Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-10-01
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
mixed, capable of private ownership; pr0rtded,
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
frnit trees shall be deemed TO be and shall be
assessed aud taxed as q part OF the realty; and,
provided further. that 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 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 20 bona fde residents of this State.
Double taxation in any form is prohibited.
SEC. s. 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
DIV such taxpayer, or in his possession or under
his control, at twelve O'Clock meridian on the
FIST Monday in March.
SEC. 10. ALI 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 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
q 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 iran
chise, business, right of way, roadway, roadbed,
rails, rolling stock, fences, stations and their
appurtenances, and upon ferryboats, when cp-
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 cbliga-
ton by which q 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-tirst 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; prorided, however, that
the Legislature may at any time pass laws pre-
scribing said rules and regulations. In ali cases
wher 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-The gross earnings which, during the
SAME wear, have been earned partly within this
State and partly without this state, when snail
be ascertained by apportioning such earnings
between this State and other States or Ierrlto-
ries, in the proportion which the number OF
miles of such railroad situated III this State, and
- hnaHG ~ - hA
whole number of miles thereof. by the use OF
which such earnings have been made. The pro.
portion of interstate earnings thus ascertalned
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 aScertalnlng
the proportion of interstate earnings to be added
to the earnings made wholly within this state
all railroads operated as one system snan pe
treated as one road. One-third OF the tax paio
by corporations or persons owning OF operating
railroads under the provisions OF TINS section
shalt become part of the General FUND OF TINS
State. and two thirl Is thereof shall De pald 70
the county or counties in which said railroad is
situated In proportion to the length OF the rail
road operated in the several counties. ror tne
purposes of this section a consolidated city ano
County shall be treated as a county. ANY coIpo-
ration. association, partnership, person or per
sons, unlawfully failing or refusing to pay the
tax herein provided, when the same snail be,
come due. or within thirty days thereafter, snail
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-pay
ment thereof, shall be a lien upon the property
hereinbefore in this section designated, and may
be enforced in such manner as the Legislature
NAV by law prescribe. al railroads, so far as
the same are situated within the boundaries OF
any common school district, shall be subject 10
an ad valorem tax for school urpos voted by
the electors OF the district, at q special election
held for that purpose, the same as other prop
ertv situated within the district, anything in
this article to the contrary notwithstanding
And all railroads, SIS far as they are situated
within the boundaries Of any Incorporated city
or town. shall be subject TO an al valoFem tax
| for municipal purposes the same as otaer prop
erty situated therein, anything in this article "
| the contrary Notwithstanding.
SEC. u. Income taxes may be assessed snt
| collected from persons, corporations, joint stool
| associations or companies, resident or doin,
| business in this State, or n one or more o
them, in such cases and amounts and in sucl
manner as shall be prescribed by law. No Cour
| within this State shall have powe-. by inlune
| ton or otherwise, to interfere with, hinder o
delay the collection OF any tax iais under tn
form of law, except upon q show1- that IN
came property has been taxed more than ono
for the same purpose in the same year, andthel
onl, upon payment to the Tax Collector orms
Court. of a sum equal to the amount OF oIs :
! the taxes 80 laid upon the properly IL question: