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shall be appointed for a period of two years, two for a period of three years, and the remaining member for a pediod of four years; who shall each take an oath of office as such commissioner similar, so far as the same shall be applicable, to the oath of office taken by the Judges of the Supreme Court of the State of Washington; each of whom shall hold - office until his successor has been appointed, confirmed and has qualified.

Sec. 3. Previous to the session of the Legislature next before the expiration of the term of any Code Commissioner or Code Commissioners, the Governor shall appoint a successor in office of any Code Commissioner or Code Commissioners whose term or terms shall expire subsequent to the next session of the Legislature, and prior to the succeeding session; such appointment shall be presented to the Senate of the State of Washington for confirmation, and if confirmed by a majority vote of the Senate such Commissioner or Commissioners shall succeed to the office of Code Commissioner or Code Commissioners whose official term may expire next after the session of the Legislature. If any appointment so made by the Governor of the State of Washington shall be rejected or not confirmed by the Senate, then the Governor shall appoint from time to time other persons qualified as above set forth as Code Commissioners until the same shall have been accepted and confirmed by the Senate of the State of Washington; and any appointment so made by the Governor when the Senate is not in session shall be sufficient to authorize such Code Commissioner to fill the office of any Code Commissioner whose term has expired, to which he has been appointed, until his name has been accepted and approved or rejected for such office by the Senate of the State of Washington.

Sec. 4. If for any reason any vacancy shall exist in the office of Code Commissioner, the Governor of the State of Washington shall immediately appoint a person duly qualified as above set forth, to fill such office for the term for which such vacancy exists, and, upon taking the oath of office herein prescribed, such appointee shall immediately become a member of said board of Code Commissioners. Such appointment shall be reported by the Governor to the next session of the State Senate within one week after it shall have convened, and the Senate shall proceed to confirm or reject such appointee. If rejected, then the Governor shall appoint from time to time other persons qualified as above set forth as Code Commissioner, until such an appointment has been accepted and confirmed by the Senate. Any appointment so made by the Governor shall be sufficient to authorize such Code Commissioner to fill the office until his name has been accepted or rejected for such office by the Senate of the State of Washington.

DUTIES. Sec. 5. It shall be the duty of the said Board of Code Commissioners:

First. To proceed at once to codify all of the laws of the State of Washington in force and effect at the time of the first meeting of said Board, preparing the same in printed form in such manner as to eliminate from the laws of the State of Washington then existing, all duplications; to arrange all of the laws in proper order with reference to the subject to which they relate, dividing the same into subjects, chapters and sections, as may be necessary to prepare a full and complete code of laws of the State of Washington as they then exist.

Second. It shall be the duty of said Board of Code Commissioners having prepared such a codification of the laws to present the same to the next session of the Legislature of the State of Washington after the same have been fully prepared, presenting the same in printed form in such numbers that each officer and member of the Legislature next succeeding the printing of the same may have three copies thereof, and further printing sufficient copies so that every Judge of the Supreme Court and of the Superior Courts of the State of Washington, and every member of the State Bar Association of the State of Washington may receive a separate copy thereof, and such copies shall be furnished to said Legislators, Judges and members of the State Bar Association as promptly as possible after the compilation has been completed.

Third. The code so compiled by the Code Commission, and so presented to the next session of the Legislature after its compilation shall be immediately placed on the calendar of each house of the Legislature for adoption, and may be adopted as a whole or with such amendments as shall be provided by the Legislature of the State of Washington; and when so adopted shall be and remain the permanent basic code of the laws of the State of Washington, and shall have the full force and effect of law, the same as though each section thereof had been adopted separately by the Legislature and approved by the Governor.

FUTURE LEGISLATION. Sec. 6. After a permanent basic code has been adopted by the Legislature of the State of Washington, and approved by the Governor as hereinbefore set forth, and as now required by law, the Code Commission shall remain in permanent session at the seat of government of the State of Washington for the purpose of examining into all future legislation proposed to be adopted by the Legislature of the State.

Sec. 7. No act of any kind, except for the appropriation of money, or because of an emergency shown in said act by reason of which it cannot be submitted to the Code Commission shall be enacted by the Legislature of the State of Washington until it has been first submitted to the Code Commission at least ten days before its third reading in the Legislature; and shall be certified by and reported upon by the Code Commission.

Sec. 8. Five copies of every proposed bill or enactment by the

Legislature of the State of Washington shall be submitted to the Code Commission, in typewritten form, at least ten days before the same is read for the third time in the Legislature, and said Code Commission shall immediately proceed to examine the same in connection with the permanent basic code of said State of Washington, and within five days after receipt thereof shall report to the Legislature of the State of Washington (if then in session, or to the Secretary of State if the Legislature is not in session), the place which said bill should occupy in the code of laws of the State of Washington by chapter, section or number, as the case may be; and with such report shall file its approval of, or objection to, said bill, giving the reasons therefor, and suggesting in writing any alteration or amendment that should be made to cause said act to conform to the permanent basic code of the State of Washington.

