The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-11-05

Our constitution clearly provides
that private property snail not be
taken for private purposes, and this
is in harmony with the constitutions
Of all the other states but these
amendments propose to change this
provision, and enable a private per-
son or corporation to take ones pri-
vate property and use it for private
gain, such use to be in no wise pub
lie.
'By these amendments they propose
to declare the use of the waters for
navigation or f1oatage of timber pro-
ducts public use, and then provide
for the condemnation and make the
stream or lake private easement.
Under the present constitution every
person mas the right of f1oatage, but
each must exercise that right with
due regard for the right of every
other, and hence there can be no pri-
ways. Every citizen has the right to
row his boat, or float his products, in
before such right can be made exclus-
i've, they amend the constitution,
which declares the waterways public
highways, and then by authorizing
condemnation for purely private pur-
ter every stream and lake with an
easement" and thus take away the
rights of floatage or use of the water
and make them private property. An
exclusive easement of this character
covering any lake or river would pre-
vent the public from fishing therein,
without the consent of this easement
owner, and this only illustrates how
far reaching these amendments become
If they are adopted.
1.-THE first amendment provides that
the use of the waters Of this state
for irrigation, mining, manufacture
ing purposes, and for the removal of
timber products shall be deemed a
public use" by which they seek to
add to the constitution the words
land for the removal of timber pro-
ducts" but these words are added
for the purpose Of enabling the wat
ers to be condemned and the ease
ment made exclusive, and for private
use.
1.-The second amendment seeks to
amend section Is article 1 Of our
state constitution so as to read:
Private property may be taken un-
der such terms, conditions and limit
ations as shall be prescribed by the
legislature, even though such appro-
priation and use may inure to the
special benefit of some private indi-
vidual, firm, corporation or associa-
tion." Not only this, but our pres
ent constitution provides that "when-
ever an attempt is made to take pri-
vate property for use alleged to be
public, the question as to whether
the contemplated use be really public
shall be a judicial question and de-
termined as such, without regard to
any legislative assertion that such use
is public" but they propose to add
the words except to the uses which
are herein declared TO be public"
'In other words they propose to
take away from the courts the power
to pass upon the question at all. and
to leave it absolutely and finally to
the will and discretion of the legisla-
ture as 10 the purposes for which /,
may be taken or the manner of it's TAX
ing.
These amendments declare that
the taking Of private property for a
large number of purposes shall be for
a public use, notwithstanding the
real purpose Of the taking shall be
private, and that as to any purpose
declared in these proposed amend
ments to b. public" the courts cam
not interfere 70 protect your private
rights.
1T may be urged by some that these
amendments are in conflict with the
federal consultation. and that sucn a
taking would be in violation of the
due process" provision, but while
this may be true 1 doubt it, because
the supreme court of the United
States has usually if not uniformly
held that where the state constitution
supports statute and that the pro-
cejure pointed out has been strictly
complied with, and the state courts
have upheld the statute and the pro-
cedure. there is no federal question
involved and you lave had due pro-
cess Of law" and again tho S,,nrerne