Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-25
AMENDMENT NUMBER ONE.

SECTION l. Al property in the State, except
railroads, not exempt under the laws of the
United States, shall be taxed in proportion to its
value, to. be ascertained as PROVIDED by law;
The word property, as used in this article and
section, is hereby declared to include moneys,
credits, bonds, stocks, dues, franchises and all
other matters and things, real, personal and
mixed, capable of private ownership; Prorided,
that growing crops, property used exclusively
for public schools, and such as may belong TO
the United States, this State, or any county or
municipal corporation within this State, shall
be exempt from taxation. Growing vines and
fruit trees shall be deemed to be and shall be
assessed and taxed as a part OF the realty; and,
prouided further, that railroads shall be taxed as
provided in Section Ten of this article; and,
provided further, that the Legislature may pro-
vide for the exemption from taxation of ships
and vessels owned and registered or enrolled in
this State, or may tax such ships and vessels on
their gross or net earnings, IN lieu of an ad val
orem tax. The Legislature may also provide,
EXCEPT in case of credits secured by mortgage
or trust deed, for a deduction from credits of
debts due to bona hde resident OF this state.
Double taxation in any form is prohibited.
SEC. s. The Legislature shall. by law, require
each taxpayer in this state To make and denver
to the County Assessor, annually. a statement
under oath, setting forth specifically all prop
erty, real and personal exc pit railroad property,
as defined in Section Ten of this article, owned
by such taxpayer, OF in his possession or under
his control, at twelve O'Clock meridian on the
first Monday in March.
SEC. 10. All property, except railroad prop
erty, as hereinafter provided, shall be assessed
in The county, city, city and county, town, town.
ship, or district in which it is situated, in the
manner provided by law. Every corporation
and person owning or operating a railroad, or
any portion thereof, in this State. shall, on or
before the first day Of July OF each year, pay TO
the State Treasurer an annual tax OF two and
a half per cent upon the gross earnings, earned
within this State, of such railroad, for the year
opJiun urRO fha tbirrv-ffrSt dHv of December
next preceding, which tax shall be in lieu OF
ell other State and county taxes upon the iran
cbise, business, right of way, roadway, roadbed,
rails, rolling stock, fences, stations and their
a-ppurtenances, and upon f~erFyboats, when OPP
Grated as q part of such railroad, and upon the
shares of the carital stock, and upon the mort
cages, deeds of trust, contracts or other obliga-
ton by which a debt is secured upon such prop
erty. All other property belonging TO such cor
poTation or person shall be assessed and taxed
as other property is assessed and taxed The
gross annual earnings earned during the year
ending on the thirty-first day OF December last
preceding, of all railroads, shall be, annually,
before the first day of May thereafter, ascertained
and declared by the State Board OF Equalization,
under such rules and regulations as may be pre-
scribed by said Board; pr0rided. however, that
the Legislature may at any time pass laws pre-
scribing said rules and regulations. In all cases
where railroads are situated partly within TINS
nual earnings thereof shall be ascertalned end
determined by taking:
First The gross earnings which, during the
year last preceding, have been earned wholly
within this State.
Secoad-The gross earnings which, during the
same year, have been earned partly within this
State and partly without this state, which shall
be ascertained by appoItioning such earnings
between this State and other States or Terrific
ries, in the proportion which the number Of
miles of such railroad situated In this state, and
used in making such earnings, bears 20 ne
whole number of miles thereof. by the use of
which such earnings have been made. The pro-
portion of interstate earnings thus aseertained
shall be added to the earnings made wholly
within the State, and the total thus obtained
shall be taken and deemed to be the gross earn
ings of such railroads for all purposes OF assess
ment and taxation. For every purpose or TINS
section. except for the purpose of ascertaining
the proportion of interstate earnings to be added
to the earnings made wholly within this State,
all railroads operated as one system shall be
treated as one road. One-third of the tax paid
By corporations or persons owning or opera.ing
railroads under the provisions OF this section
shall become part of the General Fund OF TINS
State, and two thir Is thereof shall be paid 70
the county or counties in which said railroad j.
situated, In proportion to the length OF the rail-
road orerated In the several counties. FOR the
purposes of this section a consolidated city and
county shall be treated as 3 county. ANY cOrpO
ration. aszociaf ion, partnership, .person OF per
sons, unlawfully failing OF refusing to pay the
tax herein provided. when the same snall pe.
come due. or within thirty days thereafter. shall
be deemed to have waived their right 70 operate
their railroads within this State. The taxes
herein provided for, together with such penalties
as the / legislature may impose for the non pay
| ment thereof, shall be a lien upon the properly
| hereinbefore in this section designated, and may
be enforced in such manner as the Legislature
may by law prescribe. All railroads., so ier as
the same are situated within the boundaries OF
| any common school district. shall be subject 70
| an ad valorem tax for school purposes voted by
the electors of the district, at a special election
held for that purpose, the same as otner prop
| ertv situated within the district, anything in
| this article to the contrary Notwithstanding.
And all railroads, as far as they are situated
| within the boundaries of any Incorporated city
| or town. shall be subject to an al valorem tax
for municipal purposes the same as other prop
| erty situated theRfii, anything IN this article 10
| the contrary notwithstanding.
| SEC. II. Income taxes may be assessed ano
| collected frcn persons. corporations, joint stock
| associations or companies, resident or doing
| business in this State, or any one or more o.
| them. in such cases and amounts and In such
banner as shall be prescribed by law. 10 CouE
| within this State shall have powe-. by IDlunc
| ton or otherwise, to interfere with, hinder Of
delay the collection o. any tax laif rnder I'M
form of law, except uron q showL tEat t1s
same properly has been taxed more than once
for the same purpose ia the same year, and thei
| only upon payment 10 the Tax tuieesorl orme'
Court. of q sum equal 10 the alnonnt o. org =
Che taxes SC laid upon the properly que1