The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-09-05
Proposed Amendment to State Constitution
STATE OF WASHINGTON,


TO WHOM IT MAY CONCERN: In obedience
to an act of the legislature approved March sth,
1907, entitled as 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 eminent
domain" there is hereby published for the con-
siderationsof 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
first Monday in November, 1878, there shall be
submitted to Unqualified electors OF the state
for their adoption and approval an amendment
Constitution of the state OF Washington
so that the same shall read, and It IL
proposed that the same shall read. when
SO amended, as follows: Sec. 10. Private
property may be taken, under such terms, con-
iitions and linn tations shall be prescribed by
the legislature for drains, fumes ana 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 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. Pr-
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
priated to the use Of any corporation other than
municipal until full compensation therefor be
first made IN money or ascert:ined and paid into
poration. which compensation shall Be ascer-
tanned by jury unless jury be waived, a. in
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 Z judicial
question, and determined as such. without re-
gard to any legislative assertion that the use Il
public. except Is e the uses which are herein
"That there shall be printed on ali beilots
provided for the said election the words tFor
the proposed amendment to section rs Of article
Of the constitution, relating to the exercise
OF the power of eminent domain Against the
proposed amendment to section rs Of article
q o. the constitution re,atinf TO the exercise Of
In testimony whereof have hereunto set my
hand and affixed the seal Of the state Of WASH
SssS = o'-p. s a: i; ~ szs 4 ss.g
Secretary Of State.
TO THE VOTERS For your information I
herewith insert that portion Of the state consti-
tuition, = 4 now exists. which = proposed 70 BE
substituted by the above printed amendment:
ARTICLE I.-SEcr1oN I6
sssec. rs Private property shall mot IL t.rken
for private use except for private ways Of neces-
eity, and for drains, fumes Of difches 81 or
acro. the lands Of others for agricultural, do
erty shall Sc taken cr dsmaxed sSr prbiie y 81
r x aae without Just compensatioa having been
nrst made. or paid into court for the owner. and
q any corporstion OTHER thsn munieipsi, II us;sii
fuu compensation therefor be 6r6t made N
money, Of ascertained and paid Into The court
any improvement proposed ~ sacA coepoeaticn,
which compensation shall be asceftaiued 81 :
jsry. 1 =, Jury e waived. Z: 4 ether caviI