Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1906-10-03
Proposed Amendment to the
Constitution.
STATE OF WASHINGTON, !
OFFICE OF THE SECRETARY OF STATE.

offlCE OF THE SEChETARf OF STATE.
Towhom it may concern-In obedience to an
act OF the Legislature approved March 4th. 1905
entitled as follows: An act to provide for
voting on a constitutional amendment 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 16, article of the constitution of the
state of Washington shall be amended to read
as follows:
"section t. Private property may be taken,
under such terms conditions and limitations
drains, fumes aud bitches for agricultural
domestic and sanitary purposes, and for fumes,
bitches, canals, reservoirs OF rights way
through on or across the lands or waters or
properly of others for mining milling, manu-
featuring, irriga%ion and numbering purposes,
or for the removal of timber or timber pro-
ducts, and the appropriation and use of prop
erty ior such purposes are hereby declared to
be public uses. Even though such appropria-
ton and use may inure to the special benefit of
some private individual, firm, corporation or
association:
Provided, however, that this declaration as
to public uses shall not be construed 10 limit
the right to appropriate property for othei
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 use
made, or paid into court for the owner. and no
rights-of way shall he appropriated to the use
of any corporation other than municipal until
full compensation therefor be first made in
money, OF ascertained and paid into court for
the owner irrespective of any benefit from any
improvement proposed. by such corporation,
which compensation shall be ascertained by a
jury, unless jury be waived, AS in other civil
cases in courts of record, in the manner pre-
scribed by law. Whenever an attempt is made
to take private property for use alleged to be
public, the question whether the contemplated
use be really public shall be ajudciai question
and determined rs such, without regard to any
legislative assertion that the use is public,
except to the uses which are herein declared
to lie public.
That there shall be printed on all ballots
provided for the said election, the words "tOr
the proposed amendment to section sixteen
ing to the exercise Of the power OF eminent
against the proposed anne ndment
to section sixteen Q6). of article one ~ of the
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 ID. 1906.
Estate Seal
SAM II. NICHOLS.
Secretary of State OF the State of
Washington.
To THE VoTERsYou are hereby advised to
place an X after the question For the Amend
ment;" etc., or "Againsr the Amendment" etc..
as the case may be so us to eX press more clearly
your affirmative or negative vote.
SAM II. NICHOLS,
secretary OF State