The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-08-08
Proposed Amendment to State Constitutions
srArr on UNSATISFACTORY

| STATE OF WASHINGTON,
OFFICE OF THE sEcKEIARY OF STATE
to an act OF the legislature approved March 5tn,
1oo7. entitled as follows: IAN act providing for
the amendment dissection IS ofarticie one ~ OF
| lating to,the exercise OF the Eower o. eminent
domain" there is hereby published tor the con-
sideration OF the voters OF the state OF Washing
constitution of said state:
"That at the general election to be held in
this state on the Tuesday next succeeding the
first Monday in November, 1913, there shall be
submitted to Unqualified electors of the state
for their adoption and approval an amendment
CONSTITUTION Of the state OF Washington
so that the same shall read, and It is
proposed that the same shall read, when
so amended, as follows: Sec. IS. Private
property may be taken, under such terms COM
sitions aud linn 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 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 firm,
corporation association PROVIDED, HOW
EVER, that this declaration as to public uses
propriate property for other public uses. Pri-
vate property shall not be taken for private use,
except for private ways of necessity. No pri-
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
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 man
ner prescribed by law. Whenever an attempt is
made to take private property for 3 use alleged
to be public the question whether the contem.
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.
s"That there shall be printed on all ballots
provided for the said election the words For
the proposed amendment to section I6 of article
of the power of eminent domain Against the
proposed amendment to section rs of article /
of the constitution relating to the exercise of
the power of eminent domain"
In testimony wher eof have hereunto set my
hand and affixed the seal of the state of Wash
ington.s
Done at Olympia this 1st day Of July, 1908.
(SeaD SAM III. 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 1.-sEcT1oN 16.
"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
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, 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 a
jury, unless jury be waived, as i'll other civil
cases i'll 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 c,ntemplated
use be really public shall be judicial question
and determined such without regard to any
legislative assertion that the is public"
You are hereby advised to place Ak" after
the question "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.