF PAROLE, A PAROLEE SUSPECTED OF PAROLE VIOLATION. An officer appointed by the State Board of Prison Terms and Paroles has authority to apprehend and hold in custody, without a warrant or formal order of revocation of parole, a parolee suspected of parole violation.
AGO 1949 No. 142 >  October 5, 1949
WAIVER OF UNIFORM ALLOWANCE - ORGANIZED MILITIA OR WASHINGTON
WAIVER OF UNIFORM ALLOWANCE -- ORGANIZED MILITIA OR WASHINGTON Officers of the National Guard may not waive in advance the annual uniform allowance due them and such waiver would not preclude a later claim for such amount, but after uniform allowances become due and payable it may be waived.
AGO 1949 No. 143 >  October 13, 1949
COLLECTION AGENCIES FILING BONDS IN COUNTIES
COLLECTION AGENCIES FILING BONDS IN COUNTIES In the case of the ordinary collection agency which complies with § 5847-5, Rem. Rev. Stat., such collection agency may transact business in any county in the state without filing an additional bond.
AGO 1949 No. 144 >  October 13, 1949
*NEEDS TITLE*
*NEEDS TITLE* opinion_1949-51_144

1. A trailer which is "not designed primarily for use upon public streets and highways" is not a "motor vehicle" within the meaning of the statute imposing the motor vehicle excise, but is subject to payment of a personal property tax thereon.2. Payment of the motor vehicle excise is not a condition precedent to the issuance of a motor vehicle license upon a vehicle which is not a "motor vehicle" within the definition of that term in the Motor Vehicle Excise Tax Act.

AGO 1949 No. 145 >  October 14, 1949
*NEEDS TITLE*
*NEEDS TITLE* opinion_1949-51_145 Several townships do not have the authority to jointly purchase property located in one of them for their joint use as a garbage dump.
AGO 1949 No. 146 >  October 18, 1949
*NEEDS TITLE*
*NEEDS TITLE* opinion_1949-51_146 Neither chapter 161, Laws of 1949, nor chapter 182, Laws of 1947, apply to elections in irrigation districts.
AGO 1949 No. 147 >  October 21, 1949
JEOPARDY DISTRAINT - EXTINGUISHMENT OF LIENS
JEOPARDY DISTRAINT -- EXTINGUISHMENT OF LIENS

(1) Jeopardy distraint is appropriate for enforcement of a personal property tax lien where the property is about to be acquired by a P.U.D.

(2) Acquisition of property by the state or a political subdivision thereof should extinguish tax liens, regardless of the manner in which title is acquired.

AGO 1949 No. 148 >  October 27, 1949
SAVINGS AND LOAN ASSOCIATIONS - LOANS PERMITTED
SAVINGS AND LOAN ASSOCIATIONS -- LOANS PERMITTED The state chartered savings and loan association may make any unsecured loan which a federal savings and loan association may make as authorized by federal law and regulation.
AGO 1949 No. 149 >  October 28, 1949
INTOXICATING LIQUOR - SALE OF "STRONG BEER" BY CLASS H LICENSEES
INTOXICATING LIQUOR -- SALE OF 'STRONG BEER' BY CLASS H LICENSEES Class H licensees may sell "strong beer" and ale over four per cent alcohol by weight, and are entitled to purchase same from the Liquor Board at discount not less than fifteen per cent from retail price fixed by board.
AGO 1949 No. 150 >  November 1, 1949
TAXATION - REAL PROPERTY - TERRITORY ANNEXED TO A CITY
TAXATION -- REAL PROPERTY -- TERRITORY ANNEXED TO A CITY A city to which territory is annexed effective December 31, 1949, will not be entitled to a share of the taxes levied in 1949 upon the property therein.
AGO 1949 No. 151 >  November 2, 1949
LICENSE FEES UNDER INITIATIVE NO. 171 [CHAPTER 5, LAWS OF 1949]
LICENSE FEES UNDER INITIATIVE NO. 171 [CHAPTER 5, LAWS OF 1949]

The Liquor Control Board may make refunds on the unearned portion of Class 23-T license fees.The Board may make refunds of deposits for Class H licenses where the applications therefor were ultimately denied or withdrawn.Where beer and wine licenses were surrendered, no probating of fees is provided.

AGO 1949 No. 152 >  November 3, 1949
UNEMPLOYMENT COMPENSATION BENEFITS - AUTHORITY OF COMMISSIONER TO RECONSIDER
UNEMPLOYMENT COMPENSATION BENEFITS -- AUTHORITY OF COMMISSIONER TO RECONSIDER Commissioner of Employment Security Department authorized to reconsider determinations denying unemployment compensation benefits.
AGO 1949 No. 153 >  November 3, 1949
TOWNSHIPS - TAX LEVY - EXCESS OF TWO MILLS
TOWNSHIPS -- TAX LEVY -- EXCESS OF TWO MILLS A township having a population of less than five thousand inhabitants is not empowered to levy property taxes at a rate in excess of two mills, even when so authorized by a vote of its electors.
AGO 1949 No. 154 >  November 7, 1949
COOPERATIVE ASSOCIATIONS - PREFERRED STOCK
COOPERATIVE ASSOCIATIONS -- PREFERRED STOCK A cooperative association may issue preferred stock.
AGO 1949 No. 154 >  November 7, 1949
COOPERATIVE ASSOCIATIONS - PREFERRED STOCK
COOPERATIVE ASSOCIATIONS - PREFERRED STOCK A cooperative association may issue preferred stock.
AGO 1949 No. 155 >  November 8, 1949
PLANNING COMMISSION EXPENDITURES
PLANNING COMMISSION EXPENDITURES County planning commissions may subscribe to pertinent publications.
AGO 1949 No. 156 >  November 9, 1949
ISSUANCE OF DEATH CERTIFICATE - WITNESSES TO A DROWNING - BODY NOT RECOVERED
ISSUANCE OF DEATH CERTIFICATE -- WITNESSES TO A DROWNING -- BODY NOT RECOVERED Where a prosecuting attorney has affidavits of four witnesses to a drowning, and the body has not been recovered, he is the proper official to issue a death certificate if there is no coroner in the county.
AGO 1949 No. 157 >  November 17, 1949
WASHINGTON STATE SCHOOL DIRECTORS' ASSOCIATION - DUES
WASHINGTON STATE SCHOOL DIRECTORS' ASSOCIATION -- DUES Where a member of the Washington State School Directors' Association is a member of a Union High School District Board and an Elementary School District Board, the Association may by action of its governing body adopt a rule whereby both districts or but one district are liable for his dues.
AGO 1949 No. 157 >  November 17, 1949
WASHINGTON STATE SCHOOL DIRECTORS' ASSOCIATION
DUES Where a member of the Washington State School Directors' Association is a member of a Union High School District Board and an Elementary School District Board, the Association may by action of its governing body adopt a rule whereby both districts or but one district are liable for his dues.
AGO 1949 No. 158 >  November 17, 1949
GOVERNOR - AUTHORITY TO WITHDRAW COLLEGE APPOINTEE OF FORMER GOVERNOR
GOVERNOR -- AUTHORITY TO WITHDRAW COLLEGE APPOINTEE OF FORMER GOVERNOR Qualified and acting college trustee, appointed by former governor, submitted to senate but not confirmed or rejected, may not be removed from office by present Governor without cause.
AGO 1949 No. 159 >  November 17, 1949
COLLECTION OF COSTS AGAINST STATE
COLLECTION OF COSTS AGAINST STATE Costs against state must be collected by relief act if no statutory provision.
AGO 1949 No. 160 >  November 17, 1949
SCHOOL SITE - AUTHORITY TO BUILD ON DONATED PROPERTY
SCHOOL SITE -- AUTHORITY TO BUILD ON DONATED PROPERTY Original school site, plus addition selected by vote, plus gift area, was intended by district electors to constitute a single school site.  An authorization to construct upon site legally selected by electors, includes permission to build on original site and gift addition.
AGO 1949 No. 161 >  November 17, 1949
CONGRESSIONAL DISTRICT BOUNDARIES
CONGRESSIONAL DISTRICT BOUNDARIES

Legislature may change boundaries of existing congressional districts.Precinct changes do not affect boundaries of congressional districts.

AGO 1949 No. 162 >  November 17, 1949
HEALTH DEPARTMENT REGULATIONS - FLUORIDATION OF WATER
HEALTH DEPARTMENT REGULATIONS -- FLUORIDATION OF WATER Department of Health is responsible that methods of fluoridation of water is not dangerous to users.Department of Health should promulgate and enforce rules pertaining to fluoridation of water.
AGO 1949 No. 163 >  November 18, 1949
INDUSTRIAL INSURANCE - MINORS - EMPLOYMENT APPLICATIONS
INDUSTRIAL INSURANCE -- MINORS -- EMPLOYMENT APPLICATIONS The requiring of minor applicant's birth place and submission of birth certificate as proof of age on Department of Labor and Industries form for employment permit is not an unfair employment practice.
AGO 1949 No. 164 >  November 18, 1949
PERSONS ENTITLED TO WORLD WAR II VETERANS' BONUS
PERSONS ENTITLED TO WORLD WAR II VETERANS' BONUS

1. The bonus may not be paid to the estate of a veteran of World War II who died after his discharge and before June 8, 1949.2. The bonus is not payable to the surviving widower of a woman who died while in the federal military service.3. The bonus is payable to the surviving children of a woman who died in the military service.

AGO 1949 No. 165 >  November 19, 1949
FINES - LIQUOR VIOLATIONS - DISTRIBUTION TO CITIES AND COUNTIES
FINES -- LIQUOR VIOLATIONS -- DISTRIBUTION TO CITIES AND COUNTIES Fines collected for violations of the state liquor laws by a justice of the peace who is also a police judge should be remitted to the city wherein that court is seated and all other fines should be distributed to the county wherein the court imposing such fines is located.
AGO 1949 No. 166 >  November 25, 1949
FORESTRY - PROTECTION OF NON-FOREST LANDS
FORESTRY -- PROTECTION OF NON-FOREST LANDS Division of Forestry cannot undertake the protection of non-forest lands by contract.
AGO 1949 No. 167 >  November 25, 1949
SALE OF SECURITIES IN PUBLIC SERVICE COMPANY
SALE OF SECURITIES IN PUBLIC SERVICE COMPANY Washington Public Service Commission approval is not a prerequisite to a valid sale and transfer by an existing stockholder to a prospective stockholder of common stock constituting the controlling interest of the public service corporation.
AGO 1949 No. 168 >  November 25, 1949
FISHERIES CODE - DISPOSITION OF FINES
FISHERIES CODE -- DISPOSITION OF FINES

1. When a justice of the peace assesses the minimum fine and suspends a portion, the county should retain one half of the fine actually collected and remit one half to the state treasury.2. The court has authority to suspend any portion of the minimum fine.3. The court may set bail at less than the minimum fined.

AGO 1949 No. 169 >  November 25, 1949
SCHOOLS - DISMISSAL OF TEACHER BECAUSE OF PREGNANCY
SCHOOLS -- DISMISSAL OF TEACHER BECAUSE OF PREGNANCY It is extremely doubtful if a school district may dismiss a competent, capable, married woman teacher who has taught for some three years in such district where she asks for four months leave of absence for birth of her expected child.
AGO 1949 No. 170 >  November 30, 1949
INDUSTRIAL INSURANCE - APPEAL COSTS
INDUSTRIAL INSURANCE -- APPEAL COSTS Department of Labor & Industries (not new Board of Industrial Insurance Appeals) liable for all costs in connection with industrial insurance appeals.
AGO 1949 No. 171 >  December 5, 1949
WILLS - POWER OF TESTATOR TO WILL ENTIRE COMMUNITY ESTATE - DOCTRINE OF ELECTION - INHERITANCE OR GIFT TAX
WILLS -- POWER OF TESTATOR TO WILL ENTIRE COMMUNITY ESTATE -- DOCTRINE OF ELECTION -- INHERITANCE OR GIFT TAX

1. Generally, testator may not dispose of the one half interest of surviving spouse in community property by will.2. The doctrine of election is recognized in Washington where the testator clearly shows in his will that he intended to dispose of the entire community estate and the surviving spouse is thus put to her election either to renounce her moiety in the community property and accept the benefits under the will, or demand her community interest; such election may be made either by accepting the benefits of the will at distribution or by waiver or estoppel.

AGO 1949 No. 172 >  December 5, 1949
VETERANS BONUS - EXPENDITURES
VETERANS BONUS -- EXPENDITURES Auditor authorized to issue warrants for all necessary administration expenses in advance of sale of bonus bonds.
AGO 1949 No. 173 >  December 6, 1949
REFERENDUM OF ORDINANCE REGULATING TRAFFIC
REFERENDUM OF ORDINANCE REGULATING TRAFFIC

A referendum may be had in a third class city operating on the commission plan of government of an ordinance regulating traffic on a street carrying a state highway notwithstanding the approval of the ordinance by the Director of Highways.

AGO 1949 No. 174 >  December 7, 1949
SUPPLIES FOR ADMINISTRATION OF THE VETERANS' BONUS LAW
SUPPLIES FOR ADMINISTRATION OF THE VETERANS' BONUS LAW The Veterans' Rehabilitation Council may be authorized by the auditor to incur expenses payable by warrant drawn upon the veterans' compensation fund for purchase of photostating materials and supplies necessary to complete applications for the bonus.
AGO 1949 No. 175 >  December 8, 1949
STATE PARKS AND RECREATION COMMISSION - CONTRACTS
STATE PARKS AND RECREATION COMMISSION -- CONTRACTS Contracts of the Parks and Recreation Commission are binding upon their successors.
AGO 1949 No. 176 >  December 9, 1949
RELEASE BY PIERCE COUNTY OF POSSIBILITY OF REVERTER ON LAND DONATED TO THE UNITED STATES BY THE UNITED STATES BY THE COUNTY FOR MILITARY PURPOSES
RELEASE BY PIERCE COUNTY OF POSSIBILITY OF REVERTER ON LAND DONATED TO THE UNITED STATES BY THE UNITED STATES BY THE COUNTY FOR MILITARY PURPOSES Pierce County may release land donated to the United States for military purposes from the possibility of reverter to the county in the event of a non-military user under the terms of the original grant by excepting certain areas from the reservation of the possibility of reverter.
AGO 1949 No. 177 >  December 12, 1949
COUNTY ORDINANCE REQUIRING LOCAL BUTTER FAT PERCENTAGE TO BE HIGHER THAN THAT REQUIRED BY STATE LAW
COUNTY ORDINANCE REQUIRING LOCAL BUTTER FAT PERCENTAGE TO BE HIGHER THAN THAT REQUIRED BY STATE LAW County may by ordinance require that all milk sold therein have a higher content of butter fat than that required under state law.
AGO 1949 No. 178 >  December 13, 1949
COUNTY COMMISSIONERS - AUTHORITY TO CREATE POSITION OF POUNDMASTER AND PERSONS ELIGIBLE
COUNTY COMMISSIONERS -- AUTHORITY TO CREATE POSITION OF POUNDMASTER AND PERSONS ELIGIBLE

County Commissioners may by resolution or ordinance regulate animals running at large in the unincorporated areas of their respective counties and provide for the appointment of a county poundmaster.There is no basic reason why a city poundmaster may not be also appointed as a county poundmaster.

