The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-10-03
Proposed Amendment to State Constitution
STATE OF WASHINGTON,

OFFICE SECRETARY OF STATE
TO WHOM IT MAY CONCERN: In obedience
to an act OF the legislature approved March 5th,
1907, entitled follows: can act providing for
the amendment of section Is of article one ~ of
the Constitution of the state of Washington, re-
1ating to the exercise of the power of emine ut
domain" there is hereby published for the con-
sideration 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
submitted to Unqualified electors of the state
for their adoption and approval an amendment
of section sixteen I6) of article one ~ of the
SO that the same shall read, and It is
proposed that the same shall read. when
so amended, follows: Sec. IS. Private
ditions and 1imI 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
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 APP
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 use without just compensation
having been first made. or 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
first made in money or ascertained and paid into
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 man.
ner prescribed by law. Whenever an attempt is
made to take private property for a use alleged
to be public. the question whether the contem-
plated use be really public, shall be judicial
MI SSaf2o 1NvSt
gard to any legislative assertion that the use is
public, except as to the uses which are herein
declared cleared t to be pub public {. - ,.
provided for the said election the words For
the proposed amendment to section Is OF article
OF the constitution, relating to the exercise
proposed amendment to section IS of article
Of the constitution, relating to the exercise of
the power of eminent domain"
In testimony whereof have 1ereunto set my
ington.
(Seal) SAM H. NICHOLS.
Secretary of State.
To THE VOTERS: For your information
herewith insert that portion Of the state cousti-
tuition, as it now exists, which Is proposed to be
substituted by the above printed amendment:
ARTICLE I.-sEcrIoN Is.
for private use except for private ways of neces-
sity, and for drains, fumes or bitches on or
across the lands of others for agricultural, do
erty shall be taken or damaged for public or pr.
vate use without just compensation having been
hrst made, or paid into court for the owner, and
OF any corporation other than municipal, until
full compensation therefor be first made In
money, or aseertained and paid into the court
any Improvement proposed by such corporation,
which compensation shall be ascertained by q
jury, unless jury be waived, as in other civil
- nEN 49,
scribed by law. Whenever an attempt is made
to take private property for ause alleged to be
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 Fl. NICHOLS,
Secretary of State.