The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-08-15
Proposed Amendment to State Constitution
sr.rr or WAsHrNcroN.

STATE OF WASHINGTON.
OFFICE OF THE SECRETARY OF STATE
TO WHOM IT :. AY CONCERN: lnobedience
1907. entitled as follows: "An act providing for
the amendment of section i6 OF article one III OF
the Constitution of the state of Washington, re-
domain" there is hereby published for the con-
sideration of the voters OF the state ofWash1ng-
ton the following proposed amendment to the
"That at the general election to be held in
this state on the Tuesday next succeeding the
first Monday in November, 1878, there snaii De
submitted to Unqualified electors of the state
for their adoption and approval an amendment
of section sixteen (I6) OF article one Il OF the
Constitution of the state OF Washing;on
50 that the san same shall sb sfad ,ea aso when
so amended, follows, Sec. 10. private
property may be taken, under such terms, con-
,tions and linn tations as shall be prescribed by
the legislature for drains, fumes and bitches
for agriculture, dome tic and sanitary purposes,
and for rights of way tor the removal OF
timber or timber products, and the appfopIla-
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,
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 tor other public uses. Pri-
vate property shall not be taken for private use,
except for private ways of necessity No pr1-
vate property shall be taken or damaged Tor
public or private use without just compensation
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
municipal until full compensation therefor be
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 jury be waived, as In
other civil cases in courts of record in the mall
ner prescribed by law. Whenever an attempt is
made to take private property for use alleged
1ath nrf
plated use be really public shall be 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
provided for the said election the words For
the proposed amendment to section I6 of article
1 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 wter eof have hereunto set my
hand and affixed the seal of the state of Wash
ington.
Done at Olympia this 1st day of July, 1898. y
(Seal) SAM H. NICHOLS.
Secretary of State.
To THE VOTERS: For your information /
tuition, as it exists, which is proposed to be
substituted by the above printed amendment:
ARTICLE I.-SECTION I6.
"Sec. I6. 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
waite use without just compensation having been
first made, or paid into court for the owner and
right-ofway 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
any improvement proposed by such corporation,
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 a use alleged to be
public, the question whether the contemplated
use be really public shall be a judicial question
and determined as such without regard to any
legislative assertion that the is pub1icr
You -are-hereby advised to place an "X" after
the question "For the Amendment" etc. or
against the Amendment" ETC., as the case
may be, as to express more clearly your
affirmative or negative vote.
SAM H. NICHOLS,
Secretary of State.