The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-09-15
Proposed Amendment to the Constitution
STATE OF WASHINGTON

STATE OF WASHINGTON
OFFICE OF THE SECRETARY OF STATE}
+ TO WHOM IT MAY CONCERN: In obedi-
ence to an act of the legislature approved March
attn, 1905, entitled as follows: An act to provide
tor voting an a constitutional amendment at the
general election to be held November 9th,
1906, amending the State constitution of the
State of Nashlngton relative to the exercise OF
the power of eminent domain There is here
with published for the consideration of the
voters of the State of Washington the following
proposed amendment to the constitution OF said
state.
Section I6, article of the constitution of the
State of Washington shall be amended to read
as follows:
Section TO- Private property maybe taken
under such terms, conditions and limitations as
shall be prescribed by the legislature for drains,
fumes, and bitches for agricultural, domestic
and sanitary purposes, and for fumes, bitches,
canals, reservoirs, or rights-of-way through, on
or across the lands or waters or property OF
others tor mining, milling, manufacturing, irr1-
CATION and numbering purposes, or for the re-
moval of timber or timber products, and the ap-
preparation and use OF property for such pur-
poses are hereby declared to be public uses.
Even though such appropriation and use may
inure to the special benefit of some private indi-
vidual, firm, corporation or association:
Provided however, that this declara ton as to
public uses shall not be construed to limit the
right to appropriate property for other public
uses. Private property shall not be taken for
private use, except for private ways OF necessity.
No private property shall be taken or damaged
for public private without just compensa
ton having been first made, or paid into court
tor the owner, and no r1ghIs-of-way shall be ap
prOpriated to the of any corporation other
than municipal until full compensation there
for be first made III money, or ascertained and
paid into court for the owner irrespective of any
benefit from any Improvement proposed by such
corporation which compensation shall be ascer-
tanned by jury, unless jury be waived, as III
other GILL cases i'll courts of record, in the man
ner prescribed by law. Whenever attempt
is made to take private property for a use al
legged to be public. the question whether the
contemplated use be really public shall be jul
dic1a1 question, and determined such, with
out regard to any legislative assertion that the
use IS public, except to the uses which are here
in declared to be public.
That there shall be printed on all ballots pro-
vided for the said election. the words For the
proposed amendment to section sixteen (I6), OF
article one ~, of the constitution, relating to
the exercise of the power of eminent domain
against the proposed amendment to section
sixteen (I6), OF article III, of the constitu-
ton, relating to the exercise of the power OF
eminent domain"
In testimony whereof have hereuntc set my
ington
Done at Olympia this first day of August, "A,
d., 1906.
STATE SEAL
SAM H NICHOLS
Secretary of State for the State of Washington.
To THE VOTERS: You are hereby advised to
place an x after the question For the Amend
ment,' etc, or Against the Amendment" etc,
as the case may be SO as to express more clearly
your affirmative or negative vote.
SAM H. NICHOLS
Secretary of State
First publication August H. 1905 I3t