Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-10-04
AMENDMENT NUMBER ONE.

SECTION l. All property in the State, except
railruads, 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; pr0rIded,
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,
provided further, tina. railroads shall be taxed as
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 in
this state, or may tax such ships and vessels on
their gross or net earnings, In lieu of ell ad val
orem tax. The Legislature may also provide,
excep. in case of credits secured by mortgage
or trust deed, for q deduction from credits of
debts due 10 bona tide residents VI this state.
Double taxation in any form is prohibited.
SEC. 5. 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 all 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 andcounty, town, town.
ship, or district in which it is situated, in the
manner provided by law. Every corporation
and person owning or operating q 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
8ppuTtenances, and upon ferTyboats, 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 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-irst 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-
scribed by said Board; provided, however, that
the Legislature may st 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:
Rra-The gross earnings which. during the
yesr last preceding, have been earned wholly
within this state.
,Second-The gross earnings which, during the
same year, have been earned partly Titnin this
State and partly without this state, which shall
be ascertained by a2portionirg such earnings
between this State and other states or Terrific
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 p-o-
portion of interstate earnings thus ascertained
shall be added to the earnings made wholly
within the State, and the total thus obtained
shall be taken "a 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 ascerta4ning
the proportion Of interstate earnings 70 DC added
to the earnings made wholly within this state,
all railroads operated as one system saaH pe
treated as one road. One-third of the lax paid
by corporations or persons owning or operating
railroads under the provisions OF TINS secton
shall become part of the General fusc OF inis
State, and two Thrill thereof shall De pald 70
the county or counties in which salde TalirOao Is
| situated, in proportion to the lengthof the rail-
road operated in the several counisas. FOR tne
purDoseS of this section a consolidated city ana
| county shall be treated as a county. ANY corpo-
ration, association, partnership. person OF per
sons. uniaWfully falling or refusing 10 pay TIE
tax herein provided, when TIA same shan g,
| CulAG w. ILL
| be deemed to have waived thsI right 70 operate
their railroads within this State. The taxes
herein provided for, together with such perafties
as the Legislature may impose for the neatpay-
| ment thereof. shall be a len upon the Property
| hereinbefore in this section designated, ana may
be enforced in such manner as the Legislature
NAV by law prescribe. All railroads, 60 far as
the same are situated within the boundaries Of
eny common school district, shall bS subject tC
an ad yalorem tax for school purposes voted by
the electors of the district, at q special election
held for that purpose. the same ss other prop
erty situated within the district, anything il
this article 70 the contrary notwithstanding
And all RAILROADS, as far SIS taey are situateS
within the boundaries of any incorporated cit.
or VI shall be subject TO an ad valorem tai
for mp.nicipal purposes the same as other prop
erty situated therein, anything in this article :
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 9
them, in such cases and amounts and In sue
manner as shall be prescribed by law. No Coni
within this State shall have powe-. By inlune
ton or otherwise, to interfere with hlnder Q