Washington State journal and Adams County news. [volume] (Ritzville, Wash.) 1906-1907, 1906-10-24
Proposed Amendment to the
Constitution.
STATE OF WASHINGTON,

OFFICE OF THE SECRETARY OF STATE.
To whom it may cOncern--In obedience to mn
act of the legislature approved March 4th. 1898,
entitled follows: An act to provide for
voting on Il 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 il here
with published for the consideration of the
voters of the state OF Washington the following
proposed amendment to the constitution OF
Section l6, article OF the constitution of the
state OF Washington shall be amended to read
rs follows:
'Secton l6. Private property may be tai ken,
under such terms conditions and liEiitntions
~ shall be prescribed by the legislature for
drains, fumes and bitches for agricultural,
domestic and sa nitary purposes, and for fumes,
bitches, canals, reservoirs . or rightsof-way
through, OH or across the lands or waters OF
property of others for mining milling, manu-
featuring, irrigation and numbering purposes,
or for the removal Of timber or timber pro-
ducts and the appropriation ana use OF prop
eity ioI such pul poses 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 us
to public uses shall not be construed to limit
the right TO appropriate properly for othe.
public uses. Private property. shall not he
taken for private use, except for private ways
of necessity. No private property shall he
taken or damaged for public or private use
JUST compensation having Deeu HIst
made or paid into court for the owner. aud no
rights-of way shall be appropriated to the use
of any corporation other than municipal until
full compensation therefor be first made in
money, or Hscertained and paid into court for
the owner. irrespective of any benefit from any
improvement proposed by such corporation,
which compensation shall be ascertained by
jury, unless N jury be waived, ny in other civil
cases in courts of record. i'll the manner pre-
scriDed by law. Whenever an attempt is made
to take private property for n use alleged TO be
public. the question whether the contem plated
use be really public shall be ajudcial question
and determined MS such, without regard To amy
legislative assertion that the use is public,
except to the uses which are herein declared
to he public.
That there shall be printed on all ballots
provided for the said election, the words "tor
the proposed amendment to section sixteen
ing 10 the exercise Of The power of eminent
domain;" against the proposed amendment
TO section sixteen Q6). of article one ~, OF IN
constitution, 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.
SAM II. NICHOLS.
Secretary Of State of the State of
Washington
To THF VoTERs--You are hereby advised 10
place an after the question For the Amend
ment," etc, or against the Amendment" etc..
us the may be so Ms to eX press more clearly
your aiiirmarlye or negative vote.
SAM IL. NICHOLS.
Secretary of State