Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-13
AMENDMENT NUMBER ONE.

SECTION l. All property in tho State, except
railroads, not exempt under the laws of the
United States shall be taxed in proportion to its
value to be aSeeTtaiued 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; proutded,
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 g part OF the realty; and,
prouided 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 deduction from credits of
debts due to bona fde residents If this State.
Double taxation in any form is prohibited.
SEC. 8. 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
eTty, 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 March.
SEC. 10. All property, except railroad prop
erty, as hereinafter provided, shall be assessed
in the county, city, city and county, town, town
shin. or district in which it is situated, in the
manner provided by law. Every corporation
aud person owning or operating railroad, or
any portion thereof, i'll 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-tirst day OF December
next preceding, which tax shall be in lieu of
all other State and county taxes upon the fran
chise, business, right OF way, roadway, roadDed,
rails, rolling stock, fences, stations and their
appurtenanees, and upon feIryboats, when OPP
Grated as q 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 to such cor
poration or person shall be assessed ana 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-
seribed by said Board; provided, 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 aseertained 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 appoitioning 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 ia 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 ascertained
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 ascertaining
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 sectlon
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 q consolidated city ana
county shall be treated as county Any corpo-
ration, association, partnership, person or per
sons, unlawfully failing or refusing to pay the
tax herein provided, when the same snail De
come due or within thirty days thereafter, shall
be deemed to have waived their right to operate
their railroads within this State. Inc taxes
herein provided for together with sueh penaItles
as the Legislature may impose for the nonpay-
ment thereof, shall be a lien upon the properly
hereinbefore in this section designated, ana may
be enforced in such manner as the Legislature
may by law prescribe. All railroads, SO lar as
the same are situated within the boundaries OF
any common school district, shall be subject 70
an ad yalorem tax for school purposes voted by
the electors OF the district, at 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 as 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 to
| the contrary notwithstanding.
| SEC IL. Income taxes may be assessed and
collected from persons, corporations, joint stock
| associations or companies, resident or doing
| business in this State, or any one or more o
| them, in such cases and amounts and in such
| manner as shall be prescribed by law. No Cour
within this State shall have power. by iDjunc
| ton or otherwise, to interfere with, hinder OF
| delay the collection OF any tax laid under thu
| form of law, except upon a showing that thu
same property has been taxed more than once
for the same purpose in the same year, and tnel
onl, upon payment to the Tax Collector, or int'
Court of a sum equal to the amount Oh ons y
the taxes 30 laid upon the property IL question