The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1908-10-09
STATE OF WASHINGTON


the Legislature approved March S, 1907 entitled fol-
lows can act providing for the amendment of section
16 of article D of the constitution of the State of
Washington, relating to the exercise of the power OF
eminent domain" there is hereby published for the
consideration of the voters of the State of Washington
the following proposed amendment to the constitution
Of said state
"Tha at the general election to be held in this state
the Tuesday next succeeding the first Monday in
November 1905 there shall be submitted the quail
fed electors of this for their adoption and approx
al amendment of section sixteen (I6) of article
( of the constitution Of the State Of Washington
that the shall read and it is proposed that the
same shall read, when so amended, as follows Sec
ton 16 Private property may be taken, under such
terms conditions and limitations as shall be prescribed
by the Legislature for drans fumes and bitches for
agricultural, domestic and sanitary purposes, and for
rights of way for the removal of timber or timber
products and the appropriation and of property for
purposes hereby declared to be public usage
though such appropriation and use may nnure
to the special benefit OF such private individually hrn,
corporation association: Provided, however, that
this declaration as to public shall not be construed
to limit the right to appropriate property for other
public Private property shall not be taken for
private use, except for private ways of necessity No
private property shall be taken 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 appropriated to the use of any
corporation other than municipal until full compensa
paid into court for the irrespective of any bene
fit from any improvement proposed by such corpora
ton, which compensation shall be ascertalned by
Jury unless Jury be waived i'll other civil cases in
courts of record in the manner prescribed by law.
Whenever attempt is made to take private property
for use alleged to be public the question whether
the contemplated be really public shall be judicial
question, and determined such, without regard to
any legislative assertion that the public except
as to the which herein declared to be public.
"That there shall be printed all ballots provided
for the said election the words tor the proposed
amendment to section 10 OF article OF the constitution
relating the exercise of the power OF eminent do
main Against the proposed amendment to section
IS of article Of the constitution relating to the exer-
else of the power of eminent domain ~
Tn testimony whereof have hereurto set my hand
and affixed the seal of the State of Washington.
Done at Olympia this first day of Jnly 1908.
IsEA11 SAM. H. NICHOLS
Secretary of State
To the voters For your information herewith in
sert that portion of the state constitution as 1t now ex-
lists which is proposed to be substituted by the above
printed amendments
ARTICLE I-SECTION 10
..Section 1o Private property shall not be taken
for private USE except for private ways OF necessity and
for dains fumes bitches OH or across the lands OF
others for agricultural, domestic or sanitary purposes
No private property shall be taken or damaged tor
public or private use without just compensation having
been first made paid into court tor the owner and
no rghtofway shall be appropriated to the use OF any
corporation other than MUNICIPAL, until fu conpelsa-
ton therefore be first made in money! ascertaned
and paid into the court for the owner irrespective OF
anv benefit from any improvement proposed by such
corporaton which compensation shall be ascertaned
by jury, unless jury be waived as in other civil
cases in courts of record in the prescribed by
law. Whenever attempt is made to take private
property for use alleged to be public the question
whether the contemplated use be really public shall be
judicial question: and determined as such without re-
card to any legislative assertion that the use is pub
lic"
You are hereby advised to place an *" after the
question 'for the amendment" etc. or against the
amendment etc., the may be SO as to express
more clearly YOUR affirmative negative vote
SAM. H. NICHOLS
Secretary of State
,-r11D1 1~nNC ARE way they def