The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-08-01
Amendment to State Constitution
STARE OF WASHINGTON,


OFFICE OF THE SECRETARY OF STATE 3
TO WHOM 1T LAY CONCERN: In obedience
to an nc. OF the legislature approved March 5tn,
the endment of section Is of article one IN OF
the Constitution of the state of Washington, re-
lating 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 amendm emit to the
constitution of saio state:
this state on the Tuesday next succeeding the
first Monday in November, 1878, there shall be
submitted to Unqualified electors of the state
of section sixteen (I6l OF article one e. OF the
Constitution of the state OF Washington
so that the same shall read. and Il IS
proposed that the same shall read, when
SO amended, as follows: Sec. 10. Private
property may be taken, under such terms, con-
ditions 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 for the removal OF
timber or timber products, and the appropria-
ton 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 nrm,
EVER, that this declaration as to public uses
shall not be construed to limit the right to APP
pIopr,ate properly isr other pu9ac uses , rI
except for private ways of necessity. No pri-
vate property shall be taken or damaged Tor
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
first made in money or ascertained and paid into
court for the owner, irrespective OF any beneht
from any improvement proposed by such cor
poration, which compensation shall be ascer
tanned by jury, unless a jury be waived, as in
other civil cases in courts of record, in the man.
ner prescribed by law. Whenever an attempt is
to be public, the question whether the contem-
plated use 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
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 16 of article
I 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
Done at Olympia this rst day of July, 1905
tSea1) 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 I.-SEcTIoN I6.
"Sec. Is. Private property shall not be taken
for private use, except for private ways of neces
S1ty, ana Tor drains, humeS 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.
yate use without just compensation having bee n
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 asoertained 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 a jury be waived, as in other civil
cases in courts of record, in the manner pre-
scribed by law. WEeaover 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 ''X'' after
the question "For the Amendment" etc., or
Against the Amendment" ETC., as the case
may be, SO as to express clearly your
affirmative or negative vote.
SAM H. NICHOLS,
Secretary of State