The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-08-11
Proposed Amendment to the Constitution
STATE OF WASHINGTON


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
voters of the State of Washington the following
proposed amendment to the constitution of said
state.
State of Washington shall be amended to read
as follows
Section 16. Private property may be taken
under such terms, conditions and limitations as
shall be prescribed by the legislature for drains
numes, 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 re-
moval of timber or timber products, and the ap-
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 be net of some private indi
vidual, firm, corporation or associations:
Provided however, that this declaration as to
public uses shall not be construed to limit the
right to appropriate property for other public
private use except for private ways OF necessity.
No private property shall be taken or damaged
for public or private use without just compensa-
tiop having been first made, or paid into court
for the owner, and no righIs-of-way shall be ap-
prOprlated 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 a jury, unless jury be waived, as in
other c-i1 cases in courts of record, in the man.
ner prescribed by law. Whenever an attempt
is made to take private property for use al
legged to be public, the question whether the
contemplated use be really public shall be jul
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 stFor the
proposed amendment to section sixteen (16) of
article one ID of the constitution, relating to
the exercise of the power of eminent domain"
against the proposed amendment to section
sixteen (I6) of article one III, 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.
STATE sEAL]
SAM H. NICHOLS
Secretary of State for the State of Washington
- To THE VOTERS: You are hereby advised to
place an after the question "For the Amend
ment," etc, orAsAgainst the Amendment" etc,
as the case may be SO as to express more clearly
your afhrmatiy e or negative vote.
SAM H. NICHOLS
Secretary of State
First publication August II, 1906. I3t