The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-08-18
Proposed Amendment to the Constitution
STATE OF WASHINGTON
OFFICE OF THE SECRETARY, 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, 1906 entitled as follows: An act to provide
for voting an a constitutional amendment at the
general election to be held on November 9th,
1906, amending the State constitution of the
State OF W ashlngton 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 Washington 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
and sanitary purposes, and for fumes, bitches,
canals reservoirs, or rights-ofway through, on
or across the lands or waters or property OF
others for mining, milling, manufacturing, irri-
CATION and numbering purposes, or for the re-
moval OF timber or timber products and the APP
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 benefit 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 81 all be taken or damaged
for public or private use without just compensa-
ton having been FIRST made, or paid into court
for the owner, and no righIsof-way shall be APP
propTiated 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 be ascer-
tanned by jury, unless jury be waived, as in
other GIRL cases in courts of record in the man
ner prescribed by law. Whenever an 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 ju-
dicia1 question, and determined as 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 lI6), of article one [Ib 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 seal of the state of Wash
ington.
Done at Olympia this first day of August, A.,
D., 1906.
tSTArE 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 afirmatis negative vote.
SAM H. NICHOLS
Secretary of State
First publication August II, 1906. I3t