The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-10-27
Proposed Amendment to the Constitution
STATE OF WASHINGTON

STATE OF WASHINGTON
OFFICE OF THE SECRETARY OF STATEt
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
for voting an 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. <.a ..tt as
Section 16 article ofthe 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 fof drains
fumes, and bitches for agricultural, domestic
and sanitary purposes, and for fumes, bitches,
canals, reservoirs, or rights-of-way through, on
or across the lands or waters or property OF
others tor mining, milling, manufacturing, irri-
CATION and numbering purposes, or for the
moval of timber or timber products ard the APP
preparation and OF property for such pur-
poses are hereby declared to be public uses.
Even though such appropriation and use may
nure to the spe cial benefit ofeome private pdi-
vidua, firm corporation association:
Provided however that this declaration as to
public uses shall not be construed to limit the
right to appropriate property for other public
uses. Private property snail not be taken Tor
private use, except for private ways OF necessity
No private property shall be taken or damaged
for public or private use without just compensa-
ton having been brSt made or PAID into court
for the owner, and no rights of-way shall be APP
propriated to the of any corporation other
than municipal until full compensation there
for be first made in money, or ascertaihed and
paid into court for the owner, irrespective OF any
benefit from any inn rovel1ent proposed by such
corporation, which compensation shall be ascer-
tanned by Jury, unless jury be waived, as III
Other ci.l cases III courts of record, in the man.
uer prescribed by law. Whenever an attempt
is made 10 take private property Tor use al
legged TO be public, the question whether the
~ s,-gT ,1Tr he
dicial question, and determined as such, with
out regard to any legislative assertion that the
use is public, except to the uses which are mere
in declared to be public.
That there shall be printed on ali ballots pro-
vided for the said election. the words "For the
proposed amendment to section sixteen U6), OF
article ore ~ of the constitution, relating to
the exercise of the power OF eminent Qonlall,
"Against the proposed amendment to section
sixteen (I6) Of article one II, OF the constitu-
ton relating 10 the exercise OF the power OF
emin ent domain"
In testimony whereof have hereuntc set my
hand and affixed the seal of the state OF WASH
Done at olympia this first day OF August, A,
D., 1906.
IsTATE SEALl
!. 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 cleariy
your affirmative negative vote.
Secretary of State
First publication August II, Iso6. i5t