The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-10-10
Amendment to State Constitution
STATE OF WASHINGTON,
0rr1cr or TILE SEcRErARY or STAT


TO WHOM IT MAY CONCERN: In obedience
to an act OF the legislature approved March 5th.
1907, entitled as follows Gan act providing for
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
first Monday in November, 1898, there shall be
submitted to Unqualified electors of the state
for their adoption and approva! an amendment
Constitution Of the state OF Washington
so that the same shall read, and It is
proposed that the same shall read, when
so amended, as follows: Sec. IS. Private
property may be taken, under such terms con-
ditions and limi tations shall be prescribed by
the legislature for drains, fumes and bitches
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
such appropriation and use may inure to the
special benefit of some private individual hrm,
corporation association: PROVIDED, How
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 without just compensation
having been first made, paid into court for
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 be really public, shall be a judicial
question, and determined as such, without re-
gard to any Legislative assertion that the use is
public, except as to the uses which are herein
"That there shall be printed on all ballots
provided for the said election the words For
the proposed amendment to section Is of article
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 wher eof have hereunto set my
hand and affixed the seal of the state of Wash
ington.
Done at Olympia this 1st day of July, 1905
(Seal) SAM H. NICHOLS.
Secretary of State.
To THE VOTERS: For your information
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 1.-SEcr1oN Is.
''sec. Is. Private property shall not be taken
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
mestic or sanitary purposes. No private prop
erty shall be taken or damaged for public or pri.
vate use without just compensation having been
first 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 ascertained and paid into the court
for the owner, irrespective of any benefit from
any Improvement proposed by such corporation,
which compensation shall be ascertained by
jury, unless jury be waived, as in other civil
in Orfc r,f Int =,
scribed by law. Whenever an attempt is made
to take private property for alleged to be
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 tXh after
the question stFor 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 II. NICHOLS,
Secretary of State