Los Angeles daily herald., 1886-10-24

/ in proportion to Its value, to be ascer-
tanned as provided by law. The word
property, as used in this article and see.
| ton, is hereby declared to include mon.
eys, credits, bonds, stocks, dues, fran
chises, and all other matters and tbiogs,
real, personal and mixed, capable of pri
vate owner hip; 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 taxa
tion. Growing vines and fruit trees
shall be deemed to be and shall be as
sessed and taxed as a part of the realty;
and, provided, further, that railroads
shall be taxed as provided in Section 10
of this article; and, provided further,
that the Legislature may provide 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 valorem tax. The egisla-
ture may also provide, except in case of
credits secured by mortgage or trust
deed, for a deduction from credits of
debts due to bona fide residents of this
State. Double taxation in any form is
prohibited.
Sec. s. The Legislature shall, by
law, require each taxpayer in the State
to make and deliver to the County As.
SCISSOR, annually, statement under
oath, setting forth specifically all prop
eriy, real and personal, except railroad
property, as defined in Section 10 of
| this article, owned by such taxpayer, or
in his possession, or under his control,
at IL o'clock meridian, on the first Mon
| day in March.
Sec, 10. ALI property, except rail-
road property, as hereinafter provided,
shall be assessed in the county, city,
city and county, town, township or dis.
trict in which it is situated, in the
manner provided by law. Every corpo.
ration aud 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 all annual tax OF "a per
cent. upon the gross earnings earned
within this State OF such railroad for the
year ending upon the 3lst day of De-
cember next preceding; which tax shall
be in lieu of all other State and county
taxes upon the franchise, business, right
of way, roadway, roadbed, rails, rolling
stock, fences, stations and their appurt-
enances, and upon ferry beats when
operated as part of such railroad, and
upon the shares of the capital stock,
aad upon the mortgages, deeds of trust,
contracts or other obligation by which
debt is secured upon such property.
ALI other property belonging to such
corporation 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
3lst day of December last preceding, of
all ra lroads, shall be, annually, before
the lst day of May thereafter, ascer
tanned and declared by the State Board
of Equalization, under such rules and
regulations as may be prescribed by
said Board; provided, however, that
the Legislature may, at any time, pass
laws prescribing said rules and regula-
tions. In all cases where railroads are
situated partly within this Stale and
partly without this State, the gross
annu earnings thereof shall be ascer-
tanned and determined by taking:
Fnst-The gross earnings which, dur
ing 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 and partly with
out this State, which shall be ascertain
ed by apportioning such earnings between
this State and other States or Territories,
in the proportion which the number OF
miles of such railroad situated in this
State and used in making such earnings
bears to the whole number OF miles there
of, by the use of which such earnings
have been made. The proportion of in-
terstate earnings thus asoertained shall
be added to the earnings made wholly
within the State, and the total thus OBJ
tanned shall be taken and deemed to be
the gross earnings OF such railroads ter
all purposes of assessment and taxation.
For every purpose of this section, except
for the purpose of ascertaining the pro-
portion of interstate earnings to be ad-
ded 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 thi
State, and two-thirds thereof shall be
paid to the county or counties in which
said railroad is situated, in proportion to
the length of the railroad operated in the
several counties. For the purposes of
this section a consolidated city and coun.
~ shall be treated as county. Any
corporation, association, partnership,
person or persons, unlawfully failing or
refusing to pay the tax herein provided,
when the same shall become due, or
within thirty days thereafter, shall be
deemed to 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-payment there.
of, shall be lien upon the property
hereinbefore in this section designated,
and may be inforced in such manner as
the Legislature may by law prescribe
All railroads, SO far as the same are stu.
ated within the boundaries of any COM
mon school district, shall be sabject to
an ad valorem tax for school purposes
voted by the electors of the district, at
special election held for that purpose,
the same as other property situated
| within the district, any thing in this arti'
Gle to the contrary Notwithstanding.
And all boundaries of any incorporated
city or town, shall be subject to an ad
valorem tax for municipal purposes the
same as other property situated therein,
| anything in this article to the contrary
Notwithstanding.
| Sec. ii. Income taxes may be as.
sessed aud collected from persons, cor
porat tions, 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 in by law.
No court within this State shall have
power, by injunction or otherwise, to
interfere with, hinder, or delay the col.