Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-10-15
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 part of the realty; and,
prouideS further, that railroads shall be taxed as
provided in Section Ten OF this article; and,
propided further, that the Legislature may pro-
vide for the exemption from taxation of ships
and vessels owned and registered or enrolled in
this state, OF may tax such ships and vessels on
their gross or net earnings, IN lieu OF an ad val
orem tax. The Legislature may also provide,
except in case of credits secured by mortgage
or trust deed, for q deduction from credits of
debts due to bona tide residents of this State.
Double taxation il any form is prohibited.
SEC 5. The Legislature shall, by law require
each tax payer 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 Marcn.
SEC. 10. All property, except railroad prop
erty, as hereinafter provided, shall be assessed
in the county city, city and county, 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 10
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-frst day of December
next preceding, which tax shall be in lieu of
all other State ard county taxes upon the fran
chise, business, right OF way, roadway, roadbed,
rails, rolling stock, fences, stations and their
appurtenances and upon ferry boats, when OPP
Grated as 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 10 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 May thereafter ascertained
and declared by the State Board OF Equalization,
under such rules and regulations as may be pre-
scribed by said Board; pror;ded. 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 ascertalned and
determined by taking:
FFrst-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 within this
state and partly without this State, which shall
be ascertained by experiencing 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. Inc pro,
portion of interstate earnings thus aseertafned
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 this
section, except for the purpose of aseertaining
the proportion of interstate earnings to be added
to the earnings made wholly Wlthln TINS state,
all railroads operated as one system shall be
treated as one road. 0ne-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 this
state, and two thir Is thereof shall be paid to
the county or counties in which said railroad is
situated, in proportion to the length OF the rail
road operated in the several counties For the
purposes of this section a consolidated city and
county shall be treated as county. Any corpo-
ration, association, partnership, person or per-
sons unlawfully falling OF refusing to pay the
tax herein plONlutu, Hhtll tHc StIAt siid4A ~
come 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-p pay
ment thereof shall be lien upon the property
hereinbefore in this section designated, and maJ
| be en- iorced in such manner as the Legislature
| may by law prescribe All railroads, 50 far al
| the same are situated within the boundaries o.
any common school district, shail be subject u
| an ad valorem tax for school purposes voted By
the electors-of the district, at SPECIAL election
! held for that purpose, the same as ether prop
/ erty situated within the district, anything Il
( this article 10 the contrary notwithstanding
| And all railroads, as far as they are situa.eI
| within the boundaries of any Incorporated cit,
| or town. shall be subject TO an al yalorem tai
| for municipal purposes the same as other prop
erty situated therein, anything In this article L
the contrary notwithstanding
SEC. Ii. 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 SIS shall be prescribed by lay No Coul
within this State shall have power, ~ iElunS