Condemnation, Credit, and Corporations in Washington: 100 Years of Judicial Decisions—Have the Framers' Views Been Followed?
As part of the commemoration of Washington's centennial, this Article will examine three parts of the Washington Constitution written and adopted in 1889: article I, section 16,2 the taking clause; article VIII, section 7,3 the municipal credit clause; and article XII, sections 1-22,4 the Corporations Article. This Article will attempt to identify and explain the fundamental premises behind each of the three parts by considering the constitutional text, the specific intent of the framers where discoverable, the climate of the times in the territory and nation in 1889, and the judicial gloss from early case law. Additionally, given these considerations, this Article will explore how faithfully the decisions of the Washington Supreme Court have applied the framers' premises.
Justice James M. Dolliver, Condemnation, Credit, and Corporations in Washington: 100 Years of Judicial Decisions—Have the Framers' Views Been Followed?, 12 SEATTLE U. L. REV. 163 (1989).