The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-10-17
Amendment to State Constitution
STATE OF WASHINGTON.

OFFICE OF THE SECRETARY OF STATE
TO WHOM IT MAY CONCERN: In obedience
to an act of the legislature approved March 5th.
1907, entitled as follows: can act providing for
the amendment of section Is of article one ~ of
the Constitution of the state of Washington, re
1ating to the exercise Of the power Of eminent
domain" thefe 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 in
this state on the Tuesday next succeeding the
submitted to unqualified electors >of the state
for their adoption and approval an amendment
of section sixteen TOY of article one (I)of the
SO ons that the OF same shall read and K IS
proposed that the same shall read, when
so amended, as follows: Sec IS. Private
property may be taken, under such terms, con-
ltions and linn tations as shall be prescribed by
the legislature for drains, fumes and bitches
for agricultural, dome tic and sanitary purposes,
timber tim or timber products, and the appropria-
ton and use OF property for such purposes are
hereby declared to be public usage,even though
special benefit Of some private individual firm,
corporation or association: 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-
waite 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 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
poration. which compensation shall be ascer-
tanned by a 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 use alleged
to be public, the question whether the contem-
plated use be really public, shall be a judicial
gard to any legislative assertion that the use is
public, except as to the uses which are herein
declared to be public.
provided for the said election the words For
the proposed amendment to section rs Of article
OF the constitution, relating to the exercise
proposed amendment to section rs of article
of the constitution, relating to the exercise Of
the power OF eminent domain"
In testimony whereof have hereunto set my
hand hand and Affixed the seal Of the state Of WASH
1 Done at Olympia this Ist day q 5uly, 1905
Secretary Of State.
herewith insert that portion Of the state consti-
tuition, as it now exists, which Is proposed "a Be
substituted by the above printed amendment:
ARTICLE I.-SEcr1oN rs.
"Sec. I6. Private property shall not be taken
Tor 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
nestic or sanitary purposes. No private prop
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
full compensation therefor be FIRST made ia
money, or aseertained 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 q
Jury, unless jury be waived as in other civil