Sec. 9. In its report upon any bill proposed to be enacted by the Legislature of the State of Washington, said Code Commission shall state in writing its views as to the constitutionality of said proposed act and its effect, if any, upon vested property rights under former legislation and the decisions of the Supreme Court. It shall, in all matters, advise the legislative bodies of the State of Washington as to the effect of said proposed enactment if it shall become a law.

VALIDITY OF LAWS. Sec. 10. No law shall be enacted by the Legislature of the State of Washington until it shall have first been submitted to the Code Commission, as hereinbefore set forth, except laws for the appropriation of money, and emergency laws, as in this act provided. The record of such submission shall appear upon all enrolled enactments.

SALARIES AND TERMS OF OFFICE. Sec. 11. Each Code Commissioner appointed by the Governor and approved by the Senate of the State of Washington, as herein provided, shall hold office permanently unless impeached or recalled, as hereinafter provided, but shall be retired from office as of course upon his sixty-eighth birthday, and shall thereafter receive a pension of twenty-five hundred dollars ($2,500.00) per year during the remainder of his natural life.

Sec. 12. Each Code Commissioner during his active term of office shall receive a salary of Seventy-five hundred dollars ($7,500.00) per annum, payable monthly, out of the general funds of the State of Washington, by warrant drawn by the State Auditor and payable by the State Treasurer.

Sec. 13. The Code Commission is authorized to employ assistants, clerks and stenographers as to them shall seem necessary, paying for the services of such assistants, clerks and stenographers reasonable compensation for services, not to exceed One Hundred Fifty Dollars ($150.00) per month for assistants; One Hundred Twenty-five

Dollars ($125.00) per month for clerks, and One Hundred Dollars ($100.00) per month for stenographers, unless otherwise authorized so to do by an act of the Legislature.

IMPEACHMENT AND RECALL. Sec. 14. Any member of the Code Commission as hereby created shall be subject to impeachment, and the proceedings for the impeachment of any Code Commissioner shall be the same as provided for the impeachment of a member of the Supreme Court of the State of Washington, and each, every and all portions of the laws of the State of Washington as at this time existing in reference to the impeachment of a Judge of the Supreme Court, are made applicable to and the proper method for the impeachment of a Code Commissioner.

Sec. 15. Any Code Commissioner of the State of Washington may be recalled and his term of office ended by either of the two fol. lowing methods:

First: By the filing with the Secretary of State of the State of Washington of a written order of recall signed by the Governor of the State of Washington and two Judges of the Supreme Court of the State of Washington.

Upon the filing of such order of recall with the Secretary of State of the State of Washington, the same shall be presented to the Senate of the State of Washington at the next regular session thereof, and a vote shall be allowed; and if a majority of the Senators duly elected and qualifying at such session of the Senate of the State of Washington shall vote in favor of such recall, then the Governor of the State of Washington shall immediately certify that such Code Commissioner has been recalled, and his term of office shall expire thereby, and a new appointment shall be made in his place as in this act hereinbefore provided.

Second: By the filing with the Secretary of State of the State of Washington of a petition signed by ten per cent. of the duly qualified voters of the State of Washington voting at the last state election next preceding the filing of said petition.

Upon the filing of such petition the Secretary of State shall report the same to the Senate of the State of Washington next in session thereafter, and a vote shall be taken by the Senators of the State Senate of the State of Washington upon such petition for recall, and, if a majority of the Senators duly elected and qualifying at such session of the Legislature shall vote in favor of said recall, then, upon the ce ing of such vote to the Governor of the State of Washington, such Code Commissioner shall be recalled thereby, and his term of office shall expire immediately, and such vacancy shall be filled as in this act hereinbefore provided.

Mr. Arthur: I move the adoption of the report, Mr. President.

The motion received a second.

Mr. President: Gentlemen, you have heard the motion. Any remarks ?

Mr. President: All in favor of the motion say aye;

contrary no. The ayes have it.

We have with us Professor 0. L. Waller, of the State College of Washington, located at Pullman, who will deliver us an address upon “The Necessity of an Irrigation Code."

Mr. Waller: I wish to discuss, for a few minutes, the necessity of a water code for the State, and may say that, as a member of two code commissions that have worked on this, we have undertaken to cover about four things. First, the settling of vested titles, making them definite and as a matter of record; second, finding a method of or initiating new water rights; third, and a method for the distribution of the waters of the State that hey might go to the rightful owners of them or those who have a right to the use of them; fourth, and to provide some legislation for safety in the construction of dams. At the present time we have nothing of that kind. The two features only that I propose to discuss at this time will be the subject of titles and the use of the flood waters of the State, and, not being a practicing attorney, I wish to read this paper.

(Reads paper. See Appendix.)
(Interpolated after—"will supply”:)

I want to interpolate with one illustration. Some of you have heard me give it before.

I have in my office the abstract copies of the filings on the Yakima river from the time they commenced to make filings on it down to 1904, and it makes a lot of them, and there was at one time in force and effect, under our statutes of this State, water filings enough upon the water of the Yakima river and tributaries, if the Lord had furnished the water, to cover the

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