AGO 1949 No. 179 >  December 13, 1949
CERTIFICATES OF BRAND INSPECTION AND CERTIFICATES OF PERMIT REQUIRED FOR TRANSPORTATION OR REMOVAL OF LIVESTOCK
CERTIFICATES OF BRAND INSPECTION AND CERTIFICATES OF PERMIT REQUIRED FOR TRANSPORTATION OR REMOVAL OF LIVESTOCK An official certificate of brand inspection is required on all cattle, horses, mules and asses, listing such livestock by kind, color, brand or tattoo marks, for removal from the State of Washington.  Public carriers shall require such certificates before accepting any consignment of such animals for delivery outside the state.  Transportation of livestock on the public highways of the state must be accompanied by an official certificate of brand inspection or an original certificate of permit.
AGO 1949 No. 180 >  December 13, 1949
LIABILITY OF STATE FOR SEVERANCE PAY TO EMPLOYEES OF AN OPERATOR UNDER CONTRACT WITH THE STATE
LIABILITY OF STATE FOR SEVERANCE PAY TO EMPLOYEES OF AN OPERATOR UNDER CONTRACT WITH THE STATE The state cannot legally reimburse an operator under contract with the state for monies paid to employees as severance pay, where such pay was not contemplated in the contract.
AGO 1949 No. 181 >  December 14, 1949
TERRITORIAL LIMITS OF TOWNS
TERRITORIAL LIMITS OF TOWNS

(1) The one square mile territorial limitation on towns prescribed by Rem. Rev. Stat. 8935 has not been repealed by general laws relative to annexation of territory thereby. (2) The one square mile limitation on the territory of towns may be exceeded pursuant to Rem. Rev. Stat. 8892 relative to municipalities.

AGO 1949 No. 182 >  December 15, 1949
FEDERAL GOVERNMENT FURNISHING BOND TO SECURE DUPLICATE WARRANTS
FEDERAL GOVERNMENT FURNISHING BOND TO SECURE DUPLICATE WARRANTS Sections 11010, 11011 and 11012 Rem. Rev. Stat. do not require the furnishing of a bond by the United States Government in case of a lost or destroyed state warrant previously issued to the Federal Government before the execution of a duplicate warrant by the state auditor, but the state auditor should comply with statutes in all other respects.
AGO 1949 No. 183 >  December 19, 1949
VETERANS - BONUS BONDS - NEGOTIABILITY
VETERANS -- BONUS BONDS -- NEGOTIABILITY Bonds issued under the World War II veterans bonus act may be made negotiable by an act of the legislature.
AGO 1949 No. 184 >  December 20, 1949
MEMBERS OF STATE LEGISLATURE BECOMING CANDIDATES FOR ELECTIVE POSITIONS IN CITIES
MEMBERS OF STATE LEGISLATURE BECOMING CANDIDATES FOR ELECTIVE POSITIONS IN CITIES State law does not restrict the right of present senators and representatives from becoming candidates for elective positions in cities, but city charters might contain some restrictions.
AGO 1949 No. 185 >  December 22, 1949
WELFARE RECORDS - CONFIDENTIAL AND PRIVILEGED
WELFARE RECORDS -- CONFIDENTIAL AND PRIVILEGED The proposed rules and regulations are within the statutory authority of the department and adequately protect the confidential and privileged information from disclosure in court proceedings.
AGO 1949 No. 186 >  December 28, 1949
VETERANS BONUS - CHARGES FOR PHOTOSTATING OR COPYING DOCUMENTS
VETERANS BONUS -- CHARGES FOR PHOTOSTATING OR COPYING DOCUMENTS A charge may legally be made for photostating or copying documents to be used by veterans in applying for the bonus.
AGO 1949 No. 187 >  December 28, 1949
TAXES - THREE MILL LEVY BY METROPOLITAN PARK DISTRICTS
TAXES -- THREE MILL LEVY BY METROPOLITAN PARK DISTRICTS Chapters 229, 230 and 231, Laws of 1949, do not preempt for the state the three mill tax levy authorized for Metropolitan Park District purposes until the legislature specifically so provides.
AGO 1949 No. 188 >  December 28, 1949
PUBLIC PRINTER - PORT OF SEATTLE - APPROPRIATIONS
PUBLIC PRINTER -- PORT OF SEATTLE -- APPROPRIATIONS

(1) Appropriation may be paid in kind as well as in cash.(2) Public printer may only perform work on requisition by state officials - he may not do work on requisition presented by Port of Seattle

AGO 1950 No. 189 >  January 4, 1950
ELECTIONS - CLOSING REGISTRATION
ELECTIONS -- CLOSING REGISTRATION Each election to be considered separately for purposes of closing registration and giving notice thereof.
AGO 1950 No. 190 >  January 9, 1950
INVESTMENT OF SEATTLE EMPLOYEES' PENSION FUNDS IN VETERANS' BONUS BONDS
INVESTMENT OF SEATTLE EMPLOYEES' PENSION FUNDS IN VETERANS' BONUS BONDS Funds of the Employees' Pension of the City of Seattle may be invested in the bonds issued under chapter 180, Laws of 1949.
AGO 1950 No. 191 >  January 9, 1950
VETERANS BONUS BONDS - INVESTMENT OF STATE FUNDS
VETERANS BONUS BONDS -- INVESTMENT OF STATE FUNDS Any funds of the state other than the permanent school fund may be invested in veterans' bonus bonds issued under chapter 180, Laws of 1949.
AGO 1950 No. 192 >  January 9, 1950
TEACHERS' RETIREMENT
TEACHERS' RETIREMENT A teacher retired for permanent disability who subsequently becomes employed by a public educational institution, ceases to draw a pension but continues to draw his annuity unless he elects to resume membership in the Teachers' Retirement System, in which case, annuity as well as pension payments are terminated.
AGO 1950 No. 193 >  January 9, 1950
EMPLOYMENT SECURITY DEPARTMENT - RIGHT OF COMMISSIONER TO RECONSIDER APPEAL TRIBUNAL OR COMMISSIONER DECISIONS WHICH HAVE BECOME FINAL PURSUANT TO THE PROVISIONS OF THE UNEMPLOYMENT COMPENSATION ACT
EMPLOYMENT SECURITY DEPARTMENT -- RIGHT OF COMMISSIONER TO RECONSIDER APPEAL TRIBUNAL OR COMMISSIONER DECISIONS WHICH HAVE BECOME FINAL PURSUANT TO THE PROVISIONS OF THE UNEMPLOYMENT COMPENSATION ACT The Commissioner of the Employment Security Department may not review Appeal Tribunal decisions nor reconsider his own decisions for the purpose of modification or reversal when the periods of time for review or appeal established by the Unemployment Compensation Act have elapsed.
AGO 1950 No. 194 >  January 10, 1950
RENTAL FOR POLLING PLACES AND FEES FOR ELECTION OFFICERS IN FIRST CLASS SCHOOL DISTRICT ELECTIONS
RENTAL FOR POLLING PLACES AND FEES FOR ELECTION OFFICERS IN FIRST CLASS SCHOOL DISTRICT ELECTIONS School districts of the first class, other than in Class A or first class counties may pay rental for polling places and fees to election judges and clerks or inspectors.
AGO 1950 No. 195 >  January 16, 1950
COMMISSIONS IN THE NATIONAL GUARD
COMMISSIONS IN THE NATIONAL GUARD The Secretary of State may attest a commission in the National Guard if he is satisfied of the authenticity of the Governor's signature, even though he has reason to believe that the document is not legally issued.
AGO 1950 No. 196 >  January 17, 1950
OBLIGATION OF STATE TO REIMBURSE PRIVATE OPERATOR FOR WAGE CONTRACTS MADE WITH EMPLOYEES
OBLIGATION OF STATE TO REIMBURSE PRIVATE OPERATOR FOR WAGE CONTRACTS MADE WITH EMPLOYEES Private operator under contract with the state may negotiate a labor agreement obligating the state to reimburse him for wage payments made under a contract providing premium pay or additional vacation with pay.
AGO 1950 No. 197 >  January 18, 1950
WEED-KILLERS - REGULATION AND CONTROL
WEED-KILLERS -- REGULATION AND CONTROL The Aeronautics Commission is authorized to regulate and control the use and application of weed-killers by aerial sprayers and dusters.
AGO 1950 No. 198 >  January 19, 1950
ELECTIONS - DRAINAGE DISTRICT - JURISDICTION TO CONDUCT
ELECTIONS -- DRAINAGE DISTRICT -- JURISDICTION TO CONDUCT County Auditor, as ex-officio supervisor of elections, has sole jurisdiction to conduct drainage district elections in Class A and first class counties.
AGO 1950 No. 199 >  January 19, 1950
REGISTERED STATE WARRANTS
REGISTERED STATE WARRANTS Outstanding warrants are not the measure of the state debt within the constitution.  The state treasurer has no responsibility to limit the number of warrants endorsed "not paid for want of funds."  Loans may be made from one fund to another by the treasurer with the consent of the Finance Committee but the amount shall not exceed 75% of the taxes levied which may include excise taxes levied under the revenue act of 1935 as determined by the revenue estimate in the last governor's budget.  The treasurer may not permit overdrafts against funds and any borrowing must be accomplished by the actual transfer of money between funds.
AGO 1950 No. 200 >  January 20, 1950
ADAMS COUNTY JUDICIAL DISTRICT
ADAMS COUNTY JUDICIAL DISTRICT The 1949 statute providing that there shall be one judge in Adams County excludes Adams County from the judicial district formerly composed of Adams, Benton and Franklin Counties.
AGO 1950 No. 201 >  January 23, 1950
JUNIOR COLLEGE - G.I. BILL - TUITION
JUNIOR COLLEGE -- G.I. BILL -- TUITION Junior Colleges in the state may receive tuition payments from Veterans' Administration at non-resident rate even though resident students are recipients of the schools' services.
AGO 1950 No. 202 >  January 23, 1950
ANNEXATION OF NEW TERRITORY BY FIRE PROTECTION DISTRICTS AND STATUS OF PHYSICALLY SEGREGATED PORTIONS OF ORIGINAL DISTRICT
ANNEXATION OF NEW TERRITORY BY FIRE PROTECTION DISTRICTS AND STATUS OF PHYSICALLY SEGREGATED PORTIONS OF ORIGINAL DISTRICT

(1) A fire protection district may not legally annex areas which are located from one half to one and one quarter miles from the boundaries of the original district.(2) Tracts of land which are some distance from the main area of a fire protection district remain a part of the original district.

AGO 1950 No. 203 >  January 23, 1950
PROPERTY TAXATION - INTEREST RATE - EFFECT OF AMENDMENT OF STATUTE
PROPERTY TAXATION -- INTEREST RATE -- EFFECT OF AMENDMENT OF STATUTE Interest chargeable on delinquent property taxes is computed at time of payment and at rate then in effect.
AGO 1950 No. 204 >  January 24, 1950
CONTRIBUTIONS FOR SUPPORT OF JUVENILES COMMITTED TO THE STATE TRAINING SCHOOLS
CONTRIBUTIONS FOR SUPPORT OF JUVENILES COMMITTED TO THE STATE TRAINING SCHOOLS

1. Contributions for support of juveniles committed to state training schools may be made directly to the Department of Public Institutions, even though the court order may not specifically so provide.2. The Department of Public Institutions may forward statements directly to the person held liable by the court.3. Upon receipt of money pursuant to court order, the Department of Public Institutions should remit the same to the State Treasurer for deposit in the General Fund.4. No refund of overpayments may be made under existing law.

AGO 1950 No. 205 >  January 24, 1950
LEASING LAND WITHIN STATE PARKS
LEASING LAND WITHIN STATE PARKS State Park and Recreation Commission has authority to lease land within a state park to a private company for the purpose of building a hotel.
AGO 1950 No. 206 >  January 25, 1950
COLUMBIA RIVER BOUNDARY LINE BETWEEN OREGON AND WASHINGTON
COLUMBIA RIVER BOUNDARY LINE BETWEEN OREGON AND WASHINGTON The construction of "The Dalles Celilo Locks" in the Columbia River did not change the boundary lines between the states of Washington and Oregon.
AGO 1950 No. 207 >  January 25, 1950
REAL ESTATE BROKERS - DUTIES OF - COMMISSION OF - WHEN EARNED - DEFINITION OF "CLOSED" TRANSACTION
REAL ESTATE BROKERS -- DUTIES OF -- COMMISSION OF -- WHEN EARNED -- DEFINITION OF 'CLOSED' TRANSACTION

A. A real estate broker's commission is earned upon his supplying a purchaser ready, willing and able to buy according to seller's terms, and upon completing duties called for in the earnest money agreement, or his agreement with his principal.B. The broker's commission may be earned prior to final closing of a transaction, but the broker may not deduct it until he has completed all his duties and has accounted to his principal for sums coming into his hands.

AGO 1950 No. 208 >  January 27, 1950
RETAIL SALES TAX - SALES TO STATE OF WASHINGTON - SALES TO STATE PRINTER
RETAIL SALES TAX -- SALES TO STATE OF WASHINGTON -- SALES TO STATE PRINTER Retail Sales Tax should be paid by the State Printer upon the charge made for printing work done for it by private firms on contract therewith, said work being for use of State Departments.
AGO 1950 No. 209 >  January 30, 1950
PAYMENT OF EXECUTIVE SECRETARY
PAYMENT OF EXECUTIVE SECRETARY The executive secretary may be paid from the appropriation for salary and wages of the Social Security Department.  The executive secretary may be paid from the county current expense fund if there is conformity with the pertinent statutes relating to county budget law.
AGO 1950 No. 210 >  January 30, 1950
ELECTIONS - CITIES AND TOWNS - NOTICE OF SPECIAL ELECTION - JURISDICTION OF ELECTION OFFICIALS
ELECTIONS -- CITIES AND TOWNS -- NOTICE OF SPECIAL ELECTION -- JURISDICTION OF ELECTION OFFICIALS

(1) The notice provision of the 1949 election law has no application to municipal elections to authorize excess levies.(2) Under the 1949 election law the county auditor, as supervisor of elections, has jurisdiction to conduct municipal elections in Class A and first class counties; county canvassing board has the duty of canvassing such election.  In all other counties, local municipal officers have exclusive jurisdiction to conduct and canvas city and town elections.

AGO 1950 No. 211 >  January 30, 1950
PORT DISTRICT DEBT LIMITS
PORT DISTRICT DEBT LIMITS Warrants issued in anticipation of Revenues of a port district are not debts within contemplation of the constitutional debt limit.
AGO 1950 No. 212 >  January 31, 1950
MOTOR VEHICLE SAFETY RESPONSIBILITY ACT - 1949 AMENDMENT THEREOF - PROTECTION OF EMPLOYEES OF MUNICIPALITIES
MOTOR VEHICLE SAFETY RESPONSIBILITY ACT -- 1949 AMENDMENT THEREOF -- PROTECTION OF EMPLOYEES OF MUNICIPALITIES 1. Officers, agents and servants of municipal corporations are subject to provisions of Financial Responsibility Act as amended by chapter 211, Laws of 1949.
AGO 1950 No. 213 >  January 31, 1950
RECIPIENTS OF WORK RELIEF COVERED BY WORKMEN'S COMPENSATION ACT
RECIPIENTS OF WORK RELIEF COVERED BY WORKMEN'S COMPENSATION ACT Recipients of work relief employed in extrahazardous work by counties or municipal corporations in carrying out authorized function of particular governmental unit sponsoring projects are covered by Workmen's Compensation Act.
AGO 1950 No. 214 >  February 3, 1950
INSURANCE - SECOND CLASS SCHOOL DISTRICTS
INSURANCE -- SECOND CLASS SCHOOL DISTRICTS A second class school district which has purchased an insurance policy from an automobile casualty company with premium definitely fixed and no provision for assessment, as a part of the same transaction may not make a contribution to a service corporation which is affiliated with the insurance company and where the making of such contribution is apparently required as a prerequisite to the obtaining of such insurance by the school district.
AGO 1950 No. 215 >  February 3, 1950
INVESTMENT OF PROCEEDS OF VETERANS COMPENSATION BONDS
INVESTMENT OF PROCEEDS OF VETERANS COMPENSATION BONDS Money in the war veterans compensation fund in excess of current requirements may be invested under the provisions of chapter 91, Laws of 1935, and United States Treasury bills are eligible for investment.
AGO 1950 No. 216 >  February 9, 1950
PAYMENT OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS
PAYMENT OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS The appropriation contained in chapter 242, Laws of 1949, for the payment of local improvement district assessments, is available for payment of all assessments certified to you as having been levied by the proper authorities of any (a) incorporated city, (b) incorporated town, (c) diking district, (d) drainage district, or (e) port district, only.
AGO 1950 No. 217 >  February 9, 1950
COUNTY COMMISSIONERS - COMPENSATION OF A SUPERVISOR EMPLOYED BY THEM
COUNTY COMMISSIONERS -- COMPENSATION OF A SUPERVISOR EMPLOYED BY THEM The statutory limitation contained in the proviso to chapter 200, Laws of 1949, is inapplicable to a supervisor directly employed by and under the supervision of the county commissioners.
AGO 1950 No. 218 >  February 14, 1950
SCHOOLS - SCHOOLHOUSES AND SITES
SCHOOLS -- SCHOOLHOUSES AND SITES

1. A vote of the electors is required to authorize construction of a schoolhouse by the board of directors.2. A majority of the legal school electors who vote on a proposition authorizing the construction of a school building is sufficient approval without requiring a majority of the eligible or registered electors of the district.3. A schoolhouse site selected by a majority vote at a special meeting may not be changed except by a two-thirds vote of such electors.

