Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-10-14
AMENDMENT NUMBER ONE.

SECTION 1. All property in the State, excep
railroads. not exempt under the laws of thu
United States, shall be taxed in proportion to i'll
value, to be ascertained as provided by law
The word property rs used in this article anC
section, is hereby declared to include moneys
credits, bonds, stocks, dues, franchises and al
other matters and things, real, personal and
mixed, capable of private ownership; pr0Vided
that growing crops, property used exclusively
for public schools, and such as may belong &c
the United States, this State, o. any county OF
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
provided further, that railroads shall be taxed a:
provided in Section Ten OF this article: and
prouided further, that the Legislature may pro
vide for the exemption from taxation of ships
and vessels owned and registered or enrolled IL
this state, or may tax such ships and vessels OF
their gross or net earnings, III lien 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 tide residents of this State
Double taxation in any form is prohibited.
SEC. s. The Legislature shall, by law, require
esch taxpayer i'll 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
by such taxpayer, or 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, es 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 OF operating 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
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
appurtenances, and upon ferryboatS, when oD-
Grated as q part of such railroad, and upon the
shares of the capital stock, and upon the mort
cages, deeds of trust contracts or other obliga-
ton by which debt is secured upon such prop
erty. All other property belonging to 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-frst day OF December last
preceding, of all railroads, shall be, annually,
before the first day of May thereafter ascertained
ana declared by the State Board of Equalization,
under such rules and regulations as may be pre-
seribed by said Board; prouidod, 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 this
State and partly without this state. the gross an
nual earnings thereof shall be ascertained and
determined by taking:
First The gross earnings which, during the
year last preceding, have been earned wholly
within this State.
Secord-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 apportioning such earnings
between this State and other states or Terrific
-;n- IL, +ha which tho r1h ar 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 to the earnings made wholly
within the State, and the total thus obtained
shall be taken and deemed 10 be the gross earn
inps of srch railroads for all purposes OF assess
ment and taxation For every purpose of this
section except for the purpose OF asceuGin1ng
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 operating
railroads under the provisions OF this section
shall become part OF the General fund OF this
state, and two thirIs thereof shall be paid 20
the eountyor counties in which said railroad is
situated in proportion TO the length OF the rail-
road operated in the several counties. For the
purposes of this section consolidated city and
county shall be treated as county. Any c0rpo-
ration, association, partnership, person OF 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
De deemed to have waived their right to operate
their railroads within this State. 1he taxes
herein provided for, together with such penalties
SIS the Legislature may impose for thu non pay
reDt thereof. shall be lien upon tie property
hereinbefore in this section designated, and may
be enforced in such rsGnner as tho Legislature
may by law prescribe. All railroads, 30 far a
the same are situatsd within the boundaries o
any common school district, shall be subject u
an ad valorem tax for school pzFposes voted BY
the electors of sae district, at special elsetioI
held for that purpose, the same as other prop
erty situated within the district, anything II
this article 10 the contrary Notwithstanding
And all railroads, as far SIS they are situated
within the boundaries of any incorporated cit,
or town. shall be subject to an ad yslorem tai
70, municipal purposes ibe same IS other prop
erty situated therein. anything In this article i
the contrary Notwithstanding.
| SEC IL. Income taxes may be assessed an
collected from persons, corporations, joint stoc
associations or companies, resident or dom
/ business in this State. or any one or more
| them in such cases and amounts and in sc
| manner as shall be prescribed By law. No ooul
within this Stete shah have powe,. by iDlunt