The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-09-12
Proposed Amendment to State Constitution
STATE OF WASHINGTON,
OFFICE OF THE SECRETARY OF S


TO WHOM IT MAY CONCERN: In obedience
to act OF the legislature approved March 5th,
1907, entitled follows: can act providing for
the amendment of section I6 of article one ~ OF
the Constitution of the state of Washington, re-
1ating to the exercise of the power of emine Mt
domain" there is hereby published tor the con-
sderation of the voters of the state of Washing
| ton the following proposed amendment to the
constitution of said state:
"That at the general election to be held in
this state on the Tuesday next succeeding the
first Monday in November, 1905 there shall be
| submitted to Unqualified electors of the state
for their adoption and approval an amendment
Constitution of the state of Washington
50 that the same shall read, and it is
proposed that the same shall read, when
SO amended, follows Sec. 49, Private
property may be taken, under such terms con-
,litons and 1inil tations shall be prescribed by
| the legislature for drains, fumes and bitches
for agricultural, dome tic and sanitary purposes,
and for rights of way for the removal of
timber or timber products, and the appropria-
ton and use OF property for such purposes are
hereby declared to be public usage, even though
such appropriation and use may inure to the
special benefit of some private individual firm,
corporation or association: PROVIDED, HOW
EVER, that this declaration as to public uses
shall not be construed to limit the right to ap-
propriate property for other public uses. Pri-
vate property shall not be taken for private USE
except for private ways of necessity. No pri-
vate property shall be taken or damaged for
public or private without just compensation
having been first made. paid into court for
the owner, and no right of way shall be appro-
priated to the use of any corporation other than
municipal until full compensation therefor be
court for the owner, irrespective of any benefit
from any improvement proposed by such cor
poration, which compensation shall be ascer-
tanned by a jury, unless jury be waived, as in
other civil cases in courts of record, in the
ner prescribed by law. Whenever an attempt is
made to take private property for use alleged
plated use be really public shall be judicial
question, and determined as SUCH without re-
gard to any legislative assertion that the is
public, except as to the uses which are herein
declared to be public.
THAT there shall be printed on all ballots
provid for the said election the words For
OF the constitution, relating to the exercise
OF the power OF eminent domain. Against the
proposed amendment to section IS of article
Of the constitution, relating to the exercise of
the power OF eminent domain"
In testimony whereof I have hereunto set INV
hand and affixed the seal Of the state of WASH
ington.
Done at Olympia this 1st day of July, 1908.
(Seal) SAM H. NICHOLS
Secretary of State.
To THE VOTERS: For your information I
herewith insert that portion of the state consti-
tuition, as it now exists which is proposed to be
substituted by the above printed amendment:
ARTICLE I.-SEcTIoN 49,
"Sec. rs Private property shall not be taken
for private use except for private ways of neces-
slty, and tor drains fumes or bitches on or
nestlc or sanitary purposes. No private prop
erty shall be taken or damaged for public or 3ri.
vate use without just compensation having been
hrst made, or paid into court for the owner, and
no right-ofway shall be appropriated to the use
OF any corporation other than municipal until
full compensation therefor be first made in
money, or ascertalned and paid into the court
tor the owner, irrespective of any benefit from
any Improvement proposed by such corporation,
which compensation shall be ascertained by a
jury, unless jury be waived, as in other civil
cases in courts of record, in the manner pre-
scribed by law. Whenever attempt is made
public, the question whether the Contemplated |
use be really public shall be judicial question
and determined as SUCH without regard to any
legislative assertion that the use is public"
You are hereby advised to place an tx" after
the question "For the Amendment" ETC.. or /
Against the Amendment" ETC., as the case
may be, so as to express more clearly your
Affirmative or negative vote.
SAM n. NICHOLS.
Secretary ofState. /