AGO 1950 No. 219 >  February 17, 1950
WASHINGTON STATE FRUIT COMMISSION - AUTHORITY TO ACT IN COORDINATION WITH OTHER STATE AGENCIES - RELIEF WORKERS ON PROJECT COVERED BY WORKMAN'S COMPENSATION ACT
WASHINGTON STATE FRUIT COMMISSION -- AUTHORITY TO ACT IN COORDINATION WITH OTHER STATE AGENCIES -- RELIEF WORKERS ON PROJECT COVERED BY WORKMAN'S COMPENSATION ACT

(1) The Washington State Fruit Commission, in the exercise of its function to promote the production and general welfare of the soft tree fruit industry, may act in coordination with and render assistance to the Department of Agriculture and other state and city agencies in a disease control program.(2) Relief workers employed in connection with this project would be covered by the Workman's Compensation Act.

AGO 1950 No. 220 >  February 20, 1950
COUNTY COMMISSIONERS - POWER TO INCREASE ANNUAL APPROPRIATION FOR "SALARIES AND WAGES" BY EMERGENCY RESOLUTION
COUNTY COMMISSIONERS -- POWER TO INCREASE ANNUAL APPROPRIATION FOR 'SALARIES AND WAGES' BY EMERGENCY RESOLUTION County Commissioners in the exercise of their discretion may by emergency resolution declare that a public emergency exists and appropriate additional funds to the general class of "salaries and wages," over and above amount provided by annual budget.
AGO 1950 No. 221 >  February 21, 1950
SCHOOLS - DATES TO BE SET FOR ANNUAL MEETINGS
SCHOOLS -- DATES TO BE SET FOR ANNUAL MEETINGS The first annual meeting for organization of school boards in first class districts shall be held in April in class A and 1st class counties, and in March in all other counties.  In 2nd and 3rd class districts such annual meeting shall be held on the 20th day following the second Tuesday in March in class A and 1st class counties, and on the 20th day after the first Saturday in February in all other counties.
AGO 1950 No. 222 >  February 21, 1950
ELECTIONS - JOINT SCHOOL DISTRICTS
ELECTIONS -- JOINT SCHOOL DISTRICTS Date and jurisdiction of joint school district elections is determined by use of statutory formula for determining to which one of several counties the district belongs.
AGO 1950 No. 223 >  February 21, 1950
SCHOOLS - PAYMENT OF SALARY OF SCHOOL SUPERINTENDENT WHEN WRITTEN CONTRACT NOT RENEWED
SCHOOLS -- PAYMENT OF SALARY OF SCHOOL SUPERINTENDENT WHEN WRITTEN CONTRACT NOT RENEWED Payment of superintendent of school's salary can be approved and made without a formal written consent.
AGO 1950 No. 224 >  February 23, 1950
NOTARIZATION OF VETERANS' BONUS APPLICATION BLANKS
NOTARIZATION OF VETERANS' BONUS APPLICATION BLANKS It is illegal for a notary public to make a charge for notarizing a veteran's bonus application blank.
AGO 1950 No. 225 >  February 27, 1950
DISPOSAL OF ASSETS OF BANK REMAINING AFTER LIQUIDATION
DISPOSAL OF ASSETS OF BANK REMAINING AFTER LIQUIDATION The assets of the Sumitomo Bank of Seattle remaining in the custody of the liquidating authority may be received by the Supervisor of Banking, all as provided in chapter 148, Laws of 1947.
AGO 1950 No. 226 >  February 27, 1950
TAXATION - PERSONAL PROPERTY TAX - CHARGING LIEN AGAINST REAL PROPERTY OF TAXPAYER - PRIORITY AS AGAINST PRIOR ENCUMBRANCES, RECORDED AND UNRECORDED
TAXATION -- PERSONAL PROPERTY TAX -- CHARGING LIEN AGAINST REAL PROPERTY OF TAXPAYER -- PRIORITY AS AGAINST PRIOR ENCUMBRANCES, RECORDED AND UNRECORDED

(1) The county treasurer has no duty to search available records for encumbrances upon real property being charged with unpaid personal property tax so long as it is owned by the person who owes the tax.(2) Where personal property tax is charged against real property the lien upon such property ranks in priority with other liens upon such real property in accordance with the date on which the real property was charged.(3) A preexisting mortgage would not lose priority over such a tax lien by reason of the fact that it was unrecorded.

AGO 1950 No. 227 >  February 28, 1950
TAKING OF BLOOD TO TEST INTOXICATION OF ONE CHARGED WITH DRIVING WHILE INTOXICATED - WHETHER PRACTICE OF MEDICINE
TAKING OF BLOOD TO TEST INTOXICATION OF ONE CHARGED WITH DRIVING WHILE INTOXICATED -- WHETHER PRACTICE OF MEDICINE Since said blood test is not for the treatment of disease it does not violate the medical code and does not involve the practice of medicine.  Any law enforcement officer desiring said test to be made should secure the service of only a physician, nurse or other technician recommended by a physician or county health doctor acquainted with their training and ability.
AGO 1950 No. 228 >  February 28, 1950
PROCESS CHARGES UNDER STATE MILITARY CODE
PROCESS CHARGES UNDER STATE MILITARY CODE Charges for Military Court processes authorized to be issued under the State Military Code and directed to civilian peace officers must be paid to such officers.
AGO 1950 No. 229 >  March 1, 1950
PORT DISTRICTS - LESS THAN ENTIRE COUNTY
PORT DISTRICTS -- LESS THAN ENTIRE COUNTY Where, in the formation of a port district containing only a portion of a county, it is impossible to obey the provisions of section 9690 Rem. Rev. Stat. as to division of the port district into three commissioner districts of approximately equal population and boundaries following precinct lines, such division may be made upon a population basis only.
AGO 1950 No. 230 >  March 2, 1950
MUNICIPAL CORPORATIONS - FIRST CLASS CITIES, PRIVATELY OWNED MUSEUMS - POWER TO ASSIST IN SUPPORT OF
MUNICIPAL CORPORATIONS -- FIRST CLASS CITIES, PRIVATELY OWNED MUSEUMS -- POWER TO ASSIST IN SUPPORT OF A city of the first class which neither owns nor maintains a museum and the exhibits therein may not donate municipal funds for its support.
AGO 1950 No. 231 >  March 2, 1950
STATE ATHLETIC COMMISSION - LICENSES - TAX ON GROSS RECEIPTS - CONTESTS FOR CHARITABLE PURPOSES
STATE ATHLETIC COMMISSION -- LICENSES -- TAX ON GROSS RECEIPTS -- CONTESTS FOR CHARITABLE PURPOSES Any person, club, corporation, organization, association or fraternal society conducting boxing or wrestling contests, regardless of the fact that the proceeds of the matches will be used for charitable purposes, must obtain through the Washington State Athletic Commission a license, and pay the fee therefor, and must pay to the commission a tax equal to 5% of the gross receipts from the sale of tickets.
AGO 1950 No. 232 >  March 3, 1950
NATIONAL GUARD OFFICERS - ENLISTED MEN AND CIVILIANS - LIABILITY UNDER FINANCIAL RESPONSIBILITY ACT
NATIONAL GUARD OFFICERS -- ENLISTED MEN AND CIVILIANS -- LIABILITY UNDER FINANCIAL RESPONSIBILITY ACT

Officers and enlisted men on active duty in the Militia are not liable for accidents and the Financial Responsibility Act does not apply.Civilian employees are not protected by Militia Act.  The National Guard, as a department of state, is not eligible as self-insurer under Financial Responsibility Act.

AGO 1950 No. 233 >  March 3, 1950
WASHINGTON STATE REFORMATORY - DUTY OF ACCEPTING PRISONERS
WASHINGTON STATE REFORMATORY -- DUTY OF ACCEPTING PRISONERS The Washington State Reformatory is justified in receiving a prisoner if copies of the judgment and sentence are delivered to the institution without the delivery of any "warrant of commitment."
AGO 1950 No. 234 >  March 6, 1950
STATE BANKING CORPORATIONS
STATE BANKING CORPORATIONS State banking corporations are not subject to the provisions of chapter 170, Laws of 1949 (3803-32 1/2 and 32 3/4 Rem. Supp. 1949).
AGO 1950 No. 235 >  March 13, 1950
UNIFORM FLUID MILK ACT AND CITY MILK ORDINANCES
UNIFORM FLUID MILK ACT AND CITY MILK ORDINANCES Conflicting city milk ordinances are superseded by Uniform Fluid Milk Act (Chapter 168, Laws of 1949).
AGO 1950 No. 236 >  March 14, 1950
REORGANIZATION OF SCHOOL DISTRICTS
REORGANIZATION OF SCHOOL DISTRICTS Such special election as the county superintendent of schools is required to call under section 19, chapter 266, Laws of 1947, are not subject to the limitations set forth in sections 1 and 2, chapter 161, Laws of 1949.
AGO 1950 No. 237 >  March 21, 1950
TRANSFER OF SCHOOL DISTRICT FUNDS
TRANSFER OF SCHOOL DISTRICT FUNDS School board may transfer funds on a temporary loan basis from the district's building fund to its general fund.
AGO 1950 No. 238 >  March 22, 1950
MUNICIPAL BUILDING ORDINANCES - DUTY OF SCHOOL DISTRICTS TO COMPLY WITH
MUNICIPAL BUILDING ORDINANCES ‑- DUTY OF SCHOOL DISTRICTS TO COMPLY WITH School district erecting buildings within municipalities may be required to comply with municipal building ordinances, provided that they are reasonable.
AGO 1950 No. 239 >  March 22, 1950
SOCIAL SECURITY - STATE'S RESPONSIBILITY - GENERAL ASSISTANCE - ASSUMPTION BY COUNTIES
SOCIAL SECURITY ‑- STATE'S RESPONSIBILITY ‑- GENERAL ASSISTANCE ‑- ASSUMPTION BY COUNTIES

(1) The State Department of Social Security has the legal responsibility to administer general assistance and to provide funds over and above the two mill levy of the counties under the laws of this state.(2) When and if the state funds are depleted the state is in no sense relieved of its responsibility to provide assistance as in the manner prescribed by the state social security laws, but if the general assistance program set up under the Social Security Laws comes to an end, the counties can voluntarily assume the responsibility to care for the poor and needy.

AGO 1950 No. 240 >  March 22, 1950
TOWNSHIPS - TAXATION - LEVY LIMITATIONS - EXCESS OF, FOR BOND RETIREMENT - ELECTION PROCEDURE FOR EXCESS OF - BONDS - VOTER REQUISITE TO AUTHORIZE
TOWNSHIPS ‑- TAXATION ‑- LEVY LIMITATIONS ‑- EXCESS OF, FOR BOND RETIREMENT ‑- ELECTION PROCEDURE FOR EXCESS OF ‑- BONDS ‑- VOTER REQUISITE TO AUTHORIZE

(1) Township electorate may authorize tax levy in excess of 40 mill aggregate limitation, but not in excess of specific limitation, where purpose is retirement of bonds for capital improvements.(2) Election at town meeting is proper method for authorization of tax levy in excess of 40 mill limitation.(3) Two-thirds majority vote of electorate necessary to authorize issuance of township bonds.

AGO 1950 No. 241 >  March 23, 1950
CITIES AND TOWNS - PARKING METERS - ADVERTISING
CITIES AND TOWNS ‑- PARKING METERS ‑- ADVERTISING Use of parking meters on city streets for commercial advertising purposes is illegal.
AGO 1950 No. 242 >  March 23, 1950
SCHOOLHOUSE SITES IN DISTRICTS OF THE 2ND CLASS
SCHOOLHOUSE SITES IN DISTRICTS OF THE 2ND CLASS A majority vote of the electors is sufficient to authorize construction of a school building on a site previously selected where the existing site which will be abandoned was selected by a district which included only part of the area and voters of the present district.
AGO 1950 No. 243 >  March 28, 1950
WATER - PUBLIC SERVICE COMPANY SELLING ASSETS TO A MUTUAL WATER COMPANY - JURISDICTION OF PUBLIC SERVICE COMMISSION
WATER ‑- PUBLIC SERVICE COMPANY SELLING ASSETS TO A MUTUAL WATER COMPANY ‑- JURISDICTION OF PUBLIC SERVICE COMMISSION Public Service Commission has jurisdiction over a mutual water company and could require it to continue service to non-members who refused to join it but who had been receiving water service.
AGO 1950 No. 244 >  March 29, 1950
GRAIN WAREHOUSES
GRAIN WAREHOUSES Section 2, chapter 103, Laws of 1947, has no application against any insurance carried by the third party owner on a grain warehouse building where the grain warehouse building is leased to a licensed grain warehouseman.
AGO 1950 No. 245 >  April 3, 1950
WASHINGTON STATE FRUIT COMMISSION ACT
WASHINGTON STATE FRUIT COMMISSION ACT

1. The term of office of members of the advisory committees is from the date of their election until the next annual district meeting.The term of office of members of the state commodity committee is from the date of their respective selections by the respective district advisory committees until new advisory committees are elected at the next annual district meeting as provided by law.

AGO 1950 No. 246 >  April 4, 1950
SEWER DISTRICTS - POWER OF COMMISSIONERS TO APPOINT PUBLIC RELATIONS DIRECTOR
SEWER DISTRICTS ‑- POWER OF COMMISSIONERS TO APPOINT PUBLIC RELATIONS DIRECTOR

1. The commissioners of a sewer district do not have authority to employ and pay a public relations director to publicize a proposed sewer revenue bond issue and may not provide him with district moneys for publicity program or office expenditures.2. Said commissioners do have authority to provide maps, plans and other data for their own use, for the use of their engineers and other employees, and to demonstrate the proposed sewage plan and cost of said proposed project.

AGO 1950 No. 247 >  April 4, 1950
ERECTION AND MAINTENANCE OF STOP SIGNS AT INTERSECTION OF COUNTY ROAD AND STATE HIGHWAYS
ERECTION AND MAINTENANCE OF STOP SIGNS AT INTERSECTION OF COUNTY ROAD AND STATE HIGHWAYS The county having jurisdiction must erect and maintain stop signs upon all county roads at the point of intersection with any arterial primary or secondary state highway unless there has been a designation of preference by the Director of Highways.
AGO 1950 No. 248 >  April 4, 1950
RODENTICIDE
RODENTICIDE Department of Health has no authority to make rules regulating use of rodenticides.
AGO 1950 No. 249 >  April 5, 1950
LIABILITY OF EMPLOYERS FOR INTEREST UPON UNEMPLOYMENT COMPENSATION CONTRIBUTIONS DELINQUENTLY PAID
LIABILITY OF EMPLOYERS FOR INTEREST UPON UNEMPLOYMENT COMPENSATION CONTRIBUTIONS DELINQUENTLY PAID

1. One has constructive knowledge of statutes and regulations promulgated pursuant to statutory authority.2. The Commissioner of the Employment Security Department has no authority to waive an interest charge except as specifically provided by statute.

