Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-02
THE LEGISLATURE.
SENATE.

Lynch introduced Senate Bill No. TO prevent
discrimination in fares and freights BY railroad COM
psnies their servants This bill is an exact copy
Of Leverson'S Assembly Bill No l2l
Kellogg moved to adjourn. Lost
The Committee on Contingent Expenses reported
fsvorably Assembly Bill NJ. Z, appropriating S47-
SEQ to defray the expenses of the extra session
On motion OF Maddox, the bill was considered to
be Of emergency and placed on its passage. The
roll called, and the bill failed to pass by vote
Is ayes to l6 noes.
Spencer of Napl introduced Senate Bill No S
An Act to prescribe the methods Of taxation OF the
property of railroad corporations 1t reads as fol-
lows:
Section l. The franchise roadway, roadbed, rails
and rolling stock of al roads operating in more
than county in this State shall be valued and as
sessed by the State Board OF Equalization herein
after provided.
Secton 2. On or before the first Monday in Nav
of each year, the state ard Of Equalization shall
assess as q unit the franchise, roadway roadbed
rails and rolling stock of railroads operated in more
than one county. The President, Secretary Cashier
and Managing Agent, OF such other oficsr a the
State Board OF Equalization may designate Of any
corporation operating any railway in than oue
county in this State, and any person operatng such
a railway when 1t is owned by natural person,
shall furnish i'd Board on or before the first Mon
day of April of each year, statement signed and
swoIn To by one OF such otceTs or by such person,
showing in detail for the year ending on the first
Monday in March in such year the whole nHmber Of
miles OF railway owned, operated or leased in
the State by such corporation or person making the
return, and the value thereof peTimile, with de-
tailed statement Of all property of every kind To-
Gated in the State used in connection with such
railway Also detailed statement of the number
and valae thereof of engines, passenger, mail eN-
pres, baggage, freight and other property
used IN operating or repairing such railway in this
State, and railways which parts Of lines eN-
tending beyond the limits of this State The re-
turn shall show the actual amount Of rolling stock
in on the corporations !ine in the State during
the year for which the return is made. The return
shall chow the amount OF rolling stock, the annual
gross earnings of the entire railway, whether the
same be wholly or only partly within the State, and
the prOpOrtiOnate annual gross earnings of the
in the State nearly practicable, and all the
property designated hereinafter in this section The
return shall further show whether said railway is
covered in whole or in part with any mortgage,
deed Of trust, contract for the security OF money
and the amount of the debt thereby secured, and
the amount and number OF bonds or other evidences
Of indebtedness issued issuable under the pro-
visions Of the same and such other facts as the
State Board OF Equallz tion may in writing require
If such officer, or Cicers or person designated,
shall fail to make and furnish such statement slid
Board of Equalization shall fix the value Of and pro
coed to assess the property Of the corporation or
persons so falling The valuation fixed by them shall
be final and conclusive. The said prop
erty sDall be assessed at its actual value. Assess
ments shall be made upon the entire railway within
the State and shall include the franchise, right Of
way roadway, roadbed track, bridges, culverts and
rolling stock. The detots station grounds, shops,
=
Assessor of the county where situated as other
property. On or before the first Monday in June
in said year. said Board shall transmit to the County
Assessor Of each county through which any railway
operated in more than county may run, a state
ment showing the length Of the main track or
tracks OF such railway within the county, together
with statement Of the length, terminal points aud
general course of the whole Of said tracks within
the county, including tine right OF way where the
track is not actually laid and the assessed value per
mile fixed by a pro rata distribution per mile Of
the assessed value Of the whole franchise, roadway
roadbed rails and rolling stock Of such railway
within this State. Said statement shall be entered
on the assessment roll OF the county and shall con.
stitute the assessment Of such railway for the
county. AT the first meeting Of the Board Of Su-
peryisor5 after such atement is received by the
County Assessor they shall make and cause TO be
entered on the proper record book order stating
and declaring the length OF the main track
the assessed value OF such railway lying in the city
and county, town. township, school district or Lesser
taxing district in the county through which such
railway runs, as fixed by the state Board of Equal
zation which shall constitute the taxable value of
said property for taxable purposes in such city,
city and county, town, township, school,
road or other district and the Clerk Of
the Board Of Supervisors shall transmit a
copy of each order or equalization to the City
Council Trustees, or other legislative body of in
corporated cities and counties, towns the Trus-
tees Of each school district, and the authorized
authorities Of other taxation districts through which
the railway runs The taxes on said property for
State and county purposes, after collection by the
County Collector, shall be paid over to the County
Treasurer other taxes. al such railway property
shall be taxable upon said assessment at the same
rates. by the officers and for the same pur-
poses as the property OF individuals within such
counties etc Immediately after SAID assessment is
made by the Board of Equalization, the same shall
give public notice of the fact by publication for Eve
consecutive days in daily newspaper of their own
designation published at the State capital. Any
person dissatisfied with such assessment made by
sIid Board OF Equalization may, within five days
after such notice, by written petition, apply
to said Board to have the same cor.
