The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-09-19
Proposed Amendment to State Constitution
STATE OF WASHINGTON

OFFICE THE SECRETARY OF STATE
TO WHOM IT MAY CONCERN: In obedience
to an act OF the legislature approved March 5th,
1907 entitled follows: can act providing for
the amendment of section Is of article one (I 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-
sideration of 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 III
this state on the Tuesday next succeeding the
first Monday in November 1905 there shall be
submitted to Unqualified electors OF the state
for their adoption and approval an amendment
of section sixteen lI6) OF article one ~ OF the
Constitution Of the state OF Washington
so that the shall read and 1t IS
proposed that the same shall read, when
so amended. AS follows; Sec TO- Private
property may be taken, under such terms con-
uitionS and 1imi tationS shall be prescribed by
the legislature for drains, fumes and bitches
for agriculture, dome tic and sanitary purposes,
and for rights of way for the removal OF
timber 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 firm,
corporation associations: PROVIDED, HOW
EVER, that this declaration as to public uses
shall not be construed to limit the right to ap-
propriate property for other public uses. Pri-
vate property shall not be taken for private use,
except for private ways Of necessity No pri-
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 benefit
from any improvement proposed by such cor
poration, which compensation shall be ascer-
tanned by jury, unless jury be waived, in
other civil cases in courts of record, in the
ner prescribed by law Whenever 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 judicial
md 1od vrySf1
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 for the said election the words For
the proposed amendment to section 16 of article
Of the constitution, relating to the exercise
OF the power OF eminent domain Against the
proposed amendment to section Is of article I
of the constitution, relating to the exercise of
the power OF eminent domain"
In testimony wher eof have hereunto set my
ington
Done at Olympia this rst day Of July, 1905
(SeaD SAM H. NICHOLS
Secretary of State
herewith insert that portion Of the state consti-
tuition, as 1t now exists, which is proposed to be
substituted by the above printed amendment:
ARTICLE I.-SEcTIoN IS.
"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.
vate use without just compensation having been
hrst 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 soertained 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 alleged to be
public the question whether the contemplated
use be really public shall be judicial question
and determined as such without regard to any
legislative assertion that the use is public"
You are hereby advised to place an TX" after
the question s'For the Amendment" ETC.. or
Against the Amendment" etc., as the case
may be, so as to express more clearly your
affirmative or negative vote.
SAM H. NICHOLS,
Secretary of State.