AGO 1950 No. 250 >  April 5, 1950
PAYMENTS UNDER STATE BONUS LAW OR INSURANCE ADJUSTMENT BENEFITS TO RECIPIENTS OF PUBLIC ASSISTANCE
PAYMENTS UNDER STATE BONUS LAW OR INSURANCE ADJUSTMENT BENEFITS TO RECIPIENTS OF PUBLIC ASSISTANCE Payments under the state bonus law or the insurance adjustment benefits are income and resources under the public assistance laws of this state.
AGO 1950 No. 251 >  April 6, 1950
CANVASSING PERIOD - MUNICIPAL AND DISTRICT ELECTIONS HELD WITHIN 2ND AND 9TH CLASS COUNTIES
CANVASSING PERIOD -- MUNICIPAL AND DISTRICT ELECTIONS HELD WITHIN 2ND AND 9TH CLASS COUNTIES Canvassing periods of elections held in second to ninth class counties may not, by rule of the Secretary of State, be made to conform to the canvassing period of elections held in Class A and first class counties, since in many instances a different canvassing period is fixed by statute or charter, the provisions of which must be complied with.
AGO 1950 No. 252 >  April 7, 1950
ELIGIBILITY OF CANDIDATES FOR PUBLIC OFFICE
ELIGIBILITY OF CANDIDATES FOR PUBLIC OFFICE A person convicted of an infamous crime, whose civil rights have been restored, is eligible to become a candidate for public office providing he is otherwise qualified.
AGO 1950 No. 253 >  April 11, 1950
COST OF PUBLIC ASSISTANCE RECIPIENT'S CARE, INCLUDING PERSONAL INCIDENTALS AND CLOTHING, IN COUNTY INFIRMARY
COST OF PUBLIC ASSISTANCE RECIPIENT'S CARE, INCLUDING PERSONAL INCIDENTALS AND CLOTHING, IN COUNTY INFIRMARY Under chapter 6, Laws of 1949, the Department of Social Security may include in a recipient's grant the total cost of care in a county infirmary, including clothing and personal incidentals.
AGO 1950 No. 254 >  April 11, 1950
SCHOOL DIRECTOR MOVING FROM ONE DIRECTOR'S DISTRICT TO ANOTHER DIRECTOR'S DISTRICT WITHIN THE SAME SCHOOL DISTRICT
SCHOOL DIRECTOR MOVING FROM ONE DIRECTOR'S DISTRICT TO ANOTHER DIRECTOR'S DISTRICT WITHIN THE SAME SCHOOL DISTRICT Change of residence during his term by a school director of a second class district from one director's district to another director's district within the school district does not create a vacancy on the school board.
AGO 1950 No. 255 >  April 13, 1950
COUNTY ROAD BONDS - RETIREMENT
COUNTY ROAD BONDS ‑- RETIREMENT

County road bonds retirement and interest may be effected by use of proceeds of ten mill levy and gas tax refund.Property tax levy not necessary unless shortage in funds during last five years prior to bond maturity.

AGO 1950 No. 256 >  April 13, 1950
EXECUTION OF APPLICATION FOR VETERAN'S BONUS BY SUPERINTENDENT OF STATE MENTAL HOSPITAL ON BEHALF OF INMATE
EXECUTION OF APPLICATION FOR VETERAN'S BONUS BY SUPERINTENDENT OF STATE MENTAL HOSPITAL ON BEHALF OF INMATE State mental hospital superintendent is not authorized to execute veteran's bonus application on behalf of inmate unless appointed legal guardian.
AGO 1950 No. 257 >  April 18, 1950
SALARY OF EXPERT ASSISTANTS HIRED BY COUNTY ASSESSOR
SALARY OF EXPERT ASSISTANTS HIRED BY COUNTY ASSESSOR Expert assistants, timber cruisers who are not deputized, hired by the County Assessor at a salary greater than his own, are not subject to the limitation of compensation found in chapter 200, Laws of 1949 (4200-5a Rem. Supp. 1949).
AGO 1950 No. 258 >  April 19, 1950
TOWN ELECTIONS FOR CONSTRUCTION OF SEWERAGE SYSTEM AND ISSUANCE OF BONDS FOR FINANCING THEREOF
TOWN ELECTIONS FOR CONSTRUCTION OF SEWERAGE SYSTEM AND ISSUANCE OF BONDS FOR FINANCING THEREOF

1. Town elections in other than Class A and first class counties are to be conducted and canvassed by the town council.2. A town election is not invalid where notice thereof was given prior to final passage by the town council of an ordinance requiring approval of the electors.

AGO 1950 No. 259 >  April 19, 1950
COUNTY PARKS - TAXING OF LEASED LANDS
COUNTY PARKS ‑- TAXING OF LEASED LANDS

1. The county may establish a park and use their funds for the maintenance thereof.2. County funds may be spent for the development of a park on lands leased from private parties for that purpose.3. Lands leased by a county from private parties for park purposes are not exempt from taxation.

AGO 1950 No. 260 >  April 25, 1950
WORKMEN'S COMPENSATION ACT (7684 REM. SUPP. 1947) - ALIEN NONRESIDENT BENEFICIARY AND TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION WITH ITALIAN REPUBLIC, FEBRUARY 2, 1948
WORKMEN'S COMPENSATION ACT (7684 Rem. Supp. 1947) -- ALIEN NONRESIDENT BENEFICIARY AND TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION WITH ITALIAN REPUBLIC, FEBRUARY 2, 1948 1. A qualified beneficiary, an alien national of Italy, is not subject to limitation as to compensation under section 1, chapter 56, Laws of 1947 (7684 Rem. Supp. 1947), by virtue of the superiority of Article XII, Treaty of Friendship, Commerce, and Navigation with the Italian Republic, February 2, 1948 (U.S. Cong. Serv. '48, p. 2813).
AGO 1950 No. 261 >  April 26, 1950
COUNTY MAY LEASE PROPERTY TO PRIVATE NON-PROFIT FAIR ASSOCIATION FOR THIRTY-FIVE YEARS
COUNTY MAY LEASE PROPERTY TO PRIVATE NON-PROFIT FAIR ASSOCIATION FOR THIRTY-FIVE YEARS A fair is an agricultural purpose under county lease statute.
AGO 1950 No. 262 >  April 26, 1950
STATE DEBT LIMITATION
STATE DEBT LIMITATION Decision of the Supreme Court in the case of State ex rel. Troy v. Yelle, et al., dated April 15, 1950, supersedes conclusions 1 and 2 and all supporting discussion in our opinion of January 19, 1950, relative to registered state warrants.
AGO 1950 No. 263 >  April 27, 1950
APPROPRIATION - ADJUTANT GENERAL - STATE MEMBERSHIP IN NATIONAL GUARD
APPROPRIATION ‑- ADJUTANT GENERAL ‑- STATE MEMBERSHIP IN NATIONAL GUARD Payment of dues for state membership in the National Guard Association may legally be made if the Adjutant General finds that the service to the National Guard results from such membership.
AGO 1950 No. 264 >  April 28, 1950
PARDONS
PARDONS A full pardon of one convicted of bribery restores his eligibility to hold public office.
AGO 1950 No. 265 >  April 28, 1950
NOTICE OF ELECTION ON ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE REFERRED TO THE PEOPLE BY THE LEGISLATURE - WHEN AND HOW PUBLISHED
NOTICE OF ELECTION ON ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE REFERRED TO THE PEOPLE BY THE LEGISLATURE -- WHEN AND HOW PUBLISHED Publication once a week for 3 months next preceding the election at which they are submitted to the people, of notices of election upon measures referred to the people by the legislature pursuant to provisions of section 3, Article VIII of the State Constitution, clearly fulfills the publication requirement of said section.  Ballot title must also be published in notice required by section 11, chapter 161, Laws of 1949 (section 5148-3a, Rem. Supp. 1949).
AGO 1950 No. 266 >  May 1, 1950
MUNICIPAL BOND ISSUES
MUNICIPAL BOND ISSUES Municipal bond issues may be placed on ballots only once in a calendar year.
AGO 1950 No. 267 >  May 2, 1950
MEDICAL AID - INELIGIBILITY OF DOCTOR TO TREAT WORKMAN
MEDICAL AID ‑- INELIGIBILITY OF DOCTOR TO TREAT WORKMAN The Director of Labor and Industries may render a physician or surgeon ineligible to treat workmen entitled to benefits under the medical aid act for failure to comply with the rules and regulations established under section 6, chapter 28, Laws of 1947 (Rem. Rev. Stat. 7715).
AGO 1950 No. 268 >  May 2, 1950
CONTROL OF APPROPRIATIONS BY THE LEGISLATURE
CONTROL OF APPROPRIATIONS BY THE LEGISLATURE The legislature may not authorize a committee to change the objects of appropriations nor to control the expenditure of funds appropriated.
AGO 1950 No. 269 >  May 3, 1950
PROSECUTING ATTORNEY ACTING AS ATTORNEY FOR CERTAIN HEALTH DISTRICTS
PROSECUTING ATTORNEY ACTING AS ATTORNEY FOR CERTAIN HEALTH DISTRICTS A prosecuting attorney may act as attorney in his official capacity for a health district organized under chapter 183, Laws of 1945 (6099-10 to 6099-19 Rem. Supp. 1945), and which district embraces a primary city.
AGO 1950 No. 270 >  May 3, 1950
ELIGIBILITY FOR PARTICIPATION IN STATE EMPLOYEES RETIREMENT SYSTEM ‑- MEAT AND BRAND INSPECTORS
ELIGIBILITY FOR PARTICIPATION IN STATE EMPLOYEES RETIREMENT SYSTEM ‑- MEAT AND BRAND INSPECTORS Meat and Brand Inspectors employed by Washington State Department of Agriculture are not eligible for membership in the State Employees Retirement System.
AGO 1950 No. 271 >  May 4, 1950
POWER OF LIQUOR BOARD OR OTHER STATE AGENCY TO PURCHASE REAL PROPERTY FOR PURPOSE OF ESTABLISHING STATE LIQUOR STORES
POWER OF LIQUOR BOARD OR OTHER STATE AGENCY TO PURCHASE REAL PROPERTY FOR PURPOSE OF ESTABLISHING STATE LIQUOR STORES Neither the Liquor Control Board nor any other state agency has the power to purchase real property for the purpose of constructing or establishing state liquor stores.
AGO 1950 No. 272 >  May 10, 1950
CONDITIONAL SALES CONTRACTS UNDER PUBLIC SERVICE LAWS RELATING TO SECURITIES - DIVIDENDS BY COMMON CARRIERS NOT SUBJECT TO APPROVAL BY PUBLIC SERVICE COMMISSION
CONDITIONAL SALES CONTRACTS UNDER PUBLIC SERVICE LAWS RELATING TO SECURITIES -- DIVIDENDS BY COMMON CARRIERS NOT SUBJECT TO APPROVAL BY PUBLIC SERVICE COMMISSION

1. Conditional sales contracts need not be submitted to the public service commission for approval.  They are not included in the term "other evidence of indebtedness" as used in our law pertaining to securities.2. The Washington Public Service Commission has no jurisdiction to regulate the payment of dividends on common stock by common carriers engaged in both intrastate and interstate business.

AGO 1950 No. 273 >  May 11, 1950
ELIGIBILITY OF LEGISLATOR FOR COUNTY OFFICE WHEN EMOLUMENTS HAVE BEEN INCREASED
ELIGIBILITY OF LEGISLATOR FOR COUNTY OFFICE WHEN EMOLUMENTS HAVE BEEN INCREASED A member of the 1949 legislature is not eligible to be a candidate for prosecuting attorney in a first class county in the election of November, 1950, since the emoluments to that office have been increased by the 1949 legislature.
AGO 1950 No. 274 >  May 12, 1950
COUNCIL-MANAGER PLAN - RELATIONSHIP BETWEEN CITY MANAGER AND LIBRARY BOARD
COUNCIL-MANAGER PLAN ‑- RELATIONSHIP BETWEEN CITY MANAGER AND LIBRARY BOARD City manager has authority over library operations same as other city functions, but has no power to abolish library board or shift functions elsewhere.
AGO 1950 No. 275 >  May 12, 1950
MOTOR VEHICLES - PERMITS - OVERLOADS
MOTOR VEHICLES ‑- PERMITS ‑- OVERLOADS There is not necessarily any direct conflict between subdivision (j), section 5, chapter 220 and section 3, chapter 221, Laws of 1949.  The correct construction of the two provisions is that no city or town has any right to interfere with a movement of an overloaded or overwidth vehicle through a city or town when such movement is confined to the route of the state highway, originating and terminating outside such city or town, provided such movement is lawfully permitted by the Director of Highways.
AGO 1950 No. 276 >  May 15, 1950
INCREASE IN CHARGES TO BE MADE FOR CARE AND MAINTENANCE OF PATIENTS IN MENTAL INSTITUTIONS
INCREASE IN CHARGES TO BE MADE FOR CARE AND MAINTENANCE OF PATIENTS IN MENTAL INSTITUTIONS

1. A change in the maintenance rate for patients confined in mental institutions need not be served the same as the service of summons in civil actions.2. The departmental order effecting a rate increase is applicable to all cases.

AGO 1950 No. 277 >  May 16, 1950
REDEMPTION OF STATE WARRANTS
REDEMPTION OF STATE WARRANTS

A special session of the legislature is not required to provide for redemption of interest bearing general fund warrants.The legislature could provide for the issuance of general obligation bonds for investment by other state funds to redeem outstanding state warrants without submission of the proposition to a vote of the people, irrespective of the amount of the issue.

AGO 1950 No. 278 >  May 17, 1950
COMMITMENT PROCEEDINGS - SEXUAL PSYCHOPATHS
COMMITMENT PROCEEDINGS ‑- SEXUAL PSYCHOPATHS The affidavit alleging a person to be a sexual psychopath should be filed as a probate matter and findings and conclusions and the maintenance order entered.
AGO 1950 No. 279 >  May 22, 1950
STATUS OF VEHICLES ABANDONED BY OWNERS OR TAKEN INTO CUSTODY AND STORED BY LAW ENFORCEMENT OFFICERS
STATUS OF VEHICLES ABANDONED BY OWNERS OR TAKEN INTO CUSTODY AND STORED BY LAW ENFORCEMENT OFFICERS 1. Vehicles abandoned by the registered or legal owners thereof upon the public highways shall be taken into custody of the sheriff of the county and upon the expiration of forty-five days shall be declared abandoned.
AGO 1950 No. 280 >  May 22, 1950
ELIGIBILITY OF STATE EXAMINERS FOR REGISTRATION AS PUBLIC ACCOUNTANTS
ELIGIBILITY OF STATE EXAMINERS FOR REGISTRATION AS PUBLIC ACCOUNTANTS State examiners employed by the Municipal Corporation's division of the office of the Auditor of the State of Washington are not eligible for registration as public accountants under the provisions of chapter 226, Laws of 1949.
AGO 1950 No. 281 >  May 23, 1950
FRANCHISE - STATE HIGHWAYS
FRANCHISE ‑- STATE HIGHWAYS

1. The director of highways must consider an application for franchise made by a corporation whose articles of incorporation have been approved by the Secretary of State.2. An application referring to state highways by number and referring to the right to locate and construct gas pipe, telephone, and telegraph lines, adequately describes the state highway or portion thereof over which the franchise is desired and the nature of the franchise

AGO 1950 No. 282 >  May 31, 1950
APPOINTMENT OF COUNSEL BY COURT IN HABEAS CORPUS APPEAL - COSTS ON APPEAL NEED NOT BE PAID BY COUNTY
APPOINTMENT OF COUNSEL BY COURT IN HABEAS CORPUS APPEAL -- COSTS ON APPEAL NEED NOT BE PAID BY COUNTY

1. Superior Court has power to appoint counsel to assist an indigent appellant on appeal from habeas corpus proceeding, but counsel is not obliged to personally pay for any costs of appeal, and court need not appoint counsel as a matter of right.2. County is not liable for attorneys' fees or other costs on appeal by indigent appellant in habeas corpus proceedings.

