The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-10-24

property may be taken under such terms, con-
,itions and linn tations shall be prescribed by
the legislature for drains, fumes and bitches
for agricultural, dome tic and sanitary purposes,
and for rights of way tor the removal of
timber or timber products, and the appropria-
tion and use OF property for such purposes are
hereby declared to be public usage even though
such appropriation and use may inure to the
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 ap-
propriate property tor other public uses. Prl-
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 ofway 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 jury, unless jury be waived, as in
other civil cases in courts of record in the mau-
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
question, and determined SUCH without re-
gard to any legislative assertion that the use is
public. except as to the uses which are herein
declared to be public.
"That there shall be printed on all ballots
provi ded 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 whereof have hereunto set my
hand and affixed the seal of the state of Wash
ington.
Done at Olympia this 1st day of July, 1908.
(SeaD SAM H. NICHOLS.
Secretary of State.
To THE VOTERS: For your information 1
herewith insert that portion of the state consti-
substituted by the above printed amendment:
ARTICLE I.-SEcr1oN Is.
"Sec. Is. Private property shall not be taken
sity, and for drains, fumes or bitches or
across the lands of others for agricultural, do
nestle or sanitary purposes. No private prop
erty shall be taken or damaged for public or pri.
yate use without just compensation having been
first made, or 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 compensation therefor be first made in
money, or ascertained and paid into the court
for the owner, irrespective of any benefit from
which compensation shall be ascertained by
jury unless jury be waived, as in other civil
cases in courts of record, In the manner pre-
scribed by law. Whenever an 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 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
may be, as to express more clearly your
SAM H. NICHOLS,
Secretary of State.