Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-23
NUMBER ONE.

SECTION /. 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 aseerteined as provided by law.
The word property, as used in this article and
section, is hereby declared to include money
credits, bonds, stocks, dues, franchises and all
| other matters and things, real, personal and
mixed, capable of private ownership; protlded,
that growing crops. properly used exclusively
for public schools, and such as may belong to
the United StGteS, Ibis St2te, or any county or
municipal corporation wisain this State, shall
be exempt from taxation. Growing vines and
fruit trees shall ne deemed to be and shall be
assessed and taxed as a part OF the realty; and,
pYocided further, thSt railroads shall be taxed as
provided in Section Ten OF this article; and,
Drorided 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 a deduction from credits of
debts due to bona fide residents of this State.
Double taxation in any form isprohibited.
SEC. 8. TIL Legislature shall, by law, require
each taxpayer in this State to make and deliver
to the County Assessor, annually, q statement
under oath, setting forth specifically all prop
erty, real and personal. except railroad property,
as defined in Section Ten OF this article, owned
Nv such taXpayeT. Or in his possession or under
his control. at twelve O'Clock meridian on the
fist Monday in March.
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 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
a half per cent upon the gross earnings, earned
within this State, of such railroad, for the year
ending upon the thirty-irst day of December
next preceding, which tax shall be in lieu of
all other State and county taxes upon the iran
shise. business, right of way, roadway, roadbed,
rails, rolling stock, fences, stations ana their
appurtensnces, and upon ferryboats, 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 q debt is secured upon such prop
erty. All other property belonging TO such cor
poration or person snail De assessor anu taxed
as other property is assessed and taxed. Inc
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 rs may be pre-
scribed by said Board; prOrided, 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:
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 year, have been earned partly within this
| State and partly without this state, which shall
, be aseertained by apportioning such earnings
| between this State and other States or Terrific.
ries, in the proportion which the NUMBER OF
| miles of srch railroad situated In this State, and
| used ia making such earnings, bears To ne
| whole number of miles thereof, by the use OF
| which such earnings have been made. Inc 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 snail pc
treated as one road. One-third of the tax paid
by corporations or persons owning or operating
| railroads under the provisions OF TINS section
shall become part of the GenesaI Fund OF TINS
| State. and two thir Is thereof shall be paid 10
| 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 end
county shall be treated as aeounty. ANY corpo-
ration, association, partnership, person or per
sons, unlawfully falling or refusing to pay the
tax herein provided. whea the same shall De,
4 t1DIle ullG VI AAAAA aas
be deemed to have waived thelr right 70 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. n may
be enforced in such. manner - the Legislature
NAV by law prescribe. All railroads, so far a
the same are situated within the boundaries o.
any common sch9oi district, shall be subject "
an id yaiorem tax for school purposes voted BY
the electors of HE district, at a special election
held for that purpose, the same as other prop
erty situated within the district, anytztng L
this article 10 the contrary Notwithstanding
And all railroads, as far as tley are situated
within tho boundaries of any incorporated cit.
/ or town, shall be subject to en- ad vaIorem tai
for muncpaf purposes the same as other prop
erty situated therein, anything in axis article u
the ccasrary notwithstanding.
SEs. II. Income taxes may ne assessed an
collected from persona corporations, joint stoc
associations or companies, resident or dot9
business in this SsSte, or any one OF moe {
them. in such cases and amounts and in sue
manner as shall be prescribed By 'aW. - Coul
within his State shall have powe-, by inJunl
ton or otherwise, to interfere with, hinder {
delay the collection of any tax laiS Nnder tn
form of law, except upon a shoyS. that tn
same property has been taxed -loIe than ont
for the same purpose in the sane year, and the
onl, unon payment to the Tax Collector, ortnl
Court. of a sum equal 10 .sne amount OF one
, The taxes SO aid upon t1le property IL question