racted in any particular, and to have the
valuation either raised lowered. Said petition
must state the GROUNDS OF objection te such assess
ment and must be filed with the Clerk OF the Board
The Board must fix time for hearing said petition,
which must not be less than five nor more than ten
days from the time the same is filed, and must,
upon such hearing, receive such proofs as may be
offered by the petitioner, or by the Attorney Cen
era, OF any other person appearing against such
petition, aud such other proofs as in the judgment
OF the Board bear upoh the question at issue. BY
order Of the Board, or upon the demand
of the petitioner the proofs shall be reduced to
writing by Photographic reporter. Ii the ard
do order the proofs to be reduced 10 writing by
such reporter, but the same is done upon the de-
mand OF the petit Oner, the petitioner must pay the
expenses thereof After hearing such proofs, the
Board shall within ten DAYS, determine in writing
upon the matters involved i'll the petition and
proofs, giving in sid determination the grounds
and reasons therefor, and may alter in conformity
with such determination the assessment complained
of. The determination OF the Board shall be fixed
and conclusive.
Section 8 For purposes of determining the value
OF the franchise roadway, roadbed rails and rolling
stock of railroad situate entirely within this State
and incum bered with mortgage, deed Of trust,
money, and having capital stock, the State Board
of Equalization, Assessor, the case may be-
shall first ascertain the value of such security,
which value, in case negotiable bonds payable To
q
shall be conclusvely presumed to be the aggregate
Of the par value of the bonds issued or issuable
The Board. or Assessor shall add to the value thus
ascertancd the market or fair cash value OF the
capital stock OF said railroad from the aggregate
amount the Board, or Assessor, shall deduct the
assessed value of all the other property in tis
State Of the corporation owning sad road The re-
suit will the value of the franchise, roadway, road
bed and rolling stock of said road for the purposes
of taxation.
Section 4. For the purpose of ascertainng the
value Of railroad situate only in part of this State
where said railroad is incumbered with mortgage,
deed OF trust contract other obligation for the
payment of money, and has & capital stock, the
State Board of Equalization, Assessor, the
may be, shall pursue the in Section
- Of this Article indicated; except that, from the
aggregate Of the value Of the security and capital
stock there shall be deducted the value of all the
other property OF the corporation ownr said roads
The assessable value of such road within this State
shall be in the proportion that the number of miles
within the State bears to the whole length Of the
road
Section s. All Acts in conflict herewith are
hereby repealed except to rights already secured
or proceedings .aken under the same
Section o. This Act shall 90 into effect imme-
diately.
Referred to Committee on Revenue and Taxation.
Spencer OF Napa introduced bill to amend Sec
ton 10 Of Article Kill Of the Constitution so as to
provide that all property, except in this COnstitu
tion otherwise provided, shall be assessed in the
manner prescribed by law. Railroad franchises road
ways etc, extending beyond the limits OF the state
to be assessed by the Board Of Equalization at act.
ual value far they lie within this State 10 Sc
properly apportoned 10 districts; machinery tools
etc. to be treated part of rolling stock for pur
poses of tIXaton roads to be taxed as part of road
bed. The franchise, roadway, roadbed rails roll.
ing stock and telegraph line TO be valued and as
stssed together as a ulit, and not separately The
bill provides that for purposes of assessment the
value OF franchise, roadway, roadbed rails and
rolling stOck OF railroad COMPANY and telepraph
line connected Herewith, " shall conclusiyeIy he
taken to be sum of money which, at eight per
cent. per annum, would produce the yearly rental
thereof, in case the same is rented, or, when not
rented, would produce the yearly net earnings
gross receipts less the running expenses" In case
railroad lies in part only in this State the State
Board OF Equalization shall value and assess the
part OF said road lying within this State in the pro
portion that its length within this State bears to the
length of the whole road.
Referred to Committee on Constitutional Amend.
ments.
Whitney introduced ill to amend Section 10 OF
Article Mi. of the Constitution, providing that
railroad franchises shall be separately listed and as
sessed and that the Legislature nav in lien OF n
property tax on franchises impose an income tax
thereon-a property tax not to be imposed during
the continuance Of such income tax
nj iutr