Los Angeles daily herald., 1886-10-15

to each of the two Houses OF said Legisla-
ture voting in favor thereof, proposed the
following amendment of Sections One,
Eight, Ten and Eleven of Article Thirteen,
of the Cons tuition OF the State OF Caliifor
mia:
AMENDMENT NUMBER ONE.
SECTION /. All property in the State, ex-
cept railroads, not exempt under the laws
of the United States. shall be axed in pro-
portion to its value, to be ascertained as
provided by law. The word property, as
used in this article and section. is hereby
declared 10 include moneys, credits. bonds,
stocks, dues, franchises and all other mat.
ters and things, real, personal and mixed.
capable of private ownership; proptded,
that growing crops, property USED exclu-
sively for public schools, and such as may
belong to the United States, this State; or
any county or municipal corporation within
thfs State, shall be exempt from taxation
Growing vines and fruit trees shall be
deemed to be and shall be assessed
aes,y Snd tanfd and provided urRsl Rs[ that rs
roads shall be taxed as provided in
Section Ten of this article; and, prortded
further, that the Legislature may provide
for the exemption from taxation OF ships
and vessels owned and registered or en-
rolled in this State, or may tax such ships
and vessels on their gross or net earnings,
in lieu of an ad yalorcm tax. The Legisla.
tre may also provide, except in case OF
for deduction from credits of debts due
to bona fide residents of this state. Doub.e
taxation in any form is prohibited.
SEC. s. The Legislature shall, by law, re
quire each taxpayer III this State TO make
and deliver to the County Assessor. an
nnally, a statement under oath, setting
forth specifically all property, real and per,
sonal except railroad property, as defined
in Section Ten of this article, owned by
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
property, as hereinafter provided. shall be
assessed in the county, city, city and coun-
ty, town, township, or district in which 1t Is
situated. in the manner provided by law.
Every corporation and person owning or
in this State, shall, on or before the first day
of July OF each year, pay to the State Treas
urer an annual tax of two and half per
cent upon the gross earnings. earned with
ending upon the tbirty-irst day of Decem-
Der 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,
and upon ferryboats when operated
upon tile shares of the capital stock,
aud upon the mortgages, deeds
Of trust, contracts or other TO obilgas, IL, "a
property. All 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 thirty first
day of December last preceding, of all rail.
r ads, shall be, annually. before the frst
day of May thereafter, ascertained and de-
clared by the State Board OF Equalization.
under such rules and regulations as may be
prescribed by said Board; provided. how
ever. that the Legislature may at any time
pass laws prescribing said rules and regula-
tions. In all cases where railroads are stu
ated partly within this State and partly
without this State the gross annual earnings
by taking:
FIrst-The gross earnings which, during
the year last preceding, have been earned
wholly within this State.
Sec0nd-The gross earnings which, during
the same year, have been earned partly
within this State and partly without this
State, which shall be ascertained by appor-
tioning such earnings between this State
and other States or Territories, in the proper
tion 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 thereof by the use of which
buC1 eaIulDSS nave Debu ne prO-
port on Of inlersta. e earnings thus ascer-
tained shall be added to the earnings made
VI holly within The Stste, and tbs. total TINS
obtained shall be taken and deened to be
the gross earnings oil such railroads for all
purposes OF assessment aud taSHtipn For
every purpose ot this section, except foT the
purpose OF ascertaining the proportion OF
interstate carni ugs to be added to the earn
ings made wholly within this State, al rail-
roads operated as oge system shall be
frsatai al road One third nf tlp IN v
paid by corporations or persons owning or
operating railroads under the iroyis!ons of
this section shall become part of the Cen
eral Fund Of this state, aud two thirds
thereof sLsl be paid to the county or cyun
ties il which said railroad lis situated, in
proportion t the length of the railroad
operated in the several counties. For the
purposes OF this section a consolidated city
and county shall be treated as county.
Amy corporation, association, partnership,
person, or pc rSons. unlawfully failing OF re-
fusing GO pay the tax herein provided, when
the same shall become due, or within hirty
days thereafter, shall be deemed to have
wGi7 co heir right to operate their railroads
within this State. The xes herein proyid-
cd for, together with such penalties as the
Legislature may impose for the non-pay-
ment thereof shall be lien upon the pro
perty hereinbefore in this section deSigna-
ted, and may be enforced in such manner
as the Legislature may by law prescribe.
All railroads, so far as the same are situated
within the boundaries OF the common
school district, shall be subje ect to an ad val
orem 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 article tothe contrary notwith-
standing. And all railroads, so far as they
are situated within the boundaries of any
incorporated city or town shall be subject
to an ad valorem tax for municipal pur-
poses the same as other property situated
therein, anything in this article to the con
trary Notwithstanding,
SEC. II. Income taxes may be assessed
and collected from persons, corporations,
Joint stock associations or companies, resi-
dent 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 Court within this
State shall have power, by injunction or
otherwise, to interfere with, hinder, or de-
lay the collection of any tax laid under the
form of law, except upon ashowing that the
same property has been taxed more than
once for the same purpose in the same year;
and then only upon payment to the Tax
Collector, or into Court, of sum eqnal to
the property in question: provided, that in
all cases actions may be maintained against
the Tax Collector to recover illegal taxes
paid under protest. All such actions must
be commenced within thirty days after
such illegal taxes have been paid. 1t shall
be the duty of the Court in which such ac-
tions may be brought to try them, upon the
request OF either party, in advance OF all
other civil actions, and snch taxes so paid
under protest shall be retained by the Tax
Collector, or such other officer as the Leeis-
lature may Designate until such actions
shall have been finally decided.
SCHEDULE.
ANotning in this amendment shall affect
any assessment or tax heretofore made or
levied. or interest thereon, or any penalty
heretofore incurred, or any action or right
OF action on account of any such assessment,
tax, interest or penalty; and all laws In force
at the adoption OF this amendment, not in
consistent Herewith, shall remain in full
force and effect until altered or repealed by
the legislature The first levy and pay
ment OF taxes against railroad property
hereunder, shall be made IN the year eigb-
teen hundred and eiehtv-six and shall be