Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-30
NUMBER oSE.

| 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 al
other matters and things, real. personal and
| mixed, capable of private ownership; pr0ufded
that growing crops, property used exclusively
! for public schools, and such as may belong to
the United States, this state, or 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 aud taxed as a part of the realty; and,
pr0rided turttcr. that railroads shall be taxed as
provided in Section Ten OF this article: and,
| prosided 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
0fsIu tax. The Legislature may also provide,
EXCEPT In case of credits secured by mortgage
or trust deed, for q deduction from credits Of
debts due to bonn eide residents of this State.
Double taxation in any form is prohibited.
SEC. s. The Legislature shall, by law, require
each taxpayer in this State 70 make and deliver
to the County Assessor, annually. q statement
under oath. setting forth specifically all prop
erty, real and p~elsonal, except railroad property,
as defined in Section Ten of this article, owned
py such taxpayer, or in his possession or under
his ccntrtil, at twelve 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
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 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 obliga-
ton by which a debt is secured upon ouch prop
erty. AL other property belonging to such cor
poration or person shall be assessed and taxed
as other property is assessed and taxed. tn
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 he pre-
scribed by said Board; prorided, however, that
the Legislature may at any time pass laws pre-
scribing said rules and regulations. In ali 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.
~Second-The gross earnings which, during the
same year, have been earned partly within this
State ard partly without this STATE, which shall
be ascertained by apportioning such earnings
between this State and other sta eS or IerTlto-
ries, in the proportion which the number OF
miles OF such railroad situated In this State, and
used ia making such earnings, bears 10 he
IN sIl.-NE 49, tho a. n q
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 OF this
section, except for the purpose OF ascertaining
the proportion OF interstate earningst 70 be ADDED
to the earnings made wholly within this State,
all railroads operated as one system shall be
treated as one road. One-thirc OF the tax paid
by corporations or persons owning or operating
railroads under the provisions OF TINS section
shall become part of the General FUND of this
State, and two thir Is thereof snail be PAID 70
the county or counties in which said railroad y
situated, in proportion to the length OF the rell'
road operated In the several counties. for tne
purposes of this section a consolidated city and
county shall be treated as a county. Any corpo-
ration, association. partnership, person or per
sons. unlawfully falling or refusing 10 pay the
tax herein provided, when the same shall be
come due. or within thirty days thereafter, shall
be deemed 10 have waived their right to 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 property
hereinbefore in this section designated, and may
be enforced in such manner as the Legislature
may by law prescribe. All railroads, so far as
the SAINT are situated within the boundaries OF
any common school district, shall be subject TO
an ad yalorem tax for school purposes voted By
the electors of the district, at a 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, as far as they are situated
within the boundaries of any incorporated city
or town, shall be subject to an ad valorem tax
for municipal purposes the sane as other prop
erty situated therein, anything in this article &c
the contrary notwithstanding.
SEC. II. 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 Ccurf
within this State shall have powe-. By inJunc
ton or otherwise, to interfere with, hinder or
delay the collection Of any tax laiS snder the
form of law, except upon a showi. that the
same property has been taxed more than once
for the same purpose in the same year. and theo
onl, upon payment to the Tax Collector, orlnfc
Court, of e sum equal 10 the amount OF one o.
the taxes so laid upon the property IL question: