Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-10-20
AMENDMENT NUMBER ONE.

SECTION 1. All 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 bones, SOCKS, cues, franchises and all
ether matters and things, real, personal and
mixed, capable OF private ownership; provided,
that growing crops, properly 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 De
assessed and taxed as part of the realty; and,
prOrideS further, that railroads shall be taxed as
provided in Section Ten of this article; and,
pr0Uided further, that the Legislature may pro-
vide for the exemption from taxation of ships
and vessels owned and registered or enrolled III
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 deduction from credits of
debts due to bona fde residents of this state.
Double taxation in any form is prohibited.
SEC s. The Legislature shall, by lsw, require
each taxpayer in this State TO make and deliver
TO the County Assessor, annually, statement
under oath, setting forth specifically all prop
erty, real and personal except railroad property
as defined in Section Ten of this article, owned
Dy such taxpayer, or in his possession or under
his control, at twelve o'clock meridian on the
nrst MONDAY III Marcn.
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 railroad, or
any portion thereof, in this State, shall, on or
before the first day of July of each year, pay 10
the State Treasurer an annual tax OF two and
q half per cent upon the gross earnings, earned
int 1ig nf sItah railroad tbs
ending upon the thirty-first day of December
next preceding, which tax shall be in lieu OF
all other State and county taxes upon the fran
chise. business, right OF way, roadway, rOadbed,
rails. rolling stock fences, stations and their
appJirtenances, and upon ferryboats when OPP
Grated as a part of such railroad, and upon the
shares of the capital stock, and upon the mort
cages, deeds of trust, contracts or other obIiga
ton by which debt is secured upon such prop
erty. All other property belonging 10 such cor
poratiOn 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, snail 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 PIE
scribed by said Board; provided however, that
the Legislature may at any time pass laws pre-
seribing said rules and regulations In all cases
where railroads are situated partly within this
State aud partly without this State, the gross an
nual earnings thereof shall be aGcertained and
determined by taking:
First The gross earnings which, during the
year last preceding, have been earned wholly
within this State
Second-The gross earnings which, during the
same year, have been canned partly within this
State aud partly without this state, which shall
be ascertained by apportiCning 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 to he
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 10 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 asses
ment and taxation. For every purpose OF this
section, except for the purpose Of escerteining
the proportion of interstate earnings n be adoed
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 operating
railroads under the provisions OF this section
shall become part OF the General FUND oil this
State, and two thir1 thereof shall be pald 10
the county or counties in which said railroad is
situated, in proportion TO the length of the rail
TOdd operated in the several counties. For the
purposes of this section consolidated city and
county shall be treated as county. Any corpo-
ration, association, partnership, person or per
sons, unlawiully failing or refusing to pay the
tax herein provided. when the same shall be-
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 lien upon the property
hereinbefore in this section designated, andmey
be enforced In such manner as the Legislature
may by law prescribe. All railroads, so far as
the same are situated within the boundaries OF
any common school district, shall be subject to
an ad valoren tax for school purposes voted by
the electors of the district, at special election
held for that purpose, the same as other prop
erty situated within the district, anything in
this article to the contrary notwithstanding.
And all railroads, es far as they are situated
within the boundaries of any incorporated city
or town, shall be subject to an ad yalorem tax
for municipal purposes the same as other prop
erty situated therein anything in this article to
the contrary Notwithstanding.
SEC. IL. Income taxes may be assessed and
collected from persons. corporations, joint stock
associations or companies. resident or doing
business in this State, or any one or more OF
them, in such cases and amounts and IN such
manner as shall be prescribed by law. No Court
within this State shall have power, by injunc