Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-30

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 shall be
treated as enc road. One-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 a county. Any corpo-
ration, association, partnership person or per-
sons, unlawIully falling or refusing to pay the
tax herein provided, when the same shall be-
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 pay
nenL tllereof, snail be a lien upon the property
heTeinbefore in this section designated and may
be enforced in such manner as the LEGISLATURE
may by law prescribe. All railroads, so far as
the same are situated within the boundaries of
any common school district shall be subject to
an ad valorem 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
hltlllL the Oh any Incorporated CITY
or town, shall be subject to an ad yalOrem tax
Tor municipal purposes the same as other prOp-
erty situated therein anything in this article to
the contrary Notwithstanding.
SEC. II. 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 of
them, in such cases and amounts and in such
manner as shall be prescribed by law. no Court
within this state shall have power by injunc.
with hrr,d
delay the collection OF any tax laid under the
form OF law, except upon showing that the
same property has been taxed more than once
Tor the same purpose in the same year, and then
oni! upon payment to the Tax Collector, or into
Court of sum equal 10 the amount of one OF
the taxes SO laid upon the property il question;
pcpHed tnat III all cases actions may be main
tanned against the Tax Collect to recover IL
legal taxes paid under protest. llsuch actions
must be commenced within thirty days after
such illegal taxes have been paid. 1t shall be
the duty of the Courts in which such actions
may be brought, to try them, upon the request
OF either party, in advance of all other civil ac
lions, ana such taxes so paid under protest shall
be retained by the Tax Collector, or such other
officer as theakegisature may designate until
such actions shall have been finally decided.
SCHEDULE
Nothing in this amendment shall affect any
assessment or tax heretofore made or levied or
interest thereon, or any penalty heretofore in
CURED, or any action right OF action on ac-
ccOunt OF any such assessment, tax, interest or
penalty; and all laws in force at the adop ion OF
this amendment not inconsistent Herewith,
shall remain in fun force and effect until altered
or repealed by the Legislature. The first levy
and payment of taxes against railroad property
hereunder, shall be made in the year eighteen
hundred and eighty-six, and shall be upon the
gross earnings, to be aseertained as herein pro-
vided, for the entire year of eighteen hundred
and eighty-five Taxation for the fiscal year
ending June thirtieth, eighteen hundred and
eighty five, is not affected by this amendment.
Now, THEREFORE, pursuant to the provisions
of the Constitution and an Act of the Legisla-
ture, entitled IAN Act to Provide for the Sub
mission of Proposed Amendments to the Con-
stitution of the State of California to the Quail
fed Electors for their Approval, approved
March eth, A. D. 1885," the said amendment ia
submitted to be voted upon, by ballot, by the
qualified electors of the3. ate on