The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-10-20
Proposed amendment to the Constitution
STATE OF WASHINGTON
OFFICE OF THE SECRETARY OF STATE

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
4th 1905, entitled as follows An act to provide
tor voting an a constitutional amentment at the
general election to be held on November 9th,
1906, 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 of said
state.
Section Is, article of the constitution of the
State of W ashington shall be amended to read
as follows:
"Section IS. Private property may be 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,
or across the lands or waters or property OF
others tor mining milling, manufacturing, irri-
gatIon 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 spe cial beneft of some private indi
vidual, firm, corporation or association:
Provided however, that this declaration as to
public uses shall not be construed to limit the
right to appropriate property tor 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 or private without just compensa
ton having been first made, paid into court
for the owner, and no rights of way shall be APP
propriated to the use of any corporation other
than municipal until full compensation there
for 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 beascer-
tanned by jury, unless jury be waived, in
other GIRL cases in courts of record i'll the man.
| ner prescribed by law. Whenever an attempt
is made to take private property for use al
| legged to be public, the question whether the
contemplated use be really public shall be ju-
dicial question, and determined as such, with
out regard to any legislative assertion that the
use is public, except to the which are here
| in declared to be public.
! That there shall be printed all ballots pro-
| vided for the said election. the words For the
proposed amendment to section sixteen (I6), OF
article one (D, of the constitution, relating to
Against the proposed amendment to section
sixteen I6), of article one III, OF the constitu-
ton, relating to the exercise of the power OF
eminent domain
In testimony whereof have hereunto set my
hand and affixed the seaf-of the state of Wash
ington.
Done at Olympia this first day OF August, A,
D., 1905. -
Estate SEAL
SAM H. NICHOLS
Secretary of State for the State ofSWashington
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 clearly
your affirmative or negative vote.
SAM II. NICHOLS
Secretary of State
First publication August II, 1906. I3t