AGO 1950 No. 283 >  June 2, 1950
TAXATION - REAL PROPERTY - EXEMPTIONS - CHURCH LANDS - ACQUISITION PRIOR TO LEVY
TAXATION ‑- REAL PROPERTY ‑- EXEMPTIONS ‑- CHURCH LANDS ‑- ACQUISITION PRIOR TO LEVY Where real property is owned by a tax-exempt body at the time of levy, even though such property had been in private taxable ownership on the first day of that year, no taxes may be levied thereon for that year.
AGO 1950 No. 284 >  June 5, 1950
BOILER INSPECTION - THE DIRECTOR OF LABOR AND INDUSTRIES MUST INSPECT BOILERS AND PRESSURE VESSELS TO DETERMINE THAT THEY MEET THE ADOPTED STANDARDS OF SAFETY
BOILER INSPECTION ‑- THE DIRECTOR OF LABOR AND INDUSTRIES MUST INSPECT BOILERS AND PRESSURE VESSELS TO DETERMINE THAT THEY MEET THE ADOPTED STANDARDS OF SAFETY The Director of Labor and Industries under the authority of section 8, chapter 130, Laws of 1919 (Rem. Rev. Stat. 7734), may adopt the standards of the American Society of Mechanical Engineers as the standards of safety for boiler and pressure vessel construction in this state.
AGO 1950 No. 285 >  June 15, 1950
COUNTIES - ELECTIONS - FEDERAL CENSUS - RECLASSIFICATION OF COUNTIES - INCREASED COMPENSATION OF OFFICIALS
COUNTIES ‑- ELECTIONS ‑- FEDERAL CENSUS ‑- RECLASSIFICATION OF COUNTIES ‑- INCREASED COMPENSATION OF OFFICIALS

1. The auditors should require candidates to pay a filing fee based upon annual salary for the class of county as shown by the unofficial census bulletins. 2. The salaries of county officials elected in 1950 will not be affected by the fact that the filing fee was paid upon a different classification than was finally determined to be the correct classification by the Bureau of Census.

AGO 1950 No. 286 >  June 19, 1950
OBLIGATION OF BUS COMPANY, A PUBLIC UTILITY, TO MAINTAIN ADEQUATE AND SUFFICIENT SERVICE
OBLIGATION OF BUS COMPANY, A PUBLIC UTILITY, TO MAINTAIN ADEQUATE AND SUFFICIENT SERVICE

1. Bus company operating under a city franchise and under the jurisdiction of the Washington Public Service Commission has an obligation to maintain adequate and sufficient service when the public interest is involved.2. Complaints may be filed for failure to render adequate and sufficient service.

AGO 1950 No. 287 >  June 20, 1950
"FIREWORKS" - SALE AND USE OF
'FIREWORKS' -- SALE AND USE OF Sales of "fireworks," within the meaning of chapter 161, Laws of 1943, are prohibited, except where sold for the purpose of supervised displays, and where the purchasers have complied with the provisions of said act.
AGO 1950 No. 288 >  June 21, 1950
DESTRUCTION AFTER MICROFILMING OF ORIGINAL RECORDS BY MUNICIPAL CORPORATIONS
DESTRUCTION AFTER MICROFILMING OF ORIGINAL RECORDS BY MUNICIPAL CORPORATIONS Original paper records of Municipal Corporations, even though they may have been microfilmed, may not be destroyed until they are ten years old, and then only by consent of the State Auditor's office acting through its Division of Municipal Corporations.
AGO 1950 No. 289 >  June 28, 1950
COUNTY TUBERCULOSIS HOSPITALS
COUNTY TUBERCULOSIS HOSPITALS
County tuberculosis hospitals cannot place employees under jurisdiction of the state personnel board.
AGO 1950 No. 290 >  June 28, 1950
FUNDS OF DECEASED PATIENTS IN PUBLIC INSTITUTIONS
FUNDS OF DECEASED PATIENTS IN PUBLIC INSTITUTIONS
Department of public institutions is permitted to retain funds belonging to deceased patients for a reasonable period of time providing a report is made to the department immediately.  No funds or property belonging to a deceased patient should be transmitted except to the duly qualified administrator or by order of court.
AGO 1950 No. 291 >  June 29, 1950
POWER OF THE STATE TO REQUIRE PERSONAL AND BOAT REGISTRATION LICENSES OF THOSE LANDING FISH IN THE STATE OF WASHINGTON WHICH WERE TAKEN IN THE OFFSHORE WATERS
POWER OF THE STATE TO REQUIRE PERSONAL AND BOAT REGISTRATION LICENSES OF THOSE LANDING FISH IN THE STATE OF WASHINGTON WHICH WERE TAKEN IN THE OFFSHORE WATERS
The State of Washington, in the absence of federal regulation, may require personal fishing licenses and boat registration licenses of those landing fish in the State of Washington which were taken from the offshore waters, since the State of Washington is actively engaged in regulating the offshore fishery and has a vital interest therein and since the offshore fishery is closely related to the state fishery.
AGO 1950 No. 292 >  June 30, 1950
USE OF SCHOOL PROPERTY FOR FURNISHING INFORMATIONAL MATERIAL TO THE PUBLIC
USE OF SCHOOL PROPERTY FOR FURNISHING INFORMATIONAL MATERIAL TO THE PUBLIC

A school board is without statutory power to authorize printing by a school print shop of informational material concerning the school program.  The circulation of informational material by paid employees during hours of employment is not illegal.  It is an administrative matter which should be determined by the school board.

AGO 1950 No. 293 >  June 30, 1950
STREET LIGHTING - CONTRIBUTION BY COUNTY IN AID OF INSTALLATION OF STREET LIGHTS IN FRONT OF COURT HOUSE
STREET LIGHTING -- CONTRIBUTION BY COUNTY IN AID OF INSTALLATION OF STREET LIGHTS IN FRONT OF COURT HOUSE
County commissioners are not authorized to budget for contribution to city in aid of installation of street lighting system in front of county court house, but if a local improvement district were formed, the county could be assessed its prorate share.
AGO 1950 No. 294 >  July 5, 1950
THE SCHOOL DISTRICTS
THE SCHOOL DISTRICTS
Under the facts submitted, it is the belief of the Attorney General that Irby School District No. 107 is bounded on three or more sides by Odessa School District No. 105, both in Lincoln County, Washington.
AGO 1950 No. 295 >  July 5, 1950
COMPULSORY RETIREMENT OF CITY EMPLOYEES HOLDING MEMBERSHIP IN THE STATE WIDE [[STATEWIDE]]CITY EMPLOYEES' RETIREMENT SYSTEM
COMPULSORY RETIREMENT OF CITY EMPLOYEES HOLDING MEMBERSHIP IN THE STATE WIDE [[STATEWIDE]]CITY EMPLOYEES' RETIREMENT SYSTEM
After two years have elapsed from the date upon which a city makes membership in the Statewide City Employees Retirement System available to its employees, miscellaneous personnel covered by the Retirement Act are subject to compulsory retirement at age sixty-seven (67), and uniformed personnel are subject to compulsory retirement at age sixty-four (64).
AGO 1950 No. 296 >  July 6, 1950
MAY ENLISTED PERSONNEL BE INCLUDED ON NATIONAL GUARD COURTS-MARTIAL
MAY ENLISTED PERSONNEL BE INCLUDED ON NATIONAL GUARD COURTS-MARTIAL
Enlisted personnel may be included on national guard courts-martial in the same manner and under the same conditions as provided for the regular army.
AGO 1950 No. 297 >  July 6, 1950
WHETHER THE GAME COMMISSION MAY FORBID THE IMPORTATION OF DANISH TROUT
WHETHER THE GAME COMMISSION MAY FORBID THE IMPORTATION OF DANISH TROUT
The State Game Commission may not forbid the importation of Danish trout as the same would be unconstitutional in view of the Federal Constitution and would not be for the purpose of aiding the state in its enforcement of conservation laws.
AGO 1950 No. 298 >  July 7, 1950
CIVILIAN DEFENSE
CIVILIAN DEFENSE
Moneys appropriated under chapter 88, Laws of 1949, cannot at this time be spent for the purposes you mention.
AGO 1950 No. 299 >  July 11, 1950
COUNTY HEALTH OFFICERS MAY QUARANTINE PATIENTS IN VETERANS HOSPITALS WITH THE APPROVAL OF HOSPITAL AUTHORITIES
COUNTY HEALTH OFFICERS MAY QUARANTINE PATIENTS IN VETERANS HOSPITALS WITH THE APPROVAL OF HOSPITAL AUTHORITIES
Veterans Administration doctors may be appointed deputy health officers to examine patients with communicable diseases.County health officers may quarantine patients in veterans hospitals.
AGO 1950 No. 300 >  July 12, 1950
STATE EMPLOYEES RETIREMENT SYSTEM - PARTICIPATION BY HOUSING AUTHORITIES
STATE EMPLOYEES RETIREMENT SYSTEM ‑- PARTICIPATION BY HOUSING AUTHORITIES
Housing authorities may participate in retirement system provided approval secured from federal agencies providing funds.
AGO 1950 No. 301 >  July 13, 1950
SCHOOLS - ATTENDANCE RECORDS - MINIMUM TERM OF SCHOOL REQUIRED BY LAW
SCHOOLS -- ATTENDANCE RECORDS ‑- MINIMUM TERM OF SCHOOL REQUIRED BY LAW

1. If the official school records of the county do not show any attendance for a school district, county superintendent may conclude that the school district has not had an average daily attendance of five or more pupils.  2. A school district has failed to maintain the minimum term of school required by law where the district has not maintained a school in the district or made arrangements with another district to educate the pupils.

AGO 1950 No. 302 >  July 18, 1950
DISTRICT BOARD OF HEALTH RULES AND REGULATIONS MANDATORY ON CITIES WITHIN A DISTRICT
DISTRICT BOARD OF HEALTH RULES AND REGULATIONS MANDATORY ON CITIES WITHIN A DISTRICT

Rules adopted by District Board of Health operate throughout the jurisdiction including cities, superseding any conflicting ordinances.  A city cannot enact a fee for providing services assumed by Health District.

AGO 1950 No. 303 >  July 18, 1950
PRISONS - TRANSPORTATION OF PRISONERS
PRISONS ‑- TRANSPORTATION OF PRISONERS
Penitentiary warden must take responsibility for transporting prisoners for court appearances.
AGO 1950 No. 304 >  July 19, 1950
FISH PASSAGE FACILITIES FOR HIGHWAY CULVERTS
FISH PASSAGE FACILITIES FOR HIGHWAY CULVERTS

Highway culvert facilities maintained in such a manner as to constitute an obstruction to the passage of migratory fish are unlawful and under the provisions of section 47, chapter 112, Laws of 1949.  Counties and other governmental agencies are obligated to provide the same with fish passage facilities.  Notwithstanding the provisions contained in Amendment 18 of our State Constitution, gas tax funds may be used for this purpose.

AGO 1950 No. 305 >  July 20, 1950
CONSTITUTION - PROVISIONS AS TO PUBLICATION AND DISTRIBUTION TO VOTERS OF MEASURES AND CONSTITUTIONAL AMENDMENTS REFERRED TO PEOPLE
CONSTITUTION ‑- PROVISIONS AS TO PUBLICATION AND DISTRIBUTION TO VOTERS OF MEASURES AND CONSTITUTIONAL AMENDMENTS REFERRED TO PEOPLE
Constitutional provisions for publication of proposed amendments to constitution, and of measures referred to the people are mandatory, and compliance with such provisions is a necessary prerequisite to the validity of such amendments and measures.
AGO 1950 No. 306 >  July 21, 1950
TAXATION - PERSONAL PROPERTY - EXEMPTIONS - BUILDINGS ON U. S. OWNED LAND - TIME OF ACQUISITION OF LANDS BY U. S.
TAXATION ‑- PERSONAL PROPERTY ‑- EXEMPTIONS ‑- BUILDINGS ON U. S. OWNED LAND ‑- TIME OF ACQUISITION OF LANDS BY U. S.
Buildings and other structures upon lands in taxable ownership on January first but in tax-exempt (United States) ownership later in that year are exempt from both real and personal property taxes being levied that year.
AGO 1950 No. 307 >  July 21, 1950
STATE PARKS AND RECREATION COMMISSION - AUTHORITY TO ACCEPT AND IMPROVE PROPERTY WITHIN CITY
STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO ACCEPT AND IMPROVE PROPERTY WITHIN CITY
The State Parks and Recreation Commission does not have jurisdiction to accept or improve property within the limits of an incorporated city.
AGO 1950 No. 308 >  July 24, 1950
STATE TRAINING SCHOOL INMATES WORKING IN STATE PARKS FOR PAY
STATE TRAINING SCHOOL INMATES WORKING IN STATE PARKS FOR PAY
Permissible to employ selected boys from Training School to state park development at nominal pay.
AGO 1950 No. 309 >  July 26, 1950
WATER FRONT PROPERTY
WATER FRONT PROPERTY (1) The words "water front" mean firm or uplands, improved or unimproved, fronting or abutting on any body of water, whether an arm of the ocean, a river, or a lake, and whether navigable or not. (2) The words "water front" do embrace real property abutting on rivers and lakes, as well as real property abutting on salt water. (3) Land does not have to abut on a body of water that is navigable to be included in the meaning of the words "water front." (4) Fourth class municipalities may lease water front properties not required for municipal or other public use for reasonable periods not in excess of thirty years.
AGO 1950 No. 310 >  July 28, 1950
MINOR RESIDENT'S ELIGIBILITY FOR WORLD WAR II BONUS
MINOR RESIDENT'S ELIGIBILITY FOR WORLD WAR II BONUS
An unemancipated minor cannot acquire residence to qualify for the Washington State Veterans' bonus prior to majority, whose parents were not residents of Washington.
AGO 1950 No. 311 >  July 28, 1950
USE OF "SPOT CHECK METHOD" IN CANVASSING AND COUNTING NAMES ON INITIATIVE PETITIONS
USE OF 'SPOT CHECK METHOD' IN CANVASSING AND COUNTING NAMES ON INITIATIVE PETITIONS
The Attorney General cannot give legal approval to the use of a "spot check method" by the Secretary of State in the canvassing and counting of names on legislative petitions.
AGO 1950 No. 312 >  July 28, 1950
MONEY APPROPRIATED FOR NEW BUILDINGS CANNOT BE USED FOR REPAIR
MONEY APPROPRIATED FOR NEW BUILDINGS CANNOT BE USED FOR REPAIR
Money appropriated under Chapter 230, Laws of 1949, not permitted to be used for repair of existing buildings.
AGO 1950 No. 313 >  July 31, 1950
BANKS - OFFICERS - LIMITATION ON AMOUNT OF OBLIGATIONS ACQUIRED BY BANK, WHERE OFFICER IS JOINT MORTGAGOR AS ACCOMMODATION FOR THIRD PARTY
BANKS ‑- OFFICERS ‑- LIMITATION ON AMOUNT OF OBLIGATIONS ACQUIRED BY BANK, WHERE OFFICER IS JOINT MORTGAGOR AS ACCOMMODATION FOR THIRD PARTY
The obligation of a bank officer as joint mortgagor for accommodation of third party is included in the total amount of obligations of officer which statute permits bank to acquire.
AGO 1950 No. 314 >  August 3, 1950
AGO OPINION
AGO Opinion 1949-1950 No. 314

1. DOES FAILURE TO APPEAR IN COURT ON TRAFFIC MISDEMEANOR AFTER SIGNING PROMISE TO DO SO, CONSTITUTE A MISDEMEANOR? 2. IS REVOCATION OF OPERATOR'S LICENSE STAYED DURING APPEAL TO SUPERIOR COURT FROM CONVICTION IN JUSTICE COURT OF DRUNKEN DRIVING? 1. The present law is not sufficiently definite to describe the crime of failure to appear pursuant to notice and agreement. 2. Revocation of operator's license is not stayed during appeal to Superior Court from conviction of drunken driving in justice court.

