The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-08-29
Proposed Amendment to State Constitution
srArr on WAsHINcroN.
OFFICE OF THE sEcRETARY OF STAT

OFFICE OF THE SECRETARY OF SIATE
TO WHOM IT MAY CONCERN: In obedience
to an act OF the legislature approved March 5th,
1907 entitled as follows: "An act providing for
the amendment of section Is OF articie one ~ OF
the Constitution of the state of Washington, re-
1ating to the exercise of the power Of eminent
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 lI6) Of article one ~ OF the
50 that the same shall read, and 4 is
proposed that the same shall read, wnen
so amended, as follows: Sec. IS. Private
property may be taken, under such terms, con-
sitiOns and linn tations shall be prescribed by
the legislature for drains, fumes and d1tches
for agricultural, dome cand sanitary purposes.
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 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 use alleged
to be public, the question whether the contem-
plated use be really public, shall be a judicial
mn date
gard to any Legislative assertion that the use Is
public. except as to the uses which are herein
declared to be public.
provided for the said election the words sFor
the proposed amendment to section rs of article
OF the constitution, relating to the exercise
proposed amendment to section rs of article /
Of the constitution, relating to the exercise Of
the power of eminent domain"
In testimony whereof have hereunto set INV
hand and affixed the seal of the state of WASH
nsas At Olympia s .ss l;t day e !Slg 1905
Secretary of State.
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 IS
"sec. I6 Private property shall not be taken
sity. and for drains, fumes Or ditches al s.
across the lands of others for agricultural, do
mes s q sanitary purpose No private prop
vate use without inst compensation having ben
first made, or paid into court for the owner, and
NO ri&ht-of-way shall be appropriated to the NE
III, any sSrpoaa.ion oener than municipal until
money, or aseertained and paid into the court
for the owner, irrespective Of any benefit from
any d i,mprovsment propos9d By such cespo.stion.
jury, unless jury be waived. as In other civil