Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-21
AMENDMENT NUMBER oNE.

SECTION l. All property In the State, except
railroads, not exempt under the laws Of the
United States, shall be taxed in proportion to It's
value, TO be ascertained IS provided by law.
The word property. as used II this article and
SeCicn, is hereby declared to include moneys
credits, bonds, stocks, dues, franchises and al
other matters and things, .eaI, personal anG
mixed. capable OF private ownership; provided
thai growing croHs. properly used exclusively
for public schools, ana sueh rs may belong tC
the United St5tes, this stats, or any county OF
municipal corparSsiJn wirL,a this State, shall
be exempt from taxation, GSowing vines and
nuis trees shall be deemed Is be and shall be
assessed and taxed rs a part Of the realty; and,
prGyidcd filriheT. that railroads shall be taxed as
provided in Section Ten OF tlis article; and,
pr0pidei further, that the Legislature may pro-
vide Tor the exemption from taxation of ships
ana vessels owned and registered or enrolled in
this state, or may TAX sucn ships and vessels on
their gross or net earnings, N Leu of an ad val
Orem TAX. The Legislature may also provide,
exert i'll case OF credits secured by mortgage
or trust deed, FOR a 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 law, require
each taxpayer in This state TO make and deliver
to the County Assessor. annually, a statement
under oath, setting iur;h specifically all prop
ertv. real aud PERSONAL. except railroad property,
as defined in Section Ten OF this article, owned
py such taxoaycr, 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
ertv, as hereinafter provided. shall be assessed
in the county, city, city and county,town town.
ship, or district in which il is situated, in the
manner provided by law. Every corporation
and person owning or operating Il railroad, or
any portion thereof, IN TINS state, shau, 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, Tor the year
a. - AreN 1nI- ~ 1NnnnsaIar
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
a-ppurtenances, and upon ferryboats, when OPP
Grated as q part of such railroad, and upcn the
shares of the capital stock, end upon the mort
cages, deeds of trust, contracts or other obhga-
ton by which a 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-hTst day OF December last
preceding, of all railroads, shall be, annually.
before the first day of MaytheIeafter, ssceTtained
and declared by the State Board of Equalization
under such rules and regulations as may be pre-
scribed by said Board; pToridod, 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 ascertGined 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 TIM
State and partly without this state, which shall
be ascertained by appOItionirg such earnings
between this State and other States or Terrific
ries. in the proportion which the number oil
r,s1ag ~ c,,ab railroad Situafpl in this State. and
used ia making such earnings, bears To he
whole number of miles thereof, by the use OF
| which such earnings have been made. Inc pro,
norton OF interstate earnings thus ascertalned
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
iugs of such railroads Tor all purposes OF assess
ment and taxation. For every purpose OF thl'
section, except for the purpose of ascertainins
the proportion of interstate earnings to be added
to the earnings made wholly within this state
| treated as one road. Cne-third OF the tax paid
| by corporations or persons owning or operating
railroads under the provisions OF THIS sector
! shall become part of the General fund OF tnl'
State, and two thiris Thereon shai DC paiu =
| the county or counties in which said railroad Il
| situated, in proportion to the length OF the rall
| road operated in the several counties. for tne
| purposes of this section a consolidated city ahc
| county shall be treated as o county. ANY corpo
| ration, association, partnership, person or per.
| SONS. unlawfully falling or refusing 10 pay Lhs
tax herein provided, when the same shall be
| come due. or within thirty days thereafter, shall
| be deemed to have waived their right to operate
| their railroads within this State. The taxe'
| herein provided for, together with such penalties
as the Legislature may impose for the nonpay'
| ment thereof, shall be a lien upon the proper!
| hereinbefore in this section designated, ana MAJ
be enforced in such manne as the Legislature
| NAV by law prescribe. All railroads, SO lar a
/ the same are situated within the boundaries o
| any common school district, shall be supjecf U
| an ad yalorem tax for school purposes yosed o,
| the electors of the district, at a special eleetior
held for that purpose, the same as othS5 prop
| erty situated wEhin the district, anything II
this article to the contrary notwltnssandlng
And all RAILROADS, as far as they are situated
within the boundaries of any Incorporated cit,
i or town, b 8 be subject to an ad valorem ia;
for municipal purposes the same as other prop
erty situated therein, anything in mis- article t
the contrary notwithstanding.
SEC Il. Income taxes may be assessed an
| collected from persons. corporations, joint stoc
associations or companies, resident or doiD
business In this State, or any one or moro {
them. in such cases and amounts and in sac
manner as shall be prescribed by law. 70 coul
within this State shall have powe-. by Iajun'
ton or otherwise, to interfere with, hsader
delay the collection OF any tax laiS safer II
form OF law, except upon a showi. that u
same property has been taxed more than one
for the same purpose in the same year. sndtne
onl, upon payment to the Tex collector orInl
Court, of a sum equal TO the amount OF one
J ihs taxes 20 laid upon th< praperV 9"e'