AGO 1950 No. 315 >  August 3, 1950
*Needs title* 1950 no. 315
Qualification that a county superintendent of schools must have taught in public schools of state for two school years not satisfied by two years as instructor at State University, as University is not a public school.
AGO 1950 No. 316 >  August 3, 1950
PROSECUTING ATTORNEY - CORONER IN FOURTH CLASS AND LOWER CLASS COUNTIES
PROSECUTING ATTORNEY ‑- CORONER IN FOURTH CLASS AND LOWER CLASS COUNTIES

The prosecuting attorney in a fourth class or lower classification county has no authority to appoint a deputy coroner.  In cases where such prosecuting attorney has a duly appointed, qualified, and acting deputy, the prosecuting attorney could properly delegate to such deputy the performance of any duty as to coroner cases which might otherwise devolve upon the prosecuting attorney.

AGO 1950 No. 317 >  August 4, 1950
LIMITATION ON PER DIEM PAY AS ROAD OVERSEER FOR COUNTY COMMISSIONER APPOINTED TO FILL UNEXPIRED TERM
LIMITATION ON PER DIEM PAY AS ROAD OVERSEER FOR COUNTY COMMISSIONER APPOINTED TO FILL UNEXPIRED TERM
County commissioner appointed to fill unexpired term is entitled to per diem pay as road overseer to the extent of the difference between $1,000 statutory maximum and what his predecessor received for such services during the year in which he resigned.
AGO 1950 No. 318 >  August 7, 1950
*Needs title* 1950 no. 318
Director of Highways in his discretion and for good cause shown may issue permits for the movement of houses and vehicles which exceed legal limitations only when he can find as a fact that the highways to be traversed have been designed and constructed for weights and widths in excess of such maximum limitations.
AGO 1950 No. 319 >  August 8, 1950
DISASTER RELIEF - CONSTRUCTION OF PORTABLE SCHOOL BUILDINGS
DISASTER RELIEF ‑- CONSTRUCTION OF PORTABLE SCHOOL BUILDINGS
Facts of case justify opinion that relief funds may be used to construct temporary portable school buildings to replace former classrooms which were so damaged by the earthquake that their repair is economically unsound.
AGO 1950 No. 320 >  August 14, 1950
ELECTION OF JUSTICES OF THE PEACE IN CITIES HAVING A POPULATION IN EXCESS OF 5000 INHABITANTS
ELECTION OF JUSTICES OF THE PEACE IN CITIES HAVING A POPULATION IN EXCESS OF 5000 INHABITANTS

Where a county auditor has knowledge based upon the Federal Census or a preliminary estimate issued by the Bureau of the Census that the population of a city in his county has increased from a number of inhabitants less than 5000 to a number in excess of 5000, he should give notice calling for the election of but one justice of the peace and should prepare his ballots in such a manner that the voters will vote for but one candidate for the office of justice of the peace.

AGO 1950 No. 321 >  August 15, 1950
WHETHER "WAGE SCHEDULES" CAN BE CONSIDERED "OTHER RECORDS" WHICH MAY BE DESTROYED AFTER THREE YEARS, OR DOES THE SIX-YEAR PERIOD APPLY
WHETHER 'WAGE SCHEDULES' CAN BE CONSIDERED 'OTHER RECORDS' WHICH MAY BE DESTROYED AFTER THREE YEARS, OR DOES THE SIX-YEAR PERIOD APPLY
"Wage schedules" may not be considered "other records" but are a compilation or continuation of the quarterly contribution reports in summary form of the total wages paid to an employee during the calendar year, and may not be destroyed until after the expiration of the six-year period.
AGO 1950 No. 322 >  August 16, 1950
DUTY TO MAINTAIN CITY STREETS WHICH HAVE BEEN DULY DESIGNATED AS A PART OF PRIMARY AND SECONDARY STATE HIGHWAYS
DUTY TO MAINTAIN CITY STREETS WHICH HAVE BEEN DULY DESIGNATED AS A PART OF PRIMARY AND SECONDARY STATE HIGHWAYS
The state has the mandatory duty to maintain the streets, but is not required to do any construction or maintenance work beyond the maximum width of the traveled roadway, including curbs and gutters, if any.  The duty of maintaining the remainder of the right of way rests upon the city.
AGO 1950 No. 323 >  August 21, 1950
AUTHORITY OF BOARD OF PRISON TERMS AND PAROLES TO GRANT PAROLE TO MINOR FEMALES COMMITTED TO THE WASHINGTON STATE PENITENTIARY
AUTHORITY OF BOARD OF PRISON TERMS AND PAROLES TO GRANT PAROLE TO MINOR FEMALES COMMITTED TO THE WASHINGTON STATE PENITENTIARY
The Board of Prison Terms and Paroles, in its sound discretion, would be justified in paroling female prisoners committed, to the Washington State Penitentiary where conditions are similar to those covered in opinion of Attorney General issued January 21, 1948, to the Board of Prison Terms and Paroles.
AGO 1950 No. 324 >  August 24, 1950
COUNTY ENGINEERS RECORDING LAND SURVEYS
COUNTY ENGINEERS RECORDING LAND SURVEYS
County engineers are required to accept for recording the survey of registered engineers and land surveyors only, and to make a record of said survey by said persons.
AGO 1950 No. 325 >  August 24, 1950
PUBLIC FUNDS AND PRIVATE SUMS MAY NOT BE CO-MINGLED [[COMINGLED]]TO OPERATE A SUMMER CAMP ON AN EVEN BROADER BASIS
PUBLIC FUNDS AND PRIVATE SUMS MAY NOT BE CO-MINGLED [[COMINGLED]]TO OPERATE A SUMMER CAMP ON AN EVEN BROADER BASIS
There is no legal authority for the purchase and operation of summer camps by municipal corporations and private organizations jointly.
AGO 1950 No. 326 >  August 25, 1950
ADMINISTERING "SHOCK THERAPY TREATMENTS" TO INMATES OF STATE MENTAL HOSPITALS
ADMINISTERING 'SHOCK THERAPY TREATMENTS' TO INMATES OF STATE MENTAL HOSPITALS In the administering of "shock therapy treatments" to inmates of state mental hospitals, it is unnecessary to obtain the consent of the inmate, or guardian, or relatives of the inmate, before such treatments can be administered.
AGO 1950 No. 327 >  August 30, 1950
CHILD CARE - FOSTER HOMES - STANDARDS
CHILD CARE ‑- FOSTER HOMES ‑- STANDARDS The Department of Social Security can establish standards to determine approval of foster homes only for children within its care or that of its agencies.
AGO 1950 No. 328 >  September 1, 1950
ELECTIONS - CORRECTION OF PRIMARY BALLOTS BY REMOVAL OF NAME OF DECEASED CANDIDATE
ELECTIONS ‑- CORRECTION OF PRIMARY BALLOTS BY REMOVAL OF NAME OF DECEASED CANDIDATE County Auditor, as County Superintendent of elections is authorized to correct ballots for primary election by causing removal of name of deceased candidate.
AGO 1950 No. 329 >  September 5, 1950
WEED DISTRICTS - TIME OF ESTABLISHMENT OF BOUNDARIES AS TAXING DISTRICT
WEED DISTRICTS ‑- TIME OF ESTABLISHMENT OF BOUNDARIES AS TAXING DISTRICT A weed district is a "taxing district," and as such its boundaries must have been established by March 1st of year in which the tax is levied.
AGO 1950 No. 330 >  September 7, 1950
DESTRUCTION OF SAVINGS BANK MORTGAGE LOAN RECORDS
DESTRUCTION OF SAVINGS BANK MORTGAGE LOAN RECORDS The destruction of application forms, appraisals, and written reports in connection with a loan subsequently paid, is a violation of § 3381-20 Rem. Supp. 1945 and punishable as a gross misdemeanor.
AGO 1950 No. 334 >  September 7, 1950
YELLOW OLEO MARGARINE
YELLOW OLEO MARGARINE Where a local firm buys yellow oleo margarine outside of this State, causes the same to be shipped and stored in its warehouse within the State, then reships in original packages outside the State, such activities are protected under the commerce clause of the U. S. Constitution and under Williams v. Hamilton, 194 Wash. 64, 76 P. (2d) 1029.
AGO 1950 No. 331 >  September 11, 1950
CEMETERY DISTRICTS - RELATION OF COUNTY-WIDE DISTRICT TO 3RD CLASS CITIES - ACQUISITION OR JOINT MANAGEMENT OF CEMETERIES OF 3RD CLASS BY DISTRICT - ESTABLISHMENT OF CEMETERIES BY COUNTY, AS METHOD BY WHICH CEMETERY OF 3RD CLASS CITY MAY BE ACQUIRED - MEANING OF "PRIVATE CEMETERIES" AS USED IN GENERAL CEMETERY ACT
CEMETERY DISTRICTS ‑- RELATION OF COUNTY-WIDE DISTRICT TO 3RD CLASS CITIES ‑- ACQUISITION OR JOINT MANAGEMENT OF CEMETERIES OF 3RD CLASS BY DISTRICT -- ESTABLISHMENT OF CEMETERIES BY COUNTY, AS...

1. A city of the third class may not be included in a proposed cemetery district, and its inclusion in the boundaries set forth in the petition for a proposed district invalidates the petition.2. A cemetery district may not acquire, or jointly with the city operate or manage the cemetery of a city of the third class.3. The term "private cemeteries" as used in the General Cemetery Act refers to cemeteries operated by corporations formed for that purpose.

AGO 1950 No. 332 >  September 14, 1950
ASSESSMENT ON APPLES
ASSESSMENT ON APPLES The assessment imposed by sections 9 and 13, chapter 195, Laws of 1937, should be levied against the weight of apples and container, if a container be used.
AGO 1950 No. 333 >  September 18, 1950
LEGALITY OF BLOOD TESTS AND BREATH TESTS IN DRUNKEN DRIVING PROSECUTIONS
LEGALITY OF BLOOD TESTS AND BREATH TESTS IN DRUNKEN DRIVING PROSECUTIONS

(1) One may not be compelled to submit to blood tests or urine tests in drunken driving prosecutions, but one may be compelled to submit to a breath test.(2) Results of such tests, if secured without compulsion, are admissible in evidence, and no violation of the self-incrimination clause is involved.

AGO 1950 No. 335 >  September 25, 1950
VACANCY - SUPERIOR COURT JUDGE - APPOINTMENT BY GOVERNOR
VACANCY ‑- SUPERIOR COURT JUDGE ‑- APPOINTMENT BY GOVERNOR Appointment by Governor prior to date of calling or holding a special election for filling in office of Superior Court Judge is not a condition precedent to the calling and holding of such election.
AGO 1950 No. 336 >  September 25, 1950
VETERANS PREFERENCE UNDER MERIT SYSTEM
VETERANS PREFERENCE UNDER MERIT SYSTEM A ruling of the State Merit Board giving preference to veterans in merit examinations is valid.
AGO 1950 No. 338 >  September 25, 1950
ESTABLISHMENT OF NEW STATE PARKS, AND TRANSFERS OF EXISTING STATE PARKS
ESTABLISHMENT OF NEW STATE PARKS, AND TRANSFERS OF EXISTING STATE PARKS (1) The State Parks & Recreation Commission has authority to establish new State parks without specific legislative authority on tracts acquired by donation or bequest, and on tracts which abut upon a public highway actually constructed, located or projected.  (2) The State Parks & Recreation Commission may not transfer existing State parks to other agencies without legislative approval, unless the State Parks Committee should find that the land on which the park is situated cannot advantageously be used for park purposes.  (3) Any money realized by the State from the Federal government as the result of condemnation of a State park, must be deposited in the State treasury to the credit of the State Parks and Parkway fund.
AGO 1950 No. 337 >  September 26, 1950
WHETHER OR NOT A COUNTY MAY ACCEPT A DONATION FOR PARTICULAR PARK PURPOSES
WHETHER OR NOT A COUNTY MAY ACCEPT A DONATION FOR PARTICULAR PARK PURPOSES A county may, through its county commissioners and county park board, accept from a private donor, a donation which is limited to a particular park or recreational project.
AGO 1950 No. 340 >  September 26, 1950
RESIGNATION BY OFFICERS OF THE NATIONAL GUARD
RESIGNATION BY OFFICERS OF THE NATIONAL GUARD An officer of the National Guard leaving the state may have his service terminated for that reason, but the Governor is not obligated to accept his resignation, and if a resignation is tendered it is not effective until accepted.
AGO 1950 No. 342 >  September 27, 1950
ELIGIBILITY FOR ADMISSION TO STATE SOLDIERS' HOME
ELIGIBILITY FOR ADMISSION TO STATE SOLDIERS' HOME A veteran who has served honorably in the service of the United States in one of its wars but whose last enlistment ends in dishonorable discharge is not eligible for admission to the State Soldiers' Home at Orting.
AGO 1950 No. 339 >  September 28, 1950
WATER DEPARTMENT - SURPLUS PROFITS - AUTHORITY OF CITY OF BREMERTON, A FIRST CLASS CITY, TO TRANSFER SUCH FUNDS TO GENERAL FUND
WATER DEPARTMENT ‑- SURPLUS PROFITS ‑- AUTHORITY OF CITY OF BREMERTON, A FIRST CLASS CITY, TO TRANSFER SUCH FUNDS TO GENERAL FUND The City of Bremerton, a city of the first class, may properly transfer the surplus funds of its water department to the city's general fund.
AGO 1950 No. 341 >  September 28, 1950
ELECTION BALLOT - CANDIDATE FILING FOR PORT COMMISSIONER AND WATER COMMISSIONER - SEPARATE BALLOTS BUT ELECTION HELD AT TIME OF GENERAL ELECTION
ELECTION BALLOT -- CANDIDATE FILING FOR PORT COMMISSIONER AND WATER COMMISSIONER -- SEPARATE BALLOTS BUT ELECTION HELD AT TIME OF GENERAL ELECTION Rem. Rev. Stat. 5274 providing candidate's name may not appear more than once upon the ballot, does not apply where candidate files both for water commissioner and port commissioner, when separate ballots are used for each election, even though said elections are held on general election day.
AGO 1950 No. 349 >  September 28, 1950
SCHOOLS - TEACHERS - APPEALS - TRANSCRIPTS - RESPONSIBILITY OF PAYMENTS
SCHOOLS ‑- TEACHERS ‑- APPEALS ‑- TRANSCRIPTS ‑- RESPONSIBILITY OF PAYMENTS The expense of the transcript prepared by county superintendent of schools where school teacher took an appeal from a local school district and where the county superintendent and state superintendent each decided in favor of teacher, must be borne by the office of the county superintendent.
AGO 1950 No. 350 >  September 28, 1950
STOCK RESTRICTED AREA
STOCK RESTRICTED AREA The county commissioners may make an addition to an already created stock restricted area where the area added is less than two miles.
AGO 1950 No. 351 >  September 29, 1950
POWERS OF COUNTY COMMISSIONERS TO CHANGE BOUNDARIES IN PROPOSED P.U.D. LESS THAN COUNTY-WIDE
POWERS OF COUNTY COMMISSIONERS TO CHANGE BOUNDARIES IN PROPOSED P.U.D. LESS THAN COUNTY-WIDE The power of the county commissioners to change and fix the boundary of a proposed P.U.D. which is less than county-wide is limited to a proposed P.U.D. which has embraced lands unjustly or improperly and lands which will not be benefited by the inclusion, and the commissioners have no power to arbitrarily restrict the proposed area so as to in effect leave no area at all.
AGO 1950 No. 352 >  October 2, 1950
INJURED WORKMAN'S MAIL
INJURED WORKMAN'S MAIL An injured workman has the right to compel the department of Labor and Industries to address all orders and mail in care of his attorney, after an application to reopen his claim is made pursuant to subdivision (h) Rem. Rev. Stat. Supp., 7679.
AGO 1950 No. 353 >  October 3, 1950
INVESTMENT OF COUNTY FUNDS IN U.S. TREASURY BILLS
INVESTMENT OF COUNTY FUNDS IN U.S. TREASURY BILLS

1. The hospital fund, the T.B. hospital fund and the bridge fund may be invested in 90-day Treasury bills under section 1, chapter 209, Laws of 1937 (Rem. Rev. Stat. Supp. 5646-11).2. The interest from such investments may not be credited to the current expense fund.

