Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-10
AMENDMENT NUarnEs ONE.

SECTION l. All property in the State, except
railroads. not exempt under the laws OF the
United States, shall be taxed in proportion 10 its
value, to be ascertained as provided by law.
The word property, 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 ana
mixed capable Of private ownership; prctided,
that growing crops, properly used exclusively
for public schools, anu such as may belong 10
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,
prOyided further that railroads shall be taxed as
pT0rided 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 net earnings, III lieu of an ed 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 tide residents # 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
10 the County Assessor, annually. q statement
under oath, setting forth specifically all prop
eTty, real and personal exec pit 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
fast Monday in March.
SEC. 10. All property except railroad prep
eI;y, 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 corporations
and person owning or operating 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
half per cent upon the gross earnings, earned
within this State, of such railroad, for the year
Il
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
appurtenances, and upon ferryboats, when op-
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 Obiga-
ton by which q debt Is secured upon such prop
erty. All other property belonging to such cor
poTation 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 escertained
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 all cases
where railroads are situated partly within this
State and partly without this state the gross an
nual earnings thereof shall be ascertained ana
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 dScertained by appOTtiOnlng such earnings
between this State and other Sta es or Terrific.
ries, in the proportion which the number OF
miles of such railroad situated in this State, and
used i'll making such earnings, bears to - he
whole number Of miles thereof. by the use of
which such earnings have been made. The pro-
portion of interstate earnings thus sScerteinsd
shall be added to the earnings made. wholly
within the State. aud the total thus obtained
shall be taken aud 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 ascerlaining
the proportion of interstate earnings n be added
to the earnings made wholly within this state,
all railroads operated a. one system shall be
treated as one road. One-ihisd Oi the tax pai0
by corporations or persons owning o. operating
railroads under III, tsinnF 81 this section
shall become part OF tn tuud OF this
State, and two thir u thcrt 1e paid 10
the county or ceuliics IN Which tai'rOad is
in proportion % the lcrEst- = the rail
purposes of this section a consolidated city and
county shall be treated as a county. Any corIO-
ration, association, partnership, person or per
sons, unlawfully failing or refusing % pay the
I'm htItlH pIbNihtNs NAattl AAAN 1tAAt bt
come due or within thirty days thereafter, shall
be deemed to have waived their right 10 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 lien upon the property
hereinbefore in this section designated, and may
be enforced in such manner as the Legislature
may by law prescribe. AL railroads. so far rs
the same are situated within the boundaries Of
any common school district, shall be subject TO
an ad yaloTem tax for school purposes voted by
the electors of the district, st special election
held for that purpose, the same as other prop
erty situated within the district anything IN
this article to the contrary Notwithstanding.
And all railroads, ss far as they are situated
within the boundaries of any incorporated city
or town, shall be subject to an ad valorem tax
for municipal purposes the same as other prop
erty situated therein, anything in this article 10
the contrary notwithstanding.
SEC. II. Income taxes may be assessed and
associations or companies, resident or doing
business in this state, or any one or more Of
them, in such cases AID amounts and in such
manner as shall be prescribed by law. Eo Courl
within this State shall haze power. by iI5uue
ton o. otherwise, 10 interfere with. hinder or
delay the collection OF auy tax laid under the
form of lew, except upon showing that the
same property has been taxed more than once
Tor the same purpose IN the same year. ana thtn
oni! upon payment to the Tax Collector, OF inLI
Court. OF q sum equal to the amount OF one o. |
he tsxes 50 laid upon the property IL question: ]