Washington State journal and Adams County news. [volume] (Ritzville, Wash.) 1906-1907, 1906-10-31
Proposed Amendment to the
Constitution.
STATE OF WARRINGTON.
OFFICE OF THE SECRETARY OF STATE I

WITHIN Vt oECnhIhhI VT oTATE
10 whom 1t may concern-ln obedience to an
act of the legislature approved March 4th, 1895,
entitled AS follows: An act to- provide for
voting on constitutional amendment at the
general election to be held on Novem Der 9th,
1905, amending the state constitution OF the
state OF Washington 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 o,
said state.
state of Washington shall be amended 10 read
as follows:
section l6. Private property may be taken,
under such terms, conditions and limitations
AZ shall be prescribed by the legislature for
drains, fumes and bitches for agriculture =.
domestic and sa nitary purposes. and for fumes,
bitches, canals, reservoirs or rights of-way
through, on or across the lands or waters or
property of others for mining, milling, manu-
factur ring, irrigation and numbering purposes,
or for the removal of timber or timber pro-
ducts and the appropriation and use Of prop
erty for such purposes are hereby declared to
be public uses. Even though such appropIia.
some private individual. firm, corporation or
association:
Provided. however, that this declaration as
to public uses shall not be construed to limit
public uses. Private property shall not be
taken for private use, except for private ways
S oT SabRe
without just compensation having been first
made, or paid into court for the owner. and no
rights-of way shall be appropriated to the use
of any corporation other than municipal until
full compensation therefor be first made In
money, or ascertained and paid into court for
the owner, irrespective Of any benefit from any
Improvement proposed by such corporation,
which compensation shall he ascertained by
jury, unless jury be waived. as in other civil
cases in courts of record, in the manner pre-.
scribed by law. Whenever an attempt IL made
to take private property for u use alleged to be
public, the question whether the cOutem pla ted
use be really public shall be ajndicial question
and determined as such, without regard to any
legislative assertion that the use is public,
except TO the uses which are herein declared
to he public.
That there shall be printed on ali ballots
provided for the said election, the words "For
the proposed amendment to section sixteen
(l6) OF article one ny, OF the constitution, relat
ing To the exercise of the power OF eminent
domain" against the proposed amendment
to section sixteen Q6). of article one ~ of thu
constitution, relating to the exercise OF the
power of eminent domain"
In testimony whereof have hereunto set my
hand and affixed the seal OF the state of Wash.
ingt0n
Done at Olympia this first day Of August,
A d. 1906.
Estate Seal.]
SAM H. NICHOLS,
Secretary of State of the State OF
Washington.
To THE VoTERs-You are hereby advised to
place an X after the question For the Amend.
ment," etc, OF against the Amendment" ETC..
as the case may be so to ex press more clearly
your affirmative or negative vote.
SAM II NICHOLS.
Secretary of State