AGO 1950 No. 354 >  October 3, 1950
PUBLIC ASSISTANCE TO PERMANENTLY AND TOTALLY DISABLED PERSONS IN NEED
PUBLIC ASSISTANCE TO PERMANENTLY AND TOTALLY DISABLED PERSONS IN NEED

1. The Department has authority under current laws to establish a category covering totally and permanently disabled persons.2. The Department has the authority to submit the necessary plan material to the Federal Security Agency and to receive and disburse funds provided by the Federal Government for this purpose.3. Funds currently appropriated from the General Fund to the Division of Public Assistance of the Department for "assistance provided by law," can be used to provide aid in the new category.

AGO 1950 No. 355 >  October 3, 1950
STATE PARKS WITHIN THE CITY LIMITS
STATE PARKS WITHIN THE CITY LIMITS Legislature may authorize state parks within the limits of cities and towns and has done so by section 1, chapter 237, Laws of 1945.
AGO 1950 No. 356 >  October 3, 1950
CREDIT UNIONS - CHATTEL MORTGAGE NON-FILING INSURANCE - COVERAGE AS TO CHATTEL MORTGAGES OF FURNITURE AND AUTOMOBILES
CREDIT UNIONS ‑- CHATTEL MORTGAGE NON-FILING INSURANCE ‑- COVERAGE AS TO CHATTEL MORTGAGES OF FURNITURE AND AUTOMOBILES Subject to express exclusions therein set forth, form of policy submitted indemnifies assured members of Washington Credit Unions' League against loss sustained as mortgagees under chattel mortgages of automobiles and furniture, through being prevented from enforcing such instruments "solely as the result of the failure of the assured duly to record or file the instrument with the proper public officer or public office."  Nevertheless, there must be full compliance with the provisions of section 6312-7, Rem. Rev. Stat., relating to chattel mortgage on automobiles.
AGO 1950 No. 358 >  October 3, 1950
TAXES - LEVY - FIRST CLASS SCHOOL DISTRICT BUDGETS - RIGHT OF COUNTY COMMISSIONERS TO QUESTION AMOUNTS ASKED
TAXES ‑- LEVY ‑- FIRST CLASS SCHOOL DISTRICT BUDGETS ‑- RIGHT OF COUNTY COMMISSIONERS TO QUESTION AMOUNTS ASKED In levying a tax for purposes of school district of the first class, the board of county commissioners act ministerially and may not question the need of the amounts asked.
AGO 1950 No. 360 >  October 3, 1950
POWER OF COURT TO SUSPEND VEHICLE OPERATOR'S LICENSES
POWER OF COURT TO SUSPEND VEHICLE OPERATOR'S LICENSES Except where revocation or suspension of an operator's license is mandatory for certain crimes, the courts have discretion to impose, in addition to other penalties, the suspension or revocation of operators' licenses of those convicted of operating a vehicle on the public highways contrary to any other state law or contrary to any municipal ordinance which makes a violation which is also a violation under the state law.
AGO 1950 No. 359 >  October 4, 1950
RESIDENCE HALLS FOR STUDENTS ON CAMPUS OF EASTERN WASHINGTON COLLEGE OF EDUCATION
RESIDENCE HALLS FOR STUDENTS ON CAMPUS OF EASTERN WASHINGTON COLLEGE OF EDUCATION Board of Trustees of Eastern Washington College of Education has the power within their discretion to adopt and enforce such reasonable regulations as would require residence of its students in such residence halls on the campus of the institution.
AGO 1950 No. 357 >  October 5, 1950
PUBLIC UTILITY DISTRICTS
PUBLIC UTILITY DISTRICTS A municipality may not condemn the property of a public utility district.
AGO 1950 No. 361 >  October 5, 1950
DISPOSITION OF COSTS IN CRIMINAL FORFEITURES
DISPOSITION OF COSTS IN CRIMINAL FORFEITURES Costs in cases of forfeiture of bail in criminal proceedings may be deducted from such forfeitures and credited to the appropriate county fund where such forfeitures are directed to be paid into funds other than the county current expense or salary fund.
AGO 1950 No. 362 >  October 6, 1950
CITY COUNCILMEN OF 3RD AND 4TH CLASS CITIES DOING BUSINESS WITH THEIR CITY
CITY COUNCILMEN OF 3RD AND 4TH CLASS CITIES DOING BUSINESS WITH THEIR CITY City councilmen of cities of the third class may perform services or furnish supplies to the city up to $100 in any calendar month, and city councilmen of cities of the fourth class may perform services or furnish supplies to the city up to $50 in any calendar month so long as no incompatibility exists.
AGO 1950 No. 363 >  October 6, 1950
MOTOR VEHICLES - INTOXICATION IN PUBLIC PLACE OR PRIVATE PLACE - PASSENGER THEREIN
MOTOR VEHICLES ‑- INTOXICATION IN PUBLIC PLACE OR PRIVATE PLACE ‑- PASSENGER THEREIN There is no statutory crime in merely being an intoxicated passenger in a private car which is parked or operated on a public highway.  Facts and circumstances, however, such as obscenity or disturbance of the public peace would bring the passenger within the purview of the prohibition of being intoxicated in a public place.
AGO 1950 No. 364 >  October 9, 1950
CITIES OF 2ND, 3RD AND 4TH CLASS - VACANCY IN THE OFFICE OF MAYOR - HOW FILLED - LENGTH OF TERM
CITIES OF 2ND, 3RD AND 4TH CLASS ‑- VACANCY IN THE OFFICE OF MAYOR ‑- HOW FILLED ‑- LENGTH OF TERM

1. In cities of the 2nd class where a vacancy occurs in the office of mayor Rem. 9066 controls, and the mayor elected by the members of the city council shall serve only until the next general election.2. In cities of the 3rd class where a vacancy occurs in the office of the mayor the council shall elect a mayor who shall serve only until the next regular election, at which time a person shall be elected to serve for the remainder of the unexpired term.  (Rem. 9119).3. In cities of the 4th class where a vacancy occurs in the office of mayor the council shall elect a mayor who shall serve out the unexpired term, irrespective of any intervening general municipal election.  (Rem. 9203).

AGO 1950 No. 365 >  October 9, 1950
PAROLE OF CERTAIN INMATES IN STATE INSTITUTIONS
PAROLE OF CERTAIN INMATES IN STATE INSTITUTIONS Section 50, chapter 198, Laws of 1949, should be construed as applying to all the specific types of persons who are committed under the provisions of chapter 198, Laws of 1949.
AGO 1950 No. 366 >  October 10, 1950
STATE SCHOOLS FOR MENTAL DEFECTIVES
STATE SCHOOLS FOR MENTAL DEFECTIVES For reasons given, a criminal charge may not properly be filed under section 20, chapter 198, Laws of 1949, against an individual harboring an escapee from either Lakeland Village or Rainier State School.
AGO 1950 No. 367 >  October 11, 1950
MARRIAGE - FEMALE UNDER EIGHTEEN YEARS OF AGE
MARRIAGE ‑- FEMALE UNDER EIGHTEEN YEARS OF AGE The County Auditor should not issue a marriage license where the application shows that the male is over twenty-one, but the application further either shows that the female is under eighteen or the County Auditor has knowledge that such female is under eighteen, and where the parents of the female do not consent to such marriage, nor is there any affidavit that the female is over eighteen years of age.
AGO 1950 No. 369 >  October 18, 1950
SCHOOLS - TEACHER'S SALARY EARNED IN NINE MONTHS - SALARY PAID IN TWELVE INSTALLMENTS - INTERPRETATION OF TEACHERS CONTRACT OF EMPLOYMENT
SCHOOLS ‑- TEACHER'S SALARY EARNED IN NINE MONTHS ‑- SALARY PAID IN TWELVE INSTALLMENTS ‑- INTERPRETATION OF TEACHERS CONTRACT OF EMPLOYMENT

(1) By virtue of the agreement between Eulah Blackwell and the superintendent of the school, the Eulah Blackwell estate is entitled to the sum of $600.(2) The above sum should be paid from the appropriation for salaries and wages.

AGO 1950 No. 368 >  October 19, 1950
LOCAL OPTION ELECTIONS
LOCAL OPTION ELECTIONS Where petition is filed for a local option election in a unit consisting of all portions of a county outside of incorporated cities and towns, and certain territory has, subsequent to the last general election and prior to the election at which the question is sought to be submitted, been annexed to an incorporated city within the area, the votes cast in the annexed area at the last general election should be deducted in determining the number of "electors voting at the last general election within such unit" within the meaning of Rem. Rev. Stat. 7306-84.
AGO 1950 No. 370 >  October 19, 1950
VETERANS RELIEF ACT OF 1947 - APPLICABILITY TO MEMBERS OF UNITED STATES ARMED FORCES SERVING IN THE KOREAN WAR, AND THEIR FAMILIES
VETERANS RELIEF ACT OF 1947 ‑- APPLICABILITY TO MEMBERS OF UNITED STATES ARMED FORCES SERVING IN THE KOREAN WAR, AND THEIR FAMILIES United States service personnel who have served or are serving in the Korean campaign and/or their families are entitled to aid or assistance under the provisions of the Veterans' Relief Act, chapter 180, Laws of 1947 (10737 Rem. Supp. 1947).
AGO 1950 No. 371 >  October 19, 1950
SCHOOLS - TEACHERS' SALARIES - PAYMENT IN TWO SCHOOL FISCAL YEARS
SCHOOLS ‑- TEACHERS' SALARIES ‑- PAYMENT IN TWO SCHOOL FISCAL YEARS After the directors elected at the annual school election shall have entered upon the discharge of their duties, the board of directors of a school district may make a valid contract employing a teacher who is to receive compensation in twelve equal monthly installments beginning at the end of September in said year.
AGO 1950 No. 372 >  October 20, 1950
CITIES AND TOWNS - CITY PROPERTY ASSESSMENTS FUND - AVAILABLE ONLY TO PAY L.I.D. ASSESSMENT AGAINST CITY-OWNED PROPERTY - FEDERAL PROPERTY
CITIES AND TOWNS ‑- CITY PROPERTY ASSESSMENTS FUND ‑- AVAILABLE ONLY TO PAY L.I.D. ASSESSMENT AGAINST CITY-OWNED PROPERTY ‑- FEDERAL PROPERTY It is not proper for the City of Seattle to use money belonging to the City Property Assessments Redemption Fund for paying local improvements assessments chargeable against property owned by the federal government or property owned by the Housing Authority.
AGO 1950 No. 373 >  October 20, 1950
JUDGES - SUPERIOR COURT - INCUMBENT IN ONE DEPARTMENT AS "WRITE‑IN" CANDIDATE IN ANOTHER DEPARTMENT
JUDGES ‑- SUPERIOR COURT ‑- INCUMBENT IN ONE DEPARTMENT AS 'WRITE‑IN' CANDIDATE IN ANOTHER DEPARTMENT An incumbent judge may run as a "write‑in" candidate for the same position in another department so long as his name will not appear on the ballot twice.
AGO 1950 No. 374 >  October 24, 1950
LIABILITY OF WASHINGTON STATE COLLEGE TO PRIVATE PROPERTY OWNERS FOR DAMAGES FROM DIVERTED SURFACE WATERS CAUSED BY CONSTRUCTION WORK
LIABILITY OF WASHINGTON STATE COLLEGE TO PRIVATE PROPERTY OWNERS FOR DAMAGES FROM DIVERTED SURFACE WATERS CAUSED BY CONSTRUCTION WORK

1. The State College of Washington is liable to private property owners for damage from surface waters where such surface waters have been diverted from their natural water course to a different water course.2. The State College of Washington may expend public monies in the enlargement, alteration or improvement of the natural water course.

AGO 1950 No. 375 >  October 25, 1950
COUNTIES - BONDS - TOTAL COUNTY INDEBTEDNESS LIMITED TO FIVE PER CENT OF TAXABLE PROPERTY
COUNTIES ‑- BONDS ‑- TOTAL COUNTY INDEBTEDNESS LIMITED TO FIVE PER CENT OF TAXABLE PROPERTY A county may not issue bonds for county purposes for the full amount of five per cent and also issue county road bonds for an additional five per cent of the taxable property.
AGO 1950 No. 376 >  October 26, 1950
USE OF PARKWAY
USE OF PARKWAY

1. The State Capitol Committee does not now have the authority to limit the use of the road and parkway now being constructed on the west side of the Des Chutes Basin.2. The state agency vested by the legislature with authority to maintain and control the road and parkway now being constructed on the west side of the Des Chutes Basin may limit the use thereof to certain types of vehicles by reasonable regulations.

AGO 1950 No. 377 >  October 27, 1950
BALLOTS CONFLICTING INITIATIVE MEASURES
BALLOTS CONFLICTING INITIATIVE MEASURES Two initiatives separately proposed but containing conflicting subject matter must be submitted to the voters as independent propositions.
AGO 1950 No. 378 >  October 30, 1950
SCHOOLS - PUPILS - POWER OF BOARD OF DIRECTORS OF SCHOOL DISTRICT TO REFUSE ADMISSION TO PUPILS NOT SIX YEARS OLD
SCHOOLS ‑- PUPILS ‑- POWER OF BOARD OF DIRECTORS OF SCHOOL DISTRICT TO REFUSE ADMISSION TO PUPILS NOT SIX YEARS OLD

1. A school district may refuse a pupil admission to first grade who is not six years old by September 30.2. Regulations requiring pupils be six years old by September 30 not applicable to bona fide transfer pupil from another district who properly was admitted to school though not six years old.3. Regulation requiring pupils be six years old by September 30 gives directors power to refuse pupils who leave district to evade regulation and then return upon reaching six years.

AGO 1950 No. 379 >  October 30, 1950
REFERENDUM ON LEGISLATION TO REVISE WELFARE LAWS
REFERENDUM ON LEGISLATION TO REVISE WELFARE LAWS Legislation to revise welfare laws can be enacted by the 1951 legislature which will not be subject to referendum.
AGO 1950 No. 380 >  November 13, 1950
CITIES - SALARIES - RAISE DURING TERM OF OFFICE
CITIES ‑- SALARIES ‑- RAISE DURING TERM OF OFFICE A proposed raise in salary to be effective before a successor to the office has been elected and qualified would be invalid.
AGO 1950 No. 381 >  November 14, 1950
SOCIAL SECURITY - STATE DEPARTMENT OF HEALTH ASSUMING HEALTH SERVICES TO RECIPIENTS
SOCIAL SECURITY ‑- STATE DEPARTMENT OF HEALTH ASSUMING HEALTH SERVICES TO RECIPIENTS

1. Section 7 of Initiative 178 transfers the legal responsibility for providing necessary medical care and health services to recipients of public assistance and medical indigents from the Department of Social Security to the State Department of Health.2. The Department of Social Security is not legally authorized to continue its agreement for medical care with the State Medical Bureau which was entered into under Initiative 172.

