Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-10-07
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 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; provided,
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,
proridcS further. that railroads shall be taxed as
provided in Section Ten OF this article; and,
pr0Uidcd 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 sueh ships and vessels on
their gross or net earnings, IN lieu of an ed 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 hde residents of this State.
Double taxation in any form is prohibited.
SEC. 8. 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 forth specifically ali prop
erty, real and personal, except railroad property,
as defined in Section Ten of this article, owned
py 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, as hereinafter provided, shall be assessed
in the county, city, city and ounty 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 lien of
all other State and count taxes upon the fran
ehise, business, right of way, roadway, roadbed,
rails, rolling stock, fences, stations and their
ap~purtenances, and upon ferryboats, when op-
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 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-first day OF December last
preceding, of all railroads, shall be, annually,
before the first day of Maythereafter, ascertained
and declared by the State Board of Equalization,
under such rules and regulations as may be pre-
seribed by said Board; provided. 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.
Second-Theg gross earnings which, during the
same wear, 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 Sta'es or Terrlto-
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 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 TINS
section, except for the purpose OF ascertainlng
the proportion of interstate earnings to be added
to the earnings made wholly within this state,
ali 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 TINS secton
shall become part of the General Fund OF this
State, and two thir Is thereof shall be pad TO
the county or counties in which said railroad Is
situated, in proportion to the length OF the rail
road operated In the several conntles; fof lhe
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 failing or refusing to pay the
lHA NeIelu pTONlucOt HicH AHt Nnhhc eAut NC.
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 tie property
hereinbefore in this section designated, and may
be enforced in such manner as the Legislature
may by law prescribe. All railroads, so far a:
the same are situated within the boundaries o
any common school, district, shall be subject u
an ad valorem tax for school purposes voted b,
the electors of the district, at a special election
held for that Purpose, the same as other prop
erty situated wxhin the district, anything Il
this article to the contrary notwithstanding
And all RAILROADS, as far as they are situateI
within the boundaries Of any Incorporated cit,
or town, shall be subject to an sd valorem ia;
for municipal purposes the same as other p7og
erty situated therein, anything in this article !
the contrary Notwithstanding.
Sec. IL. Income taxes may be assessed an
collected from persons, corporations, iofrt stoc
associations or companies, resident or dom
business in this State, or any one or more 9
them, in such cases and amounts and in sue
manner as shall be prescribed by law No Coui
within this State shall have powe-. by inJunt
ton o. otherwise, 70 interfere with, hinder Q