The Providence news. (Providence [R.I.]) 1891-1906, 1898-07-26

thereon In said town. ward. and district
meetings. the same shall be declared 10 be
1.-THE REVISED CONSTITUTION OF
THE STATE OF RHODE ISLAND AND
PROVIDENCE PLANTATIONS
Sec. s. This act shall take effect on and
after its passage.
CHAPTER 5S0
AN ACT Providing For a Tax on Street
Railways.
Passed June Is. 1881
1t is enacted by the General Assembly as
follows:
Section !. For the purpose of providing
additional revenue for the state, every
street railway company Incorporated under
the laws of this state, accepting the provi-
sions OF this act shall annually, hereafter.
on or before October first, pay to the state
a tax upon its earnings as follows. viz: II
the annual dividend paid by such company
during the year ending on the thirtieth day
OF June next preceding the date OF the re-
turn made according to law to the railroad
commissioner for such year r. eight per
centum on it's capital stock actually out
standing during such year. or less. or,if no
dividend is paid by It. the tax payable by
Il for that year shall be sum equal to one
per centum of Its gross earnings for that
year. and II such dividend exceed eight per
centum. then the tax payable by It for
that year shall be a sum equal to the ex-
cess OF such dividend over eight percentum.
but In no event shall said tax be less than
sum equal to one per centum OF such
gross earnings, which shall be paid with
out regard TO the net earnings OF such
company: Provided. however. that nothing
in this act contained shall deprive any city
or town OF the right to collect from any
street railway company any tax or other
payment uncluding payments now required
for the paving and repaving Of certain por-
tions of the streets and highways) which
- L. ~AI
tion to pay by virtue OF any law OF this
state or Of any contract or agreement with
the state, or with any city or town or 9TH
erwise: nor shall anything In this act con-
tained deprive any street railway company
OF any right privilege or franchise which
| II now enjoys. but the payments TO be
made under the provisions of this act shall
| in all cases be In addition to any and all
special taxes and sums which said COM
pany Is now under such legal obligation to
pay, and In addition TO the taxes now or
hereafter assessed by any city or town
upon the land and buildings OF any such
company; and the payments in this act
provided for shall be In lieu and satisfac-
tion Of all other taxes, excuses, burthens or
impostions whatsoever, by or under au-
thority Of this state. or of any law thereof.
upon the property income, rights, privi-
leges or franchises Of such companies men-
toned In this section. their SUCCESSORS and
assigns, as shall accept the provisions of
this act, excepting such are now i'm
posed upon such property, incomes. rights,
privileges or franchises. and such may
hereafter be imposed generally and with
out discrimination upon the property. in
come, rights. privileges or franchises Of all
persons and corporations.
Sec. 2. Every street railway company, Its
successors and assigns. now or hereafter
Incorporated under the laws Of this state.
operating street railways I'm any city or
town in this state. which shall accept the
provisions OF this act I'm manner herein-
after specified. and that shall agree to the
division Of profits and make the payments
herein provided, shall have and enjoy. with
respect to all lines leased. owned or oper-
ated by II during the continuance of such
payments. and In consideration thereof, all
the rights, privileges, and franchises which
II has at the time of such acceptance or
which may thereafter be granted to II TO
construct, maintain. use and operate street
railways with the cars. and all appurte-
nances of such railways In the manner and
by the method In use by Il at the time Of
such acceptance, or by such improved
methods as II may be authorised by the
general assembly 10 adopt. and as II may
employ from time to time. upon. over, and
under all the streets, avenues, highways
and public places In the cities and towns
In which the tracks OF said company may
at the time OF such acceptance be actually
located. or In which they may thereafter
be lawfully located. subject only TO the
right of revocation hereinafter provided
for: Provided, however. that every street
railway company accepting the provisions
of this act shan. 30 long as II continues to
enjoy the rights. privileges and franchises
aforesaid. continue to pay to the several
cities and towns notwithstanding the ex-
piration OF any existing contracts or agree
ments. such sums as are now or may be
required hereunder until new contracts or
agreements shall be made, and such sums,
not less. however. than those paid at the
expiration OF such existing contracts or
agreements. as may thereafter be agreed
upon from time to time. and failure for
ninety days on the part OF any such street
railway company to make any payment
required by this act shall cause forfeit
ure Of all rights. privileges and franchises
conferred and granted thereby.
Sec. 3. The city council OF any city or the
town council OF any town may. after four
teen days written notice L. all parties In
terested Of the time sed place at which
they will consider such matter. and after
hearing all parties, II the public necessity
and convenience In the use Of any portion
OF a street require II. for good and sum-
Client reasons, To be stated I'm the order
therefor. order that the location and the
right to maintain. continue and use tracks
with poles. wires and other appurtenances
In such portion shall be revokcd: and such
revocation OF such location and right shall
take erect Wnen approved Dy the railroad
commissioner, after public notice and oear-
ing, Upon revocation, as aforesaid, the
company shall remove the tracks In con-
formity with the order of revocation, and
shall put the portion OF the surface OF the
streets disturbed by such removal In as
good conoition and with the Same material
as the adjacent surface OF SAID streets IL
the company neglects TO execute such or
der. after thirty days notice thereof the
city council Of such city. or tho town
council OF such town. may cause the same
90 be executed and the work done az the
expense OF the company. to be recovered
IN an action Of the case: Provided. howev-
er. that in each such case OF revocation
such city or town council shall I'm and by
such order grant 10 such company inter-
ested n right In another street or highway
In such city or town. as nearly similar I'm
public convenience as possible. 10 construct,
maintain. use and operate its railroad and