AGO 1950 No. 382 >  November 14, 1950
DENTAL TECHNICIAN APPRENTICESHIP STANDARDS
DENTAL TECHNICIAN APPRENTICESHIP STANDARDS Under the Apprenticeship Training Program the participant is not required to sign a contract unless said contract complies with the apprenticeship laws and all lawfully adopted standards.
AGO 1950 No. 383 >  November 14, 1950
JUSTICES OF THE PEACE - FEES FOR TAKING BAIL
JUSTICES OF THE PEACE ‑- FEES FOR TAKING BAIL A non-salaried justice of the peace is entitled to a fee of seventy-five cents for taking recognizance of bail in the situation where a traffic violator promises to appear and then posts bail.
AGO 1950 No. 384 >  November 17, 1950
STATE HIGHWAYS - ABANDONMENT - BRIDGES
STATE HIGHWAYS ‑- ABANDONMENT ‑- BRIDGES A bridge upon a state highway is a part thereof, but becomes a part of a county road, and must be maintained by the county or counties as such, upon certification by the Director of Highways to the board or boards of county commissioners of the county or counties involved that the same is no longer necessary as a part of such state highway.
AGO 1950 No. 393 >  November 17, 1950
P.U.D. - CHANGING BOUNDARIES - ELECTIONS
P.U.D. ‑- CHANGING BOUNDARIES ‑- ELECTIONS The county commissioners by changing their district boundaries did not ipso facto effect a corresponding change in the P.U.D. commissioner district boundaries, and a candidate who before the change by the county commissioners did not reside within the P.U.D. commissioner district in question, did not become a resident thereof or eligible to hold the office therein by reason of the action by the county commissioners.
AGO 1950 No. 386 >  November 20, 1950
INITIATIVE 178 - SUPERVISION AND OPERATION OF KING COUNTY HOSPITAL
INITIATIVE 178 ‑- SUPERVISION AND OPERATION OF KING COUNTY HOSPITAL Section 15 of Initiative 178 does not repeal chapter 139, Laws of 1931.  The Board of Trustees is still responsible for the administration, supervision and operation of such county hospital.
AGO 1950 No. 387 >  November 20, 1950
CITIES AND TOWNS - CONTRACTS - INTERESTED OFFICERS - RENTAL OF MACHINE
CITIES AND TOWNS ‑- CONTRACTS ‑- INTERESTED OFFICERS ‑- RENTAL OF MACHINE The mayor of a fourth class town may not charge rental for use of a machine by the town in excess of $50.00 for any one month.  Any excess charge is void and where wilfully incurred and charged, subjects the officer to removal from office and conviction for a misdemeanor.
AGO 1950 No. 385 >  November 21, 1950
ELECTIONS - DUTIES OF COUNTY CANVASSING BOARD TO CANVASS AND OF COUNTY AUDITOR TO ISSUE ELECTION CERTIFICATE BASED UPON RETURNS IN LEGISLATIVE ELECTION WHERE THROUGH HONEST MISTAKE - APPORTIONMENT NOT FOLLOWED
ELECTIONS -- DUTIES OF COUNTY CANVASSING BOARD TO CANVASS AND OF COUNTY AUDITOR TO ISSUE ELECTION CERTIFICATE BASED UPON RETURNS IN LEGISLATIVE ELECTION WHERE THROUGH HONEST MISTAKE...

Canvass of election and issuance of certificate of election are ministerial duties; thus, where territory was annexed to city of Bellingham but legislative districts were not accordingly re‑apportioned [[reapportioned]]and county auditor through honest mistake issued ballots as though re‑apportionment [[reapportionment]]had taken place, and such ballots were voted in good faith, canvass should be performed and certificate of election issued.Proper forum of trying validity of such election, or contest thereof is in the legislative house whose membership would be affected.

AGO 1950 No. 388 >  November 21, 1950
CONSTABLE FEES
CONSTABLE FEES Only a single statutory service fee may be allowed for the service by a constable of a notice and complaint, issued by a Justice of the Peace, on one defendant.
AGO 1950 No. 389 >  November 21, 1950
FIRE PROTECTION DISTRICTS - LOCAL IMPROVEMENT DISTRICTS MAY NOT BE CO-EXTENSIVE [[COEXTENSIVE]]IN AREA WITH FIRE PROTECTION DISTRICTS
FIRE PROTECTION DISTRICTS ‑- LOCAL IMPROVEMENT DISTRICTS MAY NOT BE CO-EXTENSIVE [[COEXTENSIVE]]IN AREA WITH FIRE PROTECTION DISTRICTS One local improvement district may not include the whole of the fire protection district under which it is to be organized.
AGO 1950 No. 391 >  November 22, 1950
INTOXICATING LIQUOR - CONSUMPTION IN UNLICENSED CLUBS
INTOXICATING LIQUOR ‑- CONSUMPTION IN UNLICENSED CLUBS A bona fide private club need not be licensed in order for its members to consume their own liquor on the premises, and whether a club is operating illegally is a question of fact.
AGO 1950 No. 392 >  November 22, 1950
FEDERAL SOCIAL SECURITY ACT - OLD-AGE AND SURVIVORS INSURANCE PROVISIONS - COVERAGE OF OFFICIALS AND EMPLOYEES OF THE STATE AND ITS VARIOUS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS
FEDERAL SOCIAL SECURITY ACT -- OLD-AGE AND SURVIVORS INSURANCE PROVISIONS -- COVERAGE OF OFFICIALS AND EMPLOYEES OF THE STATE AND ITS VARIOUS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS Amendments to the Old-Age and Survivors Insurance provisions of the Federal Social Security Act make coverage available to officials and employees of the various states and to municipal corporations and political subdivisions of such states.  Coverage can be effected only on the application of a state and requires an agreement under which the state undertakes the collection and guarantees payments.  Officials and employees already covered by public retirement systems are not eligible for coverage.  The State of Washington has no agency designated to effect an agreement with the Federal Social Security Administration and the Governor of the State does not in the absence of statute have power to make such an agreement.
AGO 1950 No. 394 >  November 29, 1950
WHETHER FEMALE EMPLOYEES EMPLOYED IN MECHANICAL, MERCANTILE, LAUNDRY, HOTEL OR RESTAURANT BUSINESSES, ALTHOUGH MAIN OFFICES ARE IN SEPARATE BUILDINGS, COME UNDER THE PROVISIONS OF EIGHT HOUR LAW, L.I.D
WHETHER FEMALE EMPLOYEES EMPLOYED IN MECHANICAL, MERCANTILE, LAUNDRY, HOTEL OR RESTAURANT BUSINESSES, ALTHOUGH MAIN OFFICES ARE IN SEPARATE BUILDINGS, COME UNDER THE PROVISIONS OF EIGHT HOUR LAW, L.I. All women and minors employed in a mercantile industry, regardless of task, are covered by Mercantile Industry Order.
AGO 1950 No. 395 >  December 1, 1950
INDIANS - TAXATION OF PERSONAL PROPERTY OF PARTNERSHIPS COMPOSED OF INDIAN AND WHITE MAN
INDIANS ‑- TAXATION OF PERSONAL PROPERTY OF PARTNERSHIPS COMPOSED OF INDIAN AND WHITE MAN Personal property of a partnership composed of an Indian and a white man, including property which Indian has effectively contributed to the partnership, is subject to taxation, although such property is located on an Indian Reservation.
AGO 1950 No. 396 >  December 1, 1950
COUNCIL-MANAGER FORM OF GOVERNMENT - EFFECTIVE DATE - APPOINTMENT OF MANAGER - INCUMBENT MAYOR'S TERM - EMERGENCY ORDINANCE FOR MANAGER'S SALARY - EXECUTIVE MEETING - PETITION FOR ABANDONMENT
COUNCIL-MANAGER FORM OF GOVERNMENT ‑- EFFECTIVE DATE ‑- APPOINTMENT OF MANAGER ‑- INCUMBENT MAYOR'S TERM ‑- EMERGENCY ORDINANCE FOR MANAGER'S SALARY ‑- EXECUTIVE MEETINGS ‑- PETITION FOR... Council-manager form effective when new councilmen take office; incumbent mayor holds office only until appointment of mayor under new plan‑- temporary manager may be appointed‑-emergency budget ordinance proper for payment of manager's salary‑-minutes of executive session need not be public‑-petitions for abandonment of plan governed by law regulating petitions for adopting it‑-city manager authorized to appoint library and park board members.
AGO 1950 No. 397 >  December 4, 1950
TAX PROPERTY SALES FUND ORDINANCES - SEATTLE
TAX PROPERTY SALES FUND ORDINANCES ‑- SEATTLE Ordinances Nos. 46473 and 72834 of the City of Seattle established for the handling and protection of delinquent local improvement assessments through a "tax property sales fund" is invalid as being in derogation of the statutory provisions in Rem. Rev. Stat. Supp. 9351-3, 9383, 9384.
AGO 1950 No. 399 >  December 4, 1950
ELECTIONS - DIVISION OF EXPENSES - SCHOOL DISTRICT ELECTIONS
ELECTIONS ‑- DIVISION OF EXPENSES ‑- SCHOOL DISTRICT ELECTIONS A county auditor may charge a proper proportionate share of election expenses to any municipality scheduling a special election in concert with either a state primary or general election.
AGO 1950 No. 398 >  December 6, 1950
CONSTRUING INITIATIVE 178 IN REGARD TO THE AID TO THE BLIND PROGRAM IN CONJUNCTION WITH PUBLIC LAW 734
CONSTRUING INITIATIVE 178 IN REGARD TO THE AID TO THE BLIND PROGRAM IN CONJUNCTION WITH PUBLIC LAW 734

The Department cannot exempt $50.00 from the blind program in Public Law 734 without amending current statutes.The Department cannot accept determinations of blindness from optometrists as well as ophthalmologists.

AGO 1950 No. 400 >  December 12, 1950
FRIENDLY ALIEN SOLDIERS - IMMUNITY FROM ARREST
FRIENDLY ALIEN SOLDIERS ‑- IMMUNITY FROM ARREST Canadian soldiers training at Fort Lewis are not immune from process in our Federal or state courts.  Law enforcement authorities, as a matter of comity, should release offenders to the Canadian Military for trial and punishment.
AGO 1950 No. 401 >  December 15, 1950
UNIFORM MILK FLUID ACT - COUNTIES - ORDINANCES
UNIFORM MILK FLUID ACT ‑- COUNTIES ‑- ORDINANCES Where the county has not been certified as a local milk inspection service unit, the State Uniform Milk Fluid Act does not deprive the county appeal board of its powers to review degrading orders of the local health officer made in compliance with the local ordinance and not inconsistent with the provisions of the State Act.
AGO 1950 No. 405 >  December 18, 1950
PAYMENT OF FIRE INSURANCE PREMIUMS FOR COUNTY TB HOSPITAL OUT OF CURRENT EXPENSE FUND
PAYMENT OF FIRE INSURANCE PREMIUMS FOR COUNTY TB HOSPITAL OUT OF CURRENT EXPENSE FUND Premiums for fire insurance on the county tuberculosis hospital may be paid out of county current expense fund.
AGO 1950 No. 402 >  December 19, 1950
FIREMEN'S RELIEF AND PENSION ACT
FIREMEN'S RELIEF AND PENSION ACT Full time paid firemen employed by a fire district are not covered by the Firemen's Relief and Pension Act, chapter 91, Laws of 1947 (Rem. 1947 Supp. 9578-40 to 9578-51).
AGO 1950 No. 403 >  December 26, 1950
VOLUNTEER FIREMEN
VOLUNTEER FIREMEN Volunteer firemen responding to a call into another state are under the protection of the Volunteer Firemen's Relief and Pension Act.
AGO 1950 No. 404 >  December 27, 1950
GRADE CROSSING IN CITIES FRAMING OWN CHARTERS
GRADE CROSSING IN CITIES FRAMING OWN CHARTERS After a city reaches 20,000 in population and is authorized to frame its own charter, the Public Service Commission does not have jurisdiction over grade crossings within the limits of such city under the provisions of the grade crossing act.
AGO 1950 No. 406 >  December 27, 1950
SCHOOL DISTRICT - SPECIAL ELECTIONS - GENERAL MAINTENANCE - REPLACEMENT OF ATHLETIC FIELD FLOOD LIGHTS
SCHOOL DISTRICT -- SPECIAL ELECTIONS -- GENERAL MAINTENANCE -- REPLACEMENT OF ATHLETIC FIELD FLOOD LIGHTS A special election of a school district providing moneys for general maintenance does not authorize use of current expense moneys of the school district to replace lights on its athletic field.
AGO 1950 No. 407 >  December 27, 1950
WATER DISTRICTS - COMMISSIONERS - COMPENSATION
WATER DISTRICTS -- COMMISSIONERS -- COMPENSATION The provision for compensation of water district commissioners relates only to reimbursement for the time spent and reasonable expenses incurred in carrying out their governmental or administrative functions as commissioners, and does not provide a wage for labor performed as employees of the district.
AGO 1950 No. 409 >  December 28, 1950
PROPOSED LEGISLATIVE CHANGES IN INITIATIVE 178
PROPOSED LEGISLATIVE CHANGES IN INITIATIVE 178

1. The legislature cannot amend the provisions of Initiative 178 by setting the maximum or ceiling values on home or personal property.2. The legislature cannot prescribe administrative procedures to be followed by the department in carrying out the provisions of Initiative 178.3. The legislation would be invalid legally, but would be declaratory of legislative policy.4. The legislature can enact legislation on the subject of relative responsibility.

AGO 1950 No. 408 >  December 29, 1950
LEGISLATURE - VACANCY - PROSPECTIVE APPOINTMENT
LEGISLATURE ‑- VACANCY ‑- PROSPECTIVE APPOINTMENT The death of a newly elected member of the House of Representatives subsequent to his election, but prior to this taking of office on the second Monday in January following his election, does not create any vacancy in the office at the time of his death, but the county commissioners may make a prospective appointment now to take effect January 8, 1951, so long as the county commissioners are not interfering with the rights and prerogatives of their successors, should there be any, taking office January 8, 1951.
AGO 1950 No. 410 >  December 29, 1950
DIRECTOR OF HEALTH MAY SPECIFY CERTAIN GROUPS OF RECIPIENTS UNDER INITIATIVE 178 TO USE COUNTY FACILITIES - DIRECTOR OF HEALTH IS CHARGED WITH RESPONSIBILITY OF EXPENDITURE OF FUNDS UNDER INITIATIVE 178
DIRECTOR OF HEALTH MAY SPECIFY CERTAIN GROUPS OF RECIPIENTS UNDER INITIATIVE 178 TO USE COUNTY FACILITIES -- DIRECTOR OF HEALTH IS CHARGED WITH RESPONSIBILITY OF EXPENDITURE OF FUNDS UNDER...

Under Initiative 178, section 15, the State Board of Health may establish a policy in counties where there are county hospitals requiring that certain specified groups of recipients, such as medically indigent, general assistance, and aid to dependent children, utilize the in-patient [[inpatient]]and out-patient [[outpatient]]facilities and aid to dependent children, utilize the in-patient and out-patient facilities of those hospitals to the fullest extent, provided that the standards of medical care are equivalent in quality to those generally accepted in the community concerned.Under Initiative 178, section 15 (h), the State Director of Health is charged with the responsibility for the expenditure of funds and is required to do the accounting and approval of vouchers for the State Auditor.

AGO 1950 No. 412 >  December 29, 1950
STATE TRAINING SCHOOL - GIRLS - ALL SUBORDINATE OFFICERS BEING WOMEN
STATE TRAINING SCHOOL ‑- GIRLS ‑- ALL SUBORDINATE OFFICERS BEING WOMEN The term "subordinate officers" as found in the statute relates only to administrative positions.
AGO 1950 No. 411 >  December 30, 1950
SCHOOLS - ELECTIONS - CANDIDATES - FILING
SCHOOLS ‑- ELECTIONS ‑- CANDIDATES ‑- FILING The provisions of section 6, chapter 161, Laws of 1949 (Rem. Rev. Stat. 5166-4) relative to filing declarations of candidacy, controls and supersedes the provisions of section 5032, relative to nominative petitions for the election of directors in school districts of the first class in class A counties and counties of the first class.
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