The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1908-08-14
STATE OF WASHINGTON
Office of the Secretary of State


Office of the Secretary of State
To whom it may concern: In obedience to an act of
the legislature approved March 1907 entitled fol-
lows "An act providing for the amendment of section
IS of article O of the constitution of the State of
Washington, relating to the exercise of the power of
eminent domain" there is hereby published for the
consideration of the voters of the State of Washington
the following proposed amendment to the constitution
of said state.
"rhat at the general election to be held in this state
On the Tuesday next succeeding the first Monday in
November 1908 there shall be submitted to the quail
fed electors of this state for their adoption and approx
al amendment of section sixteen (Io) of article
) of the constitution of the State of Washington
that the same shall read and it is proposed that the
shall read when amended as follows: Sec
ton TO- Private property may be taken, under such
terms, conditions and limitations shall be prescribed
by the Legislature tor drains, fumes and bitches tor
agricultural domestic and sanitary purposes and for
rights of way for the removal of timber or timber
products and the appropriation and of property for
purposes are hereby declared to be public usage
even though such appropriation and use may innure
to the special benefit of such private individual hrm
corporation associations: Provided, however, that
this declaration public shall not be construed
to limit the right to appropriate property for other
public Private property shall not be taken for
private use except for private ways of necessity No
private property shall be taken damaged for public
private without just compensation having been
first made paid into court for the owner, and no
right of way shall be appropriated to the of any
corporation other than municipal until full compensa
ton therefor be first made IN money ascertaned and
paid into court for the irrespective of any bene
fit from any improvement proposed by such corpora
ton, which compensation shall be ascertained by a
jury unless jury be waived in other civil cases in
courts of record in the manner prescribed by law.
Whenever attempt is made to take private property
for use alleged to be pubic, the question whether
the contemplated be really public shall be judicial
question, and determined such, without regard to
any Legislative assertion that the is public except
as to the which herein declared to be public.
10 oil hill ;1oJ
for the said election the words for the proposed
amendment to section IS Of article of the constitution
relating the exercise of the power of eminent do
main Against the proposed amendment to section
16 of article of the constitution relating to the
else of the power Of eminent domain ,"
In testimony whereof have hereurto set my hand
and affixed the seal of the State of Washington.
Done at Olympia this first day of Jnly 1908.
seal SAM. H. NICHOLS
Secretary of State
To the voters: For your information, l herewith in
sert that portion of the state constitution it
sts which is proposed BE- substituted by the above
printed amendment:
ARTICLE l-SEcT1oN IS
Section IS. Private property shall not be taken
for private except for private ways of necessity and
for drains, fumes bitches the lands of
others for agricultural domestic sanitary purposes
No private property shall be taken or damaged for
public private without just compensation having
been first made paid into court for the owner and
rght-ofway shall be appropriated to the of any
corporation other than municipal until full compensa
ton therefore be first made in money, ascertaned
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 in other civil
cases in of record in the prescribed by
law Whenever attempt is made to take private
property for alleged to be public the question
whether the contemplated be really public shall be
judicial question, and determined such without re-
gard any Legislative assertion that the use is pub
lic"
You hereby advised to place TX" after the
question for the amendment" ETC., against the
amendment" etc., as the may be to express
more clearly your affirmative negative vote.
SAM. H. NICHOLS
Secretary of State
Preference United States senator erk-J. Miches
George F.. Cotteril Tacoma NJ. Auditor-E D. Mathews