Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-11-02
PEOPLES FORUM.
Vote mo on Constitutional Amendments
Whv and Wherefor.
OLYMPIA, Oct. 2i, 1906.

OLfMPlA, Oct. n, 1906.
ED. STANDARD:
Dedr Sr: At your request, | herewith
submit my ideas against the two pro-
posed amendments to the Constitution
of the State, to be voted on at the COM
ing election.
There is nothing political in this ques-
tion, 1t being matter of fundamental
law.
1t should be remembered that exper-
ience teaches it is much easier to add
to than to take from a State Constitution.
Therefore, every voter at the coming
election should see to it that he votes for
or against each Of the proposed amend.
ments to the Constitution The result
will be agreed to by the people.
AS to the proposed amendments it is
suggested that Section 1G of Article of
the State Constitution be so amended as
to read. in addition to what is already,
provided for in said section, as follows:
"Priyate property may bo taker,
under such terms, conditions and lin
itations. as shall be prescribed by the
Legislature for drains. fumes, and
bitches for agricultural. Domestic and
sanitary purposes, and for numas
bitches, canals, reservoirs, or rights
OF way through, on or across the
lduuS VI "dterS Or property OF OtnerS
for mining. milling, manufacturing,
irrigation and numbering purposes, or
for the removal of timber or timber
products, and the appropriation and
use of property for such purposes are
hereby declared to be public uses,
even though such appropriation and
use may inure to the special benefit of
some private individual, firm, corp0r-
alton or association;
and it is noticeable, at the close of said
section originally, and as it will still ex-
list, it is provided the question of heth-
er the contemplated use be really pub
lie one shall be judicial question, with.
out regard to any legislative assertion
that the use is public, except to tie uses
ichich are herein dtcldred to BE- public: so
that if this amendment carries, the courts
are deprived of jurisdiction to inquire as
to whether the uses are contemplated by
the amendments, public ones or not,
and it simply means a question of DANA
ges and the taking of property; an ex-
tension OF the rover and right of emf
nent domain, most unusual in its charac-
ter and apparently without precedent.
In harmony with the above is it also
proposed to amend Section of Article 81
of the State Constitution, by adding
thereto these words: For removal of
timber products" thus adding to that
provision with reference to the uses of
the waters oil this State for an additional
purpose declared to be a public use
There seems to be something ensnaring
in these proposed amendments to the
Constitution. 1t should he remembered
that al priDate corporations engaged in
pubttc serrtce, already have the right to
condemn for public purposes and that
lumber and timber companies have the
right to condemn streams for their pur-
poses. but there must be judicial inquiry
as to whether the same is public use or
not, and it now seems to be proposed to
take the matter entirely away from the
courts except simply as to the question
Of damages.
Suppose that few years from now
few companies shall own practically all
the timber in the State, it will be seen
that these amendments to the Constitu-
ton will be just what they want and will
in effect give them increased power to
impose upon and injure the property of
the riparian owner. This idea was sug-
gested to the writer few days ago, by a
person largely interested in the sawmill
and logging business, but whose supply
OF timber will not last more than fifteen
or twenty years.
For one, | am opposed to both amend
ments and will vote accordingly.
Respectfully yours,
Holm